Marietta City Zoning Code
DIVISION 708
DISTRICT STANDARDS AND PERMITTED USES1
Cross reference— Establishment of districts, div. 702; application of district regulations, div. 704; supplementary district regulations, div. 710; supplementary use regulations, div. 712.
708.01 - R-1, Single-Family Residential/Agriculture (1 unit/acre).
A.
Purpose and Intent. The R-1 district is intended to be used for low density single-family detached housing and residentially compatible uses requiring large amounts of open space.
B.
Permitted Uses.
1.
Single-family detached dwellings, but not including manufactured homes.
2.
Non-commercial horticulture and agriculture, except in front and side yard setbacks.
3.
Livestock, poultry and non-commercial riding stables, provided:
a)
No livestock shall be kept on a lot containing less than 5 acres.
b)
All buildings used for animals shall be set back not less than 150 feet from all property lines.
c)
All animals shall be maintained at least 50 feet from any property line and shall have 5,000 square feet of fenced lot area not covered by the principal structure for each animal.
4.
Golf courses and driving ranges, provided:
a)
Any building or structure established in connection with such use must be set back no less than 100 feet from any property line,
b)
Lighting shall be established in such a way that no direct light shall cast over any property line nor adversely affect neighboring properties.
5.
Group homes consisting of 3 or fewer individuals, exclusive of resident staff (see standards set forth in Section 712.02).
6.
Personal care homes consisting of 3 or fewer individuals, exclusive of resident staff, provided:
a)
The principal structure contains a residential facade architecturally similar to adjacent buildings.
b)
Such facilities obtain all necessary local and state licenses.
c)
The use is limited to the principal structure only.
d)
No other such facility shall be located within 1,000 feet as measured from property line to property line.
7.
Accessory uses and structures incidental to any legal permitted use.
C.
Temporary/Conditional Uses Allowed by the Director.
1.
Temporary or portable sawmill not to exceed a period of 6 months. Such mill may only process timber removed from the property on which it is located. Timber harvesting permits shall be required to meet all aspects of the Tree Protection Ordinance (see standards set forth in Section 712.08).
2.
One accessory dwelling unit (ADU), provided:
a)
Such structure is located to the rear of the principal structure and no less than 10 feet from any property line.
b)
Such structure has 5,000 square feet of lot area dedicated to its use in addition to the district requirements for the principal use.
c)
No paying guests or tenants are housed.
d)
No other similar use or structure is located on the lot.
e)
The height of the structure shall not exceed that of the principal structure.
f)
The area of the structure's footprint may not exceed 50% that of the principal structure.
g)
Any such structure greater than 15 feet in height must be set back at least 10 feet from the side property line and must be set back a distance of 35 feet from the rear property line, or a distance equal to the height of the structure, whichever is less. In cases of corner lots, the accessory dwelling unit may not be closer to any abutting right-of-way than the principal structure.
h)
No accessory dwelling unit shall be constructed upon a lot before the principal structure.
i)
The property owner must occupy either the principal structure or the accessory dwelling unit.
3.
Limited home occupations (see standards set forth in Section 712.04).
4.
Garage sales, provided:
a)
Limited to 3 consecutive days and 1 event every 3 months.
b)
No consignment goods may be offered for sale.
c)
Sales are conducted between the hours of 8:00 a.m. and 7:00 p.m.
d)
One sign per property frontage is allowed, maximum 6 square feet in size.
5.
Chickens shall be allowed on property zoned R-1 according to the restrictions listed below:
a)
An accurately scaled sketch of the property must be provided that shall indicate the location of all existing and proposed structures, including coops and fences, as well as their distances from surrounding property lines.
b)
No roosters shall be allowed.
c)
The maximum number of chickens allowed on any property shall not exceed 4.
d)
The minimum lot size for the keeping of chickens is 15,000 square feet.
e)
Chickens may only be kept on properties with an occupied residence.
f)
Chicken coops may be no more than 8 feet in height.
g)
Chicken coops and the enclosed "run area" shall not be more than 100 square feet in area.
h)
Chickens must be kept in a fenced area in the rear yard at least 20 feet from any property line and 10 feet from the principal structure. The minimum fenced area for chickens shall be 25 square feet per chicken.
i)
All coops and surrounding areas are to be properly maintained and kept clean so as not to become a nuisance. Coops and feed are to be secured at all times to prevent any potential nuisance with mice or other rodents and pests.
j)
A property owner or resident may be required to remove any and all chickens if they are not being properly contained in the manner specified in this section.
k)
Chickens shall only be permitted as pets or for egg production; the chickens shall not be kept for slaughter.
Notwithstanding anything contained in this ordinance, this ordinance shall not modify, nullify, change or usurp any protective covenant, restrictive covenant, declarations or conditions currently existing and recorded on the Deed Records of Cobb County, Georgia. This ordinance applies only within the City of Marietta.
6.
Mobile retail food establishments shall be allowed on property zoned R-1 according to the restrictions listed below:
a)
Written permission of the property owner is obtained.
b)
Such use does not last longer than 1 day and no more than 3 days annually.
c)
These uses are not located within any public right-of-way or City-owned property, unless otherwise authorized by the City.
d)
Adequate paved parking, ingress and egress are provided on site.
e)
A temporary use permit is applied for and approved by the Director of the Department of Development Services.
f)
The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to mobile retail establishments; all such variance requests must be submitted to City Council. Variances for mobile food establishments shall be considered according to the criteria defined under Subsection 712.01(E).
D.
Special Uses Permitted by Board of Zoning Appeals. Not applicable in this district.
E.
Special Uses Permitted by City Council.
1.
Places of assembly, private parks and playgrounds, and neighborhood recreation centers or swimming pools, provided:
a)
Lighting shall be established in such a way that no direct light shall cast over any property line nor adversely affect neighboring properties.
b)
Any building or structure established in connection with such use must be setback no less than 75 feet from any property line.
c)
All pools must adhere to the standards of the Standard Swimming Pool Code, as amended. (See standards set forth in Section 712.01.)
2.
Home occupations—Type B (see standards set forth in Section 712.04).
3.
Party houses.
4.
Cemeteries and mausoleums, provided:
a)
Minimum lot size is 10 acres.
b)
A 25-foot undisturbed buffer be established around the perimeter of the use with a solid fence or wall no less than 6 feet in height.
c)
All buildings must be set back at least 25 feet from the buffer.
d)
All graves be set back 10 feet from the buffer.
e)
No graves may be placed within any required setback.
f)
Funeral homes and mausoleums must have 20,000 square feet dedicated solely to their use.
5.
Group homes consisting of 4 or more individuals (see standards set forth in Section 712.02).
F.
Accessory Structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least 10 feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
3.
No accessory building shall be constructed upon a lot before the principal building.
4.
Accessory structures greater than 15 feet in height, but less than 35 feet in height, must be set back at least 10 feet from the side property line, and must be set back from the rear property line a distance of 30 feet, or a distance equal to the height of the structure, whichever is less.
5.
Accessory structures utilizing canvas coverings, tarpaulins, sails, tents, or other nondurable materials, are considered temporary and are not permitted for long term use, as they do not meet the minimum requirements of the building code for an accessory structure. Such temporary accessory structures may only be utilized for a period not lasting longer than 14 days consecutively and 42 days annually.
G.
Use Limitations.
1.
All outside storage must be stored in a side or rear yard and screened from all streets and adjacent properties by a wood fence at least 6 feet in height. The Director may approve the substitution of plantings for the required fence. Unenclosed carports and front porches may not be used for storing any materials other than firewood or recyclable materials within a city approved container.
2.
A satellite dish with a diameter of 24 inches and under may be attached to the side or rear of the principal structure and encroach 3 feet into the required setback. Larger satellite dishes shall be considered accessory structures (and therefore subject to the standards for same) that must be screened by fencing or vegetation in such a manner that they may not be seen from the public right-of-way.
H.
Bulk and Area Regulations.
I.
Landscape and Buffer Requirements. Not applicable in this district.
(Ord. No. 6534, 7/9/2003, § 1; Ord. No. 6753, 11/10/2004, § 1; Ord. No. 7156, 5/12/2008, §§ 1, 2; Ord. No. 7513, 1/12/2011, § 1; Ord. No. 7840, 9/9/2015, § 1; Ord. No. 7881, 6/8/2016, § 1; Ord. No. 7946, 2/8/2017, § 2; Ord. No. 7961, 6/14/2017, § 1; Ord. No. 8116, 9/11/2019, § 1; Ord. No. 8130, 12/11/2019, § 1; Ord. No. 8131, 12/11/2019, §§ 1, 2; Ord. No. 8199, 12/9/2020, § 1; Ord. No. 8437, 2/12/2025, § 1)
708.02 - R-2, Single-Family Residential (2 units/acre).
A.
Purpose and Intent. The R-2 district is intended to be used for low density single-family detached housing and residentially compatible uses requiring large amounts of open space.
B.
Permitted Uses.
1.
Single-family detached dwellings.
2.
Group homes consisting 3 or fewer individuals, exclusive of resident staff (see standards set forth in Section 712.02).
3.
Personal care homes consisting 3 or fewer individuals, exclusive of resident staff, provided:
a)
The principal structure contains a residential facade architecturally similar to adjacent buildings.
b)
Such facilities obtain all necessary local and state licenses.
c)
The use is limited to the principal structure only.
d)
No other such facility shall be located within 1,000 feet as measured from property line to property line.
4.
Accessory uses and structures incidental to any legal permitted use.
C.
Temporary/Conditional Uses Allowed by the Director.
1.
One accessory dwelling unit (ADU), provided:
a)
Such structure is located to the rear of the principal structure and no less than 10 feet from any property line.
b)
Such structure has 5,000 square feet of lot area dedicated to its use in addition to the district requirements for the principal use.
c)
No paying guests or tenants are housed.
d)
No other similar use or structure is located on the lot.
e)
The height of the structure shall not exceed that of the principal structure.
f)
The area of the structure's footprint may not exceed 50% that of the principal structure.
g)
Any such structure greater than 15 feet in height must be set back at least 10 feet from the side property line and must be set back a distance of 35 feet from the rear property line, or a distance equal to the height of the structure, whichever is less. In cases of corner lots, the accessory dwelling unit may not be closer to any abutting right-of-way than the principal structure.
h)
No accessory dwelling unit shall be constructed upon a lot before the principal structure.
i)
The property owner must occupy either the principal structure or the accessory dwelling unit.
2.
Limited home occupations (see standards set forth in Section 712.04).
3.
Garage sales, provided:
a)
Limited to 3 consecutive days and 1 event every 3 months.
b)
No consignment goods may be offered for sale.
c)
Sales are conducted between the hours of 8:00 a.m. and 7:00 p.m.
d)
One sign per property frontage is allowed, maximum 6 square feet in size.
4.
Chickens shall be allowed on property zoned R-2 according to the restrictions listed below:
a)
An accurately scaled sketch of the property must be provided that shall indicate the location of all existing and proposed structures, including coops and fences, as well as their distances from surrounding property lines.
b)
No roosters shall be allowed.
c)
The maximum number of chickens allowed on any property shall not exceed 4.
d)
The minimum lot size for the keeping of chickens is 15,000 square feet.
e)
Chickens may only be kept on properties with an occupied residence.
f)
Chicken coops may be no more than 8 feet in height.
g)
Chicken coops and the enclosed "run area" shall not be more than 100 square feet in area.
h)
Chickens must be kept in a fenced area in the rear yard at least 20 feet from any property line and 10 feet from the principal structure. The minimum fenced area for chickens shall be 25 square feet per chicken.
i)
All coops and surrounding areas are to be properly maintained and kept clean so as not to become a nuisance. Coops and feed are to be secured at all times to prevent any potential nuisance with mice or other rodents and pests.
j)
A property owner or resident may be required to remove any and all chickens if they are not being properly contained in the manner specified in this section.
k)
Chickens shall only be permitted as pets or for egg production; the chickens shall not be kept for slaughter.
Notwithstanding anything contained in this ordinance, this ordinance shall not modify, nullify, change or usurp any protective covenant, restrictive covenant, declarations or conditions currently existing and recorded on the Deed Records of Cobb County, Georgia. This ordinance applies only within the City of Marietta.
5.
Mobile retail food establishments shall be allowed on property zoned R-2 according to the restrictions listed below:
a)
Written permission of the property owner is obtained.
b)
Such use does not last longer than 1 day and no more than 3 days annually.
c)
These uses are not located within any public right-of-way or City-owned property, unless otherwise authorized by the City.
d)
Adequate paved parking, ingress and egress are provided on site.
e)
A temporary use permit is applied for and approved by the Director of the Department of Development Services.
f)
The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to mobile retail establishments; all such variance requests must be submitted to City Council. Variances for mobile food establishments shall be considered according to the criteria defined under Subsection 712.01(E).
D.
Special Uses Permitted by Board of Zoning Appeals. Not applicable in this district.
E.
Special Uses Permitted by City Council.
1.
Places of assembly, private parks and playgrounds, and neighborhood recreation centers or swimming pools, provided:
a)
Lighting shall be established in such a way that no direct light shall cast over any property line nor adversely affect neighboring properties.
b)
Any building or structure established in connection with such use must be setback no less than 75 feet from any property line.
c)
All pools must adhere to the standards of the Standard Swimming Pool Code, as amended.
d)
(See standards set forth in Section 712.01.)
2.
Home occupations—Type B (see standards set forth in Section 712.04).
3.
Party houses.
4.
Cemeteries and mausoleums, provided:
a)
Minimum lot size is 10 acres.
b)
A 25-foot undisturbed buffer be established around the perimeter of the use with a solid fence or wall no less than 6 feet in height.
c)
All buildings must be set back at least 25 feet from the buffer.
d)
All graves be set back 10 feet from the buffer.
e)
No graves may be placed within any required setback.
f)
Funeral homes and mausoleums must have 20,000 square feet dedicated solely to their use.
5.
Group homes consisting of 4 or more individuals (see standards set forth in Section 712.02.
F.
Accessory Structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least 10 feet from side or rear lot lines, except as set forth below in 708.02(F)4. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
3.
No accessory building shall be constructed upon a lot before the principal building.
4.
Accessory structures greater than 15 feet in height, but less than 35 feet in height, must be set back at least 10 feet from the side property line, and must be set back from the rear property line a distance of 30 feet, or a distance equal to the height of the structure, whichever is less.
5.
The height of the structure shall not exceed that of the principal structure.
6.
The area of the accessory building's footprint may not exceed 50% that of the principal structure.
7.
Swimming pools must be enclosed by a fence not less than 4 feet in height with a self-closing, self-latching gate and must comply with all applicable safety and health ordinances.
8.
Heating and air conditioning units may encroach 5 feet into the required rear or side setback.
9.
Accessory structures utilizing canvas coverings, tarpaulins, sails, tents, or other nondurable materials, are considered temporary and are not permitted for long term use, as they do not meet the minimum requirements of the building code for an accessory structure. Such temporary accessory structures may only be utilized for a period not lasting longer than 14 days consecutively and 42 days annually.
G.
Use Limitations.
1.
No outside storage is permitted with residential uses, excluding firewood and lawn furnishings.
2.
All outside storage associated with nonresidential uses must be stored in a side or rear yard and screened from all streets and adjacent properties by a wood fence no less than 6 feet in height. The Director may approve the substitution of plantings for the required fence. Unenclosed carports and front porches may not be used for storing any materials other than firewood or recyclable materials within a city approved container.
3.
A satellite dish with a diameter of 24 inches and under may be attached to the side or rear of the principal structure and encroach 3 feet into the required setback. Larger satellite dishes shall be considered accessory structures (and therefore subject to the standards for same) that must be screened by fencing or vegetation in such a manner that they may not be seen from the public right-of-way. Installation of more than 1 satellite dish per structure requires prior approval from Planning and Zoning staff.
4.
Each dwelling unit may contain a maximum of 4 domesticated animals weighing 3 pounds or more. This standard shall not apply to animals less than 6 months of age. No livestock are permitted.
H.
Bulk and Area Regulations.
I.
Landscape and Buffer Requirements. Not applicable in this district.
(Ord. No. 6503, 5/14/2003, § 1; Ord. No. 6534, 7/9/2003, § 2; Ord. No. 6753, 11/10/2004, § 2; Ord. No. 7156, 5/12/2008, §§ 3, 4; Ord. No. 7513, 1/12/2011, § 2; Ord. No. 7840, 9/9/2015, § 2; Ord. No. 7881, 6/8/2016, § 2; Ord. No. 7946, 2/8/2017, § 3; Ord. No. 7961, 6/14/2017, § 2; Ord. No. 8116, 9/11/2019, § 2; Ord. No. 8130, 12/11/2019, § 2; Ord. No. 8131, 12/11/2019, §§ 3, 4; Ord. No. 8199, 12/9/2020, § 2; Ord. No. 8437, 2/12/2025, § 2)
708.03 - R-3, Single-Family Residential (3 units/acre).
A.
Purpose and Intent. The R-3 district is intended to be used for low density single-family detached housing and residentially compatible uses requiring large amounts of open space.
B.
Permitted Uses.
1.
Single family detached dwellings.
2.
Group homes consisting of 3 or fewer individuals, exclusive of resident staff (see standards set forth in Section 712.02).
3.
Personal care homes, consisting 3 or fewer individuals, exclusive of resident staff, provided:
a)
The principal structure contains a residential facade architecturally similar to adjacent buildings.
b)
Such facilities obtain all necessary local and state licenses.
c)
The use is limited to the principal structure only.
d)
No other such facility shall be located within 1,000 feet as measured from property line to property line.
4.
Accessory uses and structures incidental to any legal permitted use.
C.
Temporary/Conditional Uses Allowed by the Director.
1.
One accessory dwelling unit (ADU), provided:
a)
Such structure is located to the rear of the principal structure and no less than 10 feet from any property line.
b)
Such structure has 5,000 square feet of lot area dedicated to its use in addition to the district requirements for the principal use.
c)
No paying guests or tenants are housed.
d)
No other similar use or structure is located on the lot.
e)
The height of the structure shall not exceed that of the principal structure.
f)
The area of the structure's footprint may not exceed 50% that of the principal structure.
g)
Any such structure greater than 15 feet in height must be set back at least 10 feet from the side property line and must be set back a distance of 35 feet from the rear property line, or a distance equal to the height of the structure, whichever is less. In cases of corner lots, the accessory dwelling unit may not be closer to any abutting right-of-way than the principal structure.
h)
No accessory dwelling unit shall be constructed upon a lot before the principal structure.
i)
The property owner must occupy either the principal structure or the accessory dwelling unit.
2.
Limited home occupations (see standards set forth in Section 712.04).
3.
Garage sales, provided:
a)
Limited to 3 consecutive days and 1 event every 3 months.
b)
No consignment goods may be offered for sale.
c)
Sales are conducted between the hours of 8:00 a.m. and 7:00 p.m.
d)
One sign per property frontage is allowed, maximum 6 square feet in size.
4.
Chickens shall be allowed on property zoned R-3 according to the restrictions listed below:
a)
An accurately scaled sketch of the property must be provided that shall indicate the location of all existing and proposed structures, including coops and fences, as well as their distances from surrounding property lines.
b)
No roosters shall be allowed.
c)
The maximum number of chickens allowed on any property shall not exceed 4.
d)
The minimum lot size for the keeping of chickens is 15,000 square feet.
e)
Chickens may only be kept on properties with an occupied residence.
f)
Chicken coops may be no more than 8 feet in height.
g)
Chicken coops and the enclosed "run area" shall not be more than 100 square feet in area.
h)
Chickens must be kept in a fenced area in the rear yard at least 20 feet from any property line and 10 feet from the principal structure. The minimum fenced area for chickens shall be 25 square feet per chicken.
i)
All coops and surrounding areas are to be properly maintained and kept clean so as not to become a nuisance. Coops and feed are to be secured at all times to prevent any potential nuisance with mice or other rodents and pests.
j)
A property owner or resident may be required to remove any and all chickens if they are not being properly contained in the manner specified in this section.
k)
Chickens shall only be permitted as pets or for egg production; the chickens shall not be kept for slaughter.
Notwithstanding anything contained in this ordinance, this ordinance shall not modify, nullify, change or usurp any protective covenant, restrictive covenant, declarations or conditions currently existing and recorded on the Deed Records of Cobb County, Georgia. This ordinance applies only within the City of Marietta.
5.
Mobile retail food establishments shall be allowed on property zoned R-3 according to the restrictions listed below:
a)
Written permission of the property owner is obtained.
b)
Such use does not last longer than 1 day and no more than 3 days annually.
c)
These uses are not located within any public right-of-way or City-owned property, unless otherwise authorized by the City.
d)
Adequate paved parking, ingress and egress are provided on site.
e)
A temporary use permit is applied for and approved by the Director of the Department of Development Services.
f)
The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to mobile retail establishments; all such variance requests must be submitted to City Council. Variances for mobile food establishments shall be considered according to the criteria defined under Subsection 712.01(E).
D.
Special Uses Permitted by Board of Zoning Appeals. Not applicable in this district.
E.
Special Uses Permitted by City Council.
1.
Places of assembly, private parks and playgrounds, and neighborhood recreation centers or swimming pools, provided:
a)
Lighting shall be established in such a way that no direct light shall cast over any property line nor adversely affect neighboring properties.
b)
Any building or structure established in connection with such use must be setback no less than 75 feet from any property line.
c)
All pools must adhere to the standards of the Standard Swimming Pool Code, as amended (see standards set forth in Section 712.01).
2.
Home occupations—Type B (see standards set forth in Section 712.04).
3.
Party houses.
4.
Cemeteries and mausoleums, provided:
a)
Minimum lot size is 10 acres.
b)
A 25-foot undisturbed buffer be established around the perimeter of the use with a solid fence or wall no less than 6 feet in height.
c)
All buildings must be set back at least 25 feet from the buffer.
d)
All graves be set back 10 feet from the buffer.
e)
No graves may be placed within any required setback.
f)
Funeral homes and mausoleums must have 20,000 square feet dedicated solely to their use.
5.
Group homes consisting of 4 or more individuals (see standards set forth in Section 712.02.
F.
Accessory Structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least 10 feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
3.
No accessory building shall be constructed upon a lot before the principal building.
4.
Accessory structures greater than 15 feet in height, but less than 35 feet in height, must be set back at least 10 feet from the side property line, and must be setback from the rear property line a distance of 30 feet, or a distance equal to the height of the structure, whichever is less.
5.
The height of the structure shall not exceed that of the principal structure.
6.
The area of the accessory building's footprint may not exceed 50% that of the principal structure.
7.
Swimming pools must be enclosed by a fence not less than 4 feet in height with a self-closing, self-latching gate and must comply with all applicable safety and health ordinances.
8.
Heating and air conditioning units may encroach 5 feet into the required rear or side setback.
9.
Accessory structures utilizing canvas coverings, tarpaulins, sails, tents, or other nondurable materials, are considered temporary and are not permitted for long term use, as they do not meet the minimum requirements of the building code for an accessory structure. Such temporary accessory structures may only be utilized for a period not lasting longer than 14 days consecutively and 42 days annually.
G.
Use Limitations.
1.
No outside storage is permitted with residential uses, excluding firewood and lawn furnishings.
2.
All outside storage associated with nonresidential uses must be stored in a side or rear yard and screened from all streets and adjacent properties by a wood fence no less than 6 feet in height. The Director may approve the substitution of plantings for the required fence. Unenclosed carports and front porches may not be used for storing any materials other than firewood or recyclable materials within a city approved container.
3.
A satellite dish with a diameter of 24 inches and under may be attached to the side or rear of the principal structure and encroach 3 feet into the required setback. Larger satellite dishes shall be considered accessory structures (and therefore subject to the standards for same) that must be screened by fencing or vegetation in such a manner that they may not be seen from the public right-of-way. Installation of more than 1 satellite dish per structure requires prior approval from Planning and Zoning staff.
4.
Each dwelling unit may contain a maximum of 4 domesticated animals weighing 3 pounds or more. This standard shall not apply to animals less than 6 months of age. No livestock are permitted.
H.
Bulk and Area Regulations.
I.
Landscape and Buffer Requirements. Not applicable in this district.
(Ord. No. 6503, 5/14/2003, § 2; Ord. No. 6534, 7/9/2003, § 3; Ord. No. 6753, 11/10/2004, § 3; Ord. No. 7156, 5/12/2008, §§ 5, 6; Ord. No. 7513, 1/12/2011, § 3; Ord. No. 7881, 6/8/2016, § 3; Ord. No. 7946, 2/8/2017, § 4; Ord. No. 7961, 6/14/2017, § 3; Ord. No. 8116, 9/11/2019, § 3; Ord. No. 8130, 12/11/2019, § 3; Ord. No. 8131, 12/11/2019, §§ 5, 6; Ord. No. 8199, 12/9/2020, § 3; Ord. No. 8437, 2/12/2025, § 3)
708.04 - R-4, Single-Family Residential (4 units/acre).
A.
Purpose and Intent. The R-4 district is intended to be used for low density single-family detached housing and residentially compatible uses requiring large amounts of open space.
B.
Permitted Uses.
1.
Single family detached dwellings.
2.
Group homes consisting 3 or fewer individuals, exclusive of resident staff (see standards set forth in Section 712.02).
3.
Personal care homes, consisting 3 or fewer individuals, exclusive of resident staff, provided:
a)
The principal structure contains a residential facade architecturally similar to adjacent buildings.
b)
Such facilities obtain all necessary local and state licenses.
c)
The use is limited to the principal structure only.
d)
No other such facility shall be located within 1,000 feet as measured from property line to property line.
4.
Accessory uses and structures incidental to any legal permitted use.
C.
Temporary/Conditional Uses Allowed by the Director.
1.
One accessory dwelling unit (ADU), provided:
a)
Such structure is located to the rear of the principal structure and no less than 10 feet from any property line.
b)
Such structure has 5,000 square feet of lot area dedicated to its use in addition to the district requirements for the principal use.
c)
No paying guests or tenants are housed.
d)
No other similar use or structure is located on the lot.
e)
The height of the structure shall not exceed that of the principal structure.
f)
The area of the structure's footprint may not exceed 50% that of the principal structure.
g)
Any such structure greater than 15 feet in height must be set back at least 10 feet from the side property line and must be set back a distance of 35 feet from the rear property line, or a distance equal to the height of the structure, whichever is less. In cases of corner lots, the accessory dwelling unit may not be closer to any abutting right-of-way than the principal structure.
h)
No accessory dwelling unit shall be constructed upon a lot before the principal structure.
i)
The property owner must occupy either the principal structure or the accessory dwelling unit.
2.
Limited home occupations (see standards set forth in Section 712.04).
3.
Garage sales, provided:
a)
Limited to 3 consecutive days and 1 event every 3 months.
b)
No consignment goods may be offered for sale.
c)
Sales are conducted between the hours of 8:00 a.m. and 7:00 p.m.
d)
One sign per property frontage is allowed, maximum 6 square feet in size.
4.
Chickens shall be allowed on property zoned R-4 according to the restrictions listed below:
a)
An accurately scaled sketch of the property must be provided that shall indicate the location of all existing and proposed structures, including coops and fences, as well as their distances from surrounding property lines.
b)
No roosters shall be allowed.
c)
The maximum number of chickens allowed on any property shall not exceed 4.
d)
The minimum lot size for the keeping of chickens is 15,000 square feet.
e)
Chickens may only be kept on properties with an occupied residence.
f)
Chicken coops may be no more than 8 feet in height.
g)
Chicken coops and the enclosed "run area" shall not be more than 100 square feet in area.
h)
Chickens must be kept in a fenced area in the rear yard at least 20 feet from any property line and 10 feet from the principal structure. The minimum fenced area for chickens shall be 25 square feet per chicken.
i)
All coops and surrounding areas are to be properly maintained and kept clean so as not to become a nuisance. Coops and feed are to be secured at all times to prevent any potential nuisance with mice or other rodents and pests.
j)
A property owner or resident may be required to remove any and all chickens if they are not being properly contained in the manner specified in this section.
k)
Chickens shall only be permitted as pets or for egg production; the chickens shall not be kept for slaughter.
Notwithstanding anything contained in this ordinance, this ordinance shall not modify, nullify, change or usurp any protective covenant, restrictive covenant, declarations or conditions currently existing and recorded on the Deed Records of Cobb County, Georgia. This ordinance applies only within the City of Marietta.
5.
Mobile retail food establishments shall be allowed on property zoned R-4 according to the restrictions listed below:
a)
Written permission of the property owner is obtained.
b)
Such use does not last longer than 1 day and no more than 3 days annually.
c)
These uses are not located within any public right-of-way or City-owned property, unless otherwise authorized by the City.
d)
Adequate paved parking, ingress and egress are provided on site.
e)
A temporary use permit is applied for and approved by the Director of the Department of Development Services.
f)
The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to mobile retail establishments; all such variance requests must be submitted to City Council. Variances for mobile food establishments shall be considered according to the criteria defined under Subsection 712.01(E).
D.
Special Uses Permitted by Board of Zoning Appeals. Not applicable in this district.
E.
Special Uses Permitted by City Council.
1.
Places of assembly, private parks and playgrounds, and neighborhood recreation centers or swimming pools, provided:
a)
Lighting shall be established in such a way that no direct light shall cast over any property line nor adversely affect neighboring properties.
b)
Any building or structure established in connection with such use must be setback no less than 75 feet from any property line.
c)
All pools must adhere to the standards of the Standard Swimming Pool Code, as amended (see standards set forth in Section 712.01).
2.
Home occupations—Type B (see standards set forth in Section 712.04).
3.
Party houses.
4.
Cemeteries and mausoleums, provided:
a)
Minimum lot size is 10 acres.
b)
A 25-foot undisturbed buffer be established around the perimeter of the use with a solid fence or wall no less than 6 feet in height.
c)
All buildings must be set back at least 25 feet from the buffer.
d)
All graves be set back 10 feet from the buffer.
e)
No graves may be placed within any required setback.
f)
Funeral homes and mausoleums must have 20,000 square feet dedicated solely to their use.
5.
Group homes consisting of 4 or more individuals (see standards set forth in Section 712.02.
F.
Accessory Structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least 10 feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
3.
No accessory building shall be constructed upon a lot before the principal building.
4.
Accessory structures greater than 15 feet in height, but less than 35 feet in height, must be set back at least 10 feet from the side property line, and must be set back from the rear property line a distance of 30 feet, or a distance equal to the height of the structure, whichever is less.
5.
The height of the structure shall not exceed that of the principal structure.
6.
The area of the accessory building's footprint may not exceed 50% that of the principal structure.
7.
Swimming pools must be enclosed by a fence not less than 4 feet in height with a self-closing, self-latching gate and must comply with all applicable safety and health ordinances.
8.
Heating and air conditioning units may encroach 5 feet into the required rear or side setback.
9.
Accessory structures utilizing canvas coverings, tarpaulins, sails, tents, or other nondurable materials, are considered temporary and are not permitted for long term use, as they do not meet the minimum requirements of the building code for an accessory structure. Such temporary accessory structures may only be utilized for a period not lasting longer than 14 days consecutively and 42 days annually.
G.
Use Limitations.
1.
No outside storage is permitted with residential uses, excluding firewood and lawn furnishings.
2.
All outside storage associated with nonresidential uses must be stored in a side or rear yard and screened from all streets and adjacent properties by a wood fence no less than 6 feet in height. The Director may approve the substitution of plantings for the required fence. Unenclosed carports and front porches may not be used for storing any materials other than firewood or recyclable materials within a city approved container.
3.
A satellite dish with a diameter of 24 inches and under may be attached to the side or rear of the principal structure and encroach 3 feet into the required setback. Larger satellite dishes shall be considered accessory structures (and therefore subject to the standards for same) that must be screened by fencing or vegetation in such a manner that they may not be seen from the public right-of-way. Installation of more than 1 satellite dish per structure requires prior approval from Planning and Zoning staff.
4.
Each dwelling unit may contain a maximum of 4 domesticated animals weighing 3 pounds or more. This standard shall not apply to animals less than 6 months of age. No livestock are permitted.
H.
Bulk and Area Regulations.
I.
Landscape and Buffer Requirements. Not applicable in this district.
(Ord. No. 6503, 5/14/2003, § 3; Ord. No. 6534, 7/9/2003, § 4; Ord. No. 6753, 11/10/2004, § 4; Ord. No. 7156, 5/12/2008, §§ 7, 8; Ord. No. 7513, 1/12/2011, § 4; Ord. No. 7881, 6/8/2016, § 4; Ord. No. 7946, 2/8/2017, § 5; Ord. No. 7961, 6/14/2017, § 4; Ord. No. 8116, 9/11/2019, § 4; Ord. No. 8130, 12/11/2019, § 4; Ord. No. 8131, 12/11/2019, §§ 7, 8; Ord. No. 8199, 12/9/2020, § 4; Ord. No. 8437, 2/12/2025, § 4)
708.05 - RA-4, Single-Family Residential—Attached.
A.
Purpose and Intent. The RA-4 district is intended to be used for medium density single-family attached housing. These districts may also serve as transitional zones between light commercial/office uses and districts reserved for lower density single-family uses.
B.
Permitted Uses.
1.
Duplexes.
2.
Fee simple townhouses, provided:
a)
A mandatory homeowners association shall be created that will be responsible for the upkeep and maintenance of all front yards and common areas including all fencing, landscaping, amenities and buffers, and shall include architectural control oversights for the development. Those projects containing 8 units or less, and considered redevelopment, conversion or remodeling of existing units shall be exempt from this requirement.
b)
Materials to be used on exterior facades of all buildings shall include brick, stone, stucco (not EFS type) or fiber-cement siding, or combinations of those materials. No vinyl, aluminum or metallic siding may be used.
c)
The townhouses shall be "for sale" only, and no more than 5% of all the townhouses within the residential development shall be allowed to be renter occupied at any time. A recital of this requirement shall be contained within the covenants to ensure enforcement. In addition, the homeowner's association or other governing body is hereby charged with the responsibility of enforcing this regulation on all homeowners and owners of lots and property in the development. The homeowner's association shall enforce this regulation to ensure compliance with city ordinances with both the initial owner of the property as well as all subsequent owners. Failure of the homeowner's association to require and achieve compliance may result in a civil penalty by the City of Marietta against the homeowner's association in the amount of $500.00.
d)
All townhouses shall have 2-car garages, and the parking pads/driveway in front of the garage shall be a minimum of 20 feet in length (measured from the back of sidewalk or back of curb when there is no sidewalk) in order to accommodate 2 additional cars. The garages shall be used for the parking and storage of vehicles and may not be enclosed to provide for additional residential space. A recital of this requirement shall be contained within the covenants to ensure enforcement.
e)
A guest parking area shall be provided at a ratio of 0.2 spaces per dwelling unit.
f)
The development shall comply with all recommendations from the City of Marietta Public Works Department with respect to hydrology, stormwater management, downstream considerations and any donation and/or conveyance of right-of-way that is deemed necessary.
g)
A 150-foot acceleration lane and a 150-foot deceleration lane with appropriate tapers shall be constructed, if required by the Public Works Department.
h)
A recreation area shall be provided at a ratio of 1 acre per 50 units (or a proportional percentage thereof) with a minimum of 10,000 square feet provided. Such area shall be developed with at least 1 passive recreational feature, such as a pavilion, gazebo or picnic area, and at least 1 active recreational feature, such as a walking trail, swimming pool, playground or tennis courts. Active recreational areas must be outside of any floodplain area and located in such a manner that at least 75% of the townhouses are within 300 feet, as measured from the building footprints. Any recreation area, whether passive or active, must be located in an area with a slope of less than 15%; however, all recreation areas must meet ADA requirements for accessibility. Active recreational areas must be improved through the use of terracing or other techniques to provide a usable area, such that at least 25% of the entire recreational area shall have a slope of no greater than 3%.
3.
Group homes consisting of 3 or fewer individuals, exclusive of resident staff (see standards set forth in Section 712.02).
4.
Accessory uses and structures incidental to any legal permitted use.
C.
Temporary/Conditional Uses Allowed by the Director.
1.
Limited home occupations (see standards set forth in Section 712.04).
2.
Garage sales, provided:
a)
Limited to 3 consecutive days and 1 event every 3 months.
b)
No consignment goods may be offered for sale.
c)
Sales are conducted between the hours of 8:00 a.m. and 7:00 p.m.
d)
One sign per property frontage is allowed, maximum 6 square feet in size.
3.
Single family detached residential units in accordance with the bulk and area regulations specified in Section 708.04(H).
4.
Mobile retail food establishments shall be allowed on property zoned RA-4 according to the restrictions listed below:
a)
Written permission of the property owner is obtained.
b)
Such use does not last longer than 1 day and no more than 3 days annually.
c)
These uses are not located within any public right-of-way or City owned property, unless otherwise authorized by the City.
d)
Adequate paved parking, ingress and egress are provided on site.
e)
A temporary use permit is applied for and approved by the Director of the Department of Development Services.
f)
The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to mobile retail establishments; all such variance requests must be submitted to City Council. Variances for mobile food establishments shall be considered according to the criteria defined under Subsection 712.01(E).
D.
Special Uses Permitted by Board of Zoning Appeals. Not applicable in this district.
E.
Special Uses Permitted by City Council.
1.
Places of assembly, private parks and playgrounds, and neighborhood recreation centers or swimming pools, provided:
a)
Lighting shall be established in such a way that no direct light shall cast over any property line nor adversely affect neighboring properties.
b)
Any building or structure established in connection with such use must be setback no less than 75 feet from any property line.
c)
All pools must adhere to the standards of the Standard Swimming Pool Code, as amended (see standards set forth in Section 712.01).
2.
Home occupations—Type B (see standards set forth in Section 712.04).
3.
Party houses.
4.
Group homes consisting of 4 or more individuals (see standards set forth in Section 712.02).
F.
Accessory Structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least 10 feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
3.
No accessory building shall be constructed upon a lot before the principal building.
4.
Accessory structures greater than 15 feet in height, but less than 35 feet in height, must be set back at least 10 feet from the side property line, and must be set back from the rear property line a distance of 30 feet, or a distance equal to the height of the structure, whichever is less.
5.
The area of the accessory building's footprint may not exceed 50% that of the principal structure.
6.
Swimming pools must be enclosed by a fence not less than 4 feet in height with a self-closing, self-latching gate and must comply with all applicable safety and health ordinances.
7.
Heating and air conditioning units may encroach 5 feet into the required rear or side setback.
8.
Accessory structures utilizing canvas coverings, tarpaulins, sails, tents, or other nondurable materials, are considered temporary and are not permitted for long term use, as they do not meet the minimum requirements of the building code for an accessory structure. Such temporary accessory structures may only be utilized for a period not lasting longer than 14 days consecutively and 42 days annually.
G.
Use Limitations.
1.
No outside storage is permitted with residential uses, excluding firewood and lawn furnishings.
2.
All outside storage associated with nonresidential uses must be stored in a side or rear yard and screened from all streets and adjacent properties by a wood fence no less than 6 feet in height. The Director may approve the substitution of plantings for the required fence. Unenclosed carports and front porches may not be used for storing any materials other than firewood or recyclable materials within a city approved container.
3.
A satellite dish with a diameter of 24 inches and under may be attached to the side or rear of the principal structure and encroach 3 feet into the required setback. Larger satellite dishes shall be considered accessory structures (and therefore subject to the standards for same) that must be screened by fencing or vegetation in such a manner that they may not be seen from the public right-of-way. Installation of more than 1 satellite dish per structure requires prior approval from Planning and Zoning staff.
4.
Each dwelling unit may contain a maximum of 4 domesticated animals weighing 3 pounds or more. This standard shall not apply to animals less than 6 months of age. No livestock are permitted.
5.
Minimum parking provided shall be 2 spaces per dwelling unit located a maximum of 150 feet from the dwelling unit.
H.
Bulk and Area Regulations.
I.
Landscape and Buffer Requirements. When an RA-4 district abuts an R-1, R-2, R-3, R-4 or PRD-SF (at an effective density of 4 units per acre), a 30-foot buffer shall be established. (see standards set forth in Section 710.05).
(Ord. No. 6534, 7/9/2003, § 5; Ord. No. 6737, 10/13/2004, § 1; Ord. No. 6855, 9/14/2005, § 1; Ord. No. 6988, 11/8/2006, § 1; Ord. No. 7156, 5/12/2008, §§ 9, 10; Ord. No. 7865, 1/13/2016, § 1; Ord. No. 7961, 6/14/2017, § 5; Ord. No. 8116, 9/11/2019, § 5; Ord. No. 8130, 12/11/2019, § 5; Ord. No. 8194, 11/11/2020, § 1; Ord. No. 8199, 12/9/2020, § 5; Ord. No. 8229, 7/14/2021, § 2; Ord. No. 8437, 2/12/2025, § 5)
708.06 - RA-6, Single-Family Residential—Attached.
A.
Purpose and Intent. The RA-6 district is intended to provide suitable areas for single-family attached housing at medium densities. These districts may also serve as transitional zones between light commercial/office uses and districts reserved for lower density single-family uses.
B.
Permitted Uses.
1.
Duplexes.
2.
Fee simple townhouses, provided:
a)
For all developments containing 8 units or more, a mandatory homeowners association shall be created that will be responsible for the upkeep and maintenance of all front yards and common areas including all fencing, landscaping, amenities and buffers, and shall include architectural control oversights for the development.
b)
"Four-sided architecture" is required, such that architectural features and materials shall be used in a consistent manner on all sides of the residential units. Materials to be used on exterior facades of all buildings shall include brick, stone, stucco (not EFS type) or fiber-cement siding, or combinations of those materials. No vinyl, aluminum or metallic siding may be used.
c)
The townhouses shall be "for sale" only, and no more than 5% of all the townhouses within the residential development shall be allowed to be renter occupied at any time. A recital of this requirement shall be contained within the covenants to ensure enforcement. In addition, the homeowner's association or other governing body is hereby charged with the responsibility of enforcing this regulation on all homeowners and owners of lots and property in the development. The homeowner's association shall enforce this regulation to ensure compliance with city ordinances with both the initial owner of the property as well as all subsequent owners. Failure of the homeowner's association to require and achieve compliance may result in a civil penalty by the City of Marietta against the homeowner's association in the amount of $500.00.
d)
All townhouses shall have 2-car garages, and the parking pads/driveways in front of the garage shall be a minimum of 20 feet in length (measured from the back of sidewalk or back of curb when there is no sidewalk) in order to accommodate 2 additional cars. The garages shall be used for the parking and storage of vehicles and may not be enclosed to provide for additional residential space. A recital of this requirement shall be contained within the covenants to ensure enforcement.
e)
A guest parking area shall be required at a ratio of 0.2 spaces per dwelling unit.
f)
The development shall comply with all recommendations from the City of Marietta Public Works Department with respect to hydrology, stormwater management, downstream considerations and any donation and/or conveyance of right-of-way that is deemed necessary.
g)
A 150-foot acceleration lane and a 150-foot deceleration lane with appropriate tapers shall be constructed if required by the Public Works Department.
h)
A recreation area shall be provided at a ratio of 1 acre per 50 units (or a proportional percentage thereof) with a minimum of 10,000 square feet provided. Such area shall be developed with at least 1 passive recreational feature, such as a pavilion, gazebo or picnic area, and at least 1 active recreational feature, such as a walking trail, swimming pool, playground or tennis courts. Active recreational areas must be outside of any floodplain area and located in such a manner that at least 75% of the townhouses are within 300 feet, as measured from the building footprints. Any recreation area, whether passive or active, must be located in an area with a slope of less than 15%, however, all recreation areas must meet ADA requirements for accessibility. Active recreational areas must be improved through the use of terracing or other techniques to provide a usable area, such that at least 25% of the entire recreational area shall have a slope of no greater than 3%.
3.
Group homes consisting of 3 or fewer individuals, exclusive of resident staff (see standards set forth in Section 712.02).
4.
Accessory uses and structures incidental to any legal permitted use.
C.
Temporary/Conditional Uses Allowed by the Director.
1.
Limited home occupations (see standards set forth in Section 712.04).
2.
Garage sales, provided:
a)
Limited to 3 consecutive days and 1 event every 3 months.
b)
No consignment goods may be offered for sale.
c)
Sales are conducted between the hours of 8:00 a.m. and 7:00 p.m.
d)
One sign per property frontage is allowed, maximum 6 square feet in size.
3.
Single family detached residential units in accordance with the bulk and area regulations specified in Section 708.04(H).
4.
Mobile retail food establishments shall be allowed on property zoned RA-6 according to the restrictions listed below:
a)
Written permission of the property owner is obtained.
b)
Such use does not last longer than 1 day and no more than 3 days annually.
c)
These uses are not located within any public right-of-way or City owned property, unless otherwise authorized by the City.
d)
Adequate paved parking, ingress and egress are provided on site.
e)
A temporary use permit is applied for and approved by the Director of the Department of Development Services.
f)
The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to mobile retail establishments; all such variance requests must be submitted to City Council. Variances for mobile food establishments shall be considered according to the criteria defined under Subsection 712.01(E).
D.
Special Uses Permitted by Board of Zoning Appeals. Not applicable in this district.
E.
Special Uses Permitted by City Council.
1.
Places of assembly, private parks and playgrounds, and neighborhood recreation centers or swimming pools, provided:
a)
Lighting shall be established in such a way that no direct light shall cast over any property line nor adversely affect neighboring properties.
b)
Any building or structure established in connection with such use must be setback no less than 75 feet from any property line.
c)
All pools must adhere to the standards of the Standard Swimming Pool Code, as amended (see standards set forth in Section 712.01).
2.
Home occupations—Type B (see standards set forth in Section 712.04).
3.
Party houses.
4.
Group homes consisting of 4 or more individuals (see standards set forth in Section 712.02).
F.
Accessory Structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least 10 feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
3.
No accessory building shall be constructed upon a lot before the principal building.
4.
Accessory structures greater than 15 feet in height, but less than 35 feet in height, must be set back at least 10 feet from the side property line, and must be set back from the rear property line a distance of 30 feet, or a distance equal to the height of the structure, whichever is less.
5.
The area of the accessory building's footprint may not exceed 50% that of the principal structure.
6.
Swimming pools must be enclosed by a fence not less than 4 feet in height with a self-closing, self-latching gate and must comply with all applicable safety and health ordinances.
7.
Heating and air conditioning units may encroach 5 feet into the required rear or side setback.
8.
Accessory structures utilizing canvas coverings, tarpaulins, sails, tents, or other nondurable materials, are considered temporary and are not permitted for long term use, as they do not meet the minimum requirements of the building code for an accessory structure. Such temporary accessory structures may only be utilized for a period not lasting longer than 14 days consecutively and 42 days annually.
G.
Use Limitations.
1.
No outside storage is permitted with residential uses, excluding firewood and lawn furnishings.
2.
All outside storage associated with nonresidential uses must be stored in a side or rear yard and screened from all streets and adjacent properties by a wood fence no less than 6 feet in height. The Director may approve the substitution of plantings for the required fence. Unenclosed carports and front porches may not be used for storing any materials other than firewood or recyclable materials within a city approved container.
3.
A satellite dish with a diameter of 24 inches and under may be attached to the side or rear of the principal structure and encroach 3 feet into the required setback. Larger satellite dishes shall be considered accessory structures (and therefore subject to the standards for same) that must be screened by fencing or vegetation in such a manner that they may not be seen from the public right-of-way. Installation of more than 1 satellite dish per structure requires prior approval from Planning and Zoning staff.
4.
Each dwelling unit may contain a maximum of 4 domesticated animals weighing 3 pounds or more. This standard shall not apply to animals less than 6 months of age. No livestock are permitted.
5.
Minimum parking provided shall be 2 spaces per dwelling unit. Such space shall be provided not more than 150 feet from the dwelling unit.
H.
Bulk and Area Regulations.
I.
Landscape and Buffer Requirements. When an RA-6 district abuts an R-1, R-2, R-3, R-4, PRD-SF (at an effective density of 6 units per acre), or RA-4, a 30-foot buffer shall be established. (see standards set forth in Section 710.05).
(Ord. No. 6534, 7/9/2003, § 6; Ord. No. 6737, 10/13/2004, § 2; Ord. No. 6855, 9/14/2005, § 2; Ord. No. 6988, 11/8/2006, § 2; Ord. No. 7156, 5/12/2008, §§ 11, 12; Ord. No. 7865, 1/13/2016, § 2; Ord. No. 7961, 6/14/2017, § 6; Ord. No. 8116, 9/11/2019, § 6; Ord. No. 8130, 12/11/2019, § 6; Ord. No. 8194, 11/11/2020, § 2; Ord. No. 8199, 12/9/2020, § 6; Ord. No. 8229, 7/14/2021, § 3; Ord. No. 8437, 2/12/2025, § 6)
708.07 - RA-8, Single-Family Residential—Attached.
A.
Purpose and Intent. The RA-8 district is intended to provide suitable areas for attached single-family housing designed in a manner so as to function as a singular and integrated land use. These districts may also serve as transitional zones between light commercial/office uses and districts reserved for lower density single-family uses.
B.
Permitted Uses.
1.
Triplexes and quadplexes.
2.
Fee simple townhouses, provided:
a)
For all developments containing 8 units or more, a mandatory homeowners association shall be created that will be responsible for the upkeep and maintenance of all front yards and common areas including all fencing, landscaping, amenities and buffers, and shall include architectural control oversights for the development.
b)
"Four-sided architecture" is required, such that architectural features and materials shall be used in a consistent manner on all sides of the residential units. Materials to be used on exterior facades of all buildings shall include brick, stone, stucco (not EFS type) or fiber-cement siding, or combinations of those materials. No vinyl, aluminum or metallic siding may be used.
c)
The townhouses shall be "for sale" only, and no more than 5% of all the townhouses within the residential development shall be allowed to be renter occupied at any time. A recital of this requirement shall be contained within the covenants to ensure enforcement. In addition, the homeowner's association or other governing body is hereby charged with the responsibility of enforcing this regulation on all homeowners and owners of lots and property in the development. The homeowner's association shall enforce this regulation to ensure compliance with city ordinances with both the initial owner of the property as well as all subsequent owners. Failure of the homeowner's association to require and achieve compliance may result in a civil penalty by the City of Marietta against the homeowner's association in the amount of $500.00.
d)
All townhouses shall have 2-car garages, and the parking pads/driveways in front of the garage shall be a minimum of 20 feet in length (measured from the back of sidewalk or back of curb when there is no sidewalk) in order to accommodate 2 additional cars. The garages shall be used for the parking and storage of vehicles and may not be enclosed to provide for additional residential space. A recital of this requirement shall be contained within the covenants to ensure enforcement.
e)
A guest parking area shall be required at a ratio of 0.2 spaces per dwelling unit.
f)
The development shall comply with all recommendations from the City of Marietta Public Works Department with respect to hydrology, stormwater management, downstream considerations and any donation and/or conveyance of right-of-way that is deemed necessary.
g)
A 150-foot acceleration lane and a 150-foot deceleration lane with appropriate tapers shall be constructed if required by the Public Works Department.
h)
A recreation area shall be provided at a ratio of 1 acre per 50 units (or a proportional percentage thereof) with a minimum of 10,000 square feet provided. Such area shall be developed with at least 1 passive recreational feature, such as a pavilion, gazebo or picnic area, and at least 1 active recreational feature, such as a walking trail, swimming pool, playground or tennis courts. Active recreational areas must be outside of any floodplain area and located in such a manner that at least 75% of the townhouses are within 300 feet, as measured from the building footprints. Any recreation area, whether passive or active, must be located in an area with a slope of less than 15%, however, all recreation areas must meet ADA requirements for accessibility. Active recreational areas must be improved through the use of terracing or other techniques to provide a usable area, such that at least 25% of the entire recreational area shall have a slope of no greater than 3%.
3.
Group homes consisting of 3 or fewer individuals, exclusive of resident staff (see standards set forth in Section 712.02).
4.
Accessory uses and structures incidental to any legal permitted use.
C.
Temporary/Conditional Uses Allowed by the Director.
1.
Limited home occupations (see standards set forth in Section 712.04).
2.
Garage sales, provided:
a)
Limited to 3 consecutive days and 1 event every 3 months.
b)
No consignment goods may be offered for sale.
c)
Sales are conducted between the hours of 8:00 a.m. and 7:00 p.m.
d)
One sign per property frontage is allowed, maximum 6 square feet in size.
3.
Single family detached residential units in accordance with the bulk and area regulations specified in Section 708.04(H).
4.
Mobile retail food establishments shall be allowed on property zoned RA-8 according to the restrictions listed below:
a)
Written permission of the property owner is obtained.
b)
Such use does not last longer than 1 day and no more than 3 days annually.
c)
These uses are not located within any public right-of-way or City owned property, unless otherwise authorized by the City.
d)
Adequate paved parking, ingress and egress are provided on site.
e)
A temporary use permit is applied for and approved by the Director of the Department of Development Services.
f)
The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to mobile retail establishments; all such variance requests must be submitted to City Council. Variances for mobile food establishments shall be considered according to the criteria defined under Subsection 712.01(E).
D.
Special Uses Permitted by Board of Zoning Appeals. Not applicable in this district.
E.
Special Uses Permitted by City Council.
1.
Places of assembly, private parks and playgrounds, and neighborhood recreation centers or swimming pools, provided:
a)
Lighting shall be established in such a way that no direct light shall cast over any property line nor adversely affect neighboring properties.
b)
Any building or structure established in connection with such use must be setback no less than 75 feet from any property line.
c)
All pools must adhere to the standards of the Standard Swimming Pool Code, as amended (see standards set forth in Section 712.01).
2.
Home occupations—Type B (see standards set forth in Section 712.04).
3.
Party houses.
4.
Group homes consisting of 4 or more individuals (see standards set forth in Section 712.02).
F.
Accessory Structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least 10 feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
3.
No accessory building shall be constructed upon a lot before the principal building.
4.
Accessory structures greater than 15 feet in height, but less than 35 feet in height, must be set back at least 10 feet from the side property line, and must be set back from the rear property line a distance of 30 feet, or a distance equal to the height of the structure, whichever is less.
5.
The area of the accessory building's footprint may not exceed 50% that of the principal structure.
6.
Swimming pools must be enclosed by a fence not less than 4 feet in height with a self-closing, self-latching gate and must comply with all applicable safety and health ordinances.
7.
Heating and air conditioning units may encroach 5 feet into the required rear or side setback.
8.
Accessory structures utilizing canvas coverings, tarpaulins, sails, tents, or other nondurable materials, are considered temporary and are not permitted for long term use, as they do not meet the minimum requirements of the building code for an accessory structure. Such temporary accessory structures may only be utilized for a period not lasting longer than 14 days consecutively and 42 days annually.
G.
Use Limitations.
1.
No outside storage is permitted with residential uses, excluding firewood and lawn furnishings.
2.
All outside storage associated with nonresidential uses must be stored in a side or rear yard and screened from all streets and adjacent properties by a wood fence no less than 6 feet in height. The Director may approve the substitution of plantings for the required fence. Unenclosed carports and front porches may not be used for storing any materials other than firewood or recyclable materials within a city approved container.
3.
A satellite dish with a diameter of 24 inches and under may be attached to the side or rear of the principal structure and encroach 3 feet into the required setback. Larger satellite dishes shall be considered accessory structures (and therefore subject to the standards for same) that must be screened by fencing or vegetation in such a manner that they may not be seen from the public right-of-way. Installation of more than 1 satellite dish per structure requires prior approval from Planning and Zoning staff.
4.
Each dwelling unit may contain a maximum of 4 domesticated animals weighing 3 pounds or more. This standard shall not apply to animals less than 6 months of age. No livestock are permitted.
5.
Minimum parking provided shall be 2 spaces per dwelling unit. Such space shall be provided not more than 150 feet from the dwelling unit.
H.
Bulk and Area Regulations.
I.
Landscape and Buffer Requirements. When an RA-8 district abuts an R-1, R-2, R-3, R-4, PRD-SF (at an effective density of 8 units per acre), RA-4 or RA-6, a 30-foot buffer shall be established. (see standards set forth in Section 710.05).
(Ord. No. 6534, 7/9/2003, § 7; Ord. No. 6737, 10/13/2004, § 3; Ord. No. 6855, 9/14/2005, § 3; Ord. No. 6988, 11/8/2006, § 3; Ord. No. 7156, 5/12/2008, §§ 13, 14; Ord. No. 7865, 1/13/2016, § 3; Ord. No. 7961, 6/14/2017, § 7; Ord. No. 8116, 9/11/2019, § 7; Ord. No. 8130, 12/11/2019, § 7; Ord. No. 8194, 11/11/2020, § 3; Ord. No. 8199, 12/9/2020, § 7; Ord. No. 8229, 7/14/2021, § 4; Ord. No. 8437, 2/12/2025, § 7)
708.08 - MHP, Mobile Home Park.
A.
Purpose and Intent. The MHP district is intended to provide suitable areas for mobile home parks and subdivisions designed in a compatible and complementary manner so as to function as a singular and integrated land use.
B.
Permitted Uses.
1.
Mobile home parks and subdivisions.
2.
Accessory uses and structures incidental to any legal permitted use.
C.
Temporary/Conditional Uses Allowed by the Director.
1.
Limited home occupations (see standards set forth in Section 712.04).
2.
Garage sales, provided:
a)
Limited to 3 consecutive days and 1 event every 3 months.
b)
No consignment goods may be offered for sale.
c)
Sales are conducted between the hours of 8:00 a.m. and 7:00 p.m.
d)
One sign per property frontage is allowed, maximum 6 square feet in size.
3.
Mobile retail food establishments shall be allowed on property zoned MHP according to the restrictions listed below:
a)
Written permission of the property owner is obtained.
b)
Such use does not last longer than 1 day and no more than 3 days annually.
c)
These uses are not located within any public right-of-way or City owned property, unless otherwise authorized by the City.
d)
Adequate paved parking, ingress and egress are provided on site.
e)
A temporary use permit is applied for and approved by the Director of the Department of Development Services.
f)
The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to mobile retail establishments; all such variance requests must be submitted to City Council. Variances for mobile food establishments shall be considered according to the criteria defined under Subsection 712.01(E).
D.
Special Uses Permitted by Board of Zoning Appeals.
1.
Not applicable in this district.
E.
Special Uses Permitted by City Council.
1.
Places of assembly, private parks and playgrounds, and neighborhood recreation centers or swimming pools, provided:
a)
Lighting shall be established in such a way that no direct light shall cast over any property line nor adversely affect neighboring properties.
b)
Any building or structure established in connection with such use must be setback no less than 75 feet from any property line.
c)
All pools must adhere to the standards of the Standard Swimming Pool Code, as amended (see standards set forth in Section 712.01).
2.
Home occupations—Type B (see standards set forth in Section 712.04).
3.
Party houses.
F.
Accessory Structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least 10 feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
When an accessory structure is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
3.
No accessory building shall be constructed upon a lot before the principal building.
4.
No accessory structure may exceed the more restrictive of either 15 feet or the height of the principal building.
5.
Swimming pools must be enclosed by a fence not less than 4 feet in height with a self-closing, self-latching gate and must comply with all applicable safety and health ordinances.
6.
Accessory structures utilizing canvas coverings, tarpaulins, sails, tents, or other nondurable materials, are considered temporary and are not permitted for long term use, as they do not meet the minimum requirements of the building code for an accessory structure. Such temporary accessory structures may only be utilized for a period not lasting longer than 14 days consecutively and 42 days annually.
G.
Use Limitations.
1.
No outside storage is permitted with residential uses, excluding firewood and lawn furnishings. Unenclosed carports and front porches may not be used for storing any materials other than firewood or recyclable materials within a City-approved container.
2.
No unit may have direct access to an arterial or collector street outside the development.
3.
No part of a mobile home park shall be used for nonresidential purposes, except accessory uses that are required for the direct servicing and well-being of the residents and management.
4.
All park ingress and egress roads shall extend for at least 100 feet into the development with no parking and no access to or egress from mobile home lots.
5.
All homes within the development shall be set back not less than 50 feet from the property line of such development, and not less than 200 feet from property zoned for residential purposes.
6.
All structures must be constructed in conformity with all federal and state standards in effect on the date of manufacture.
7.
Each dwelling unit may contain a maximum of 4 domesticated animals weighing 3 pounds or more. This standard shall not apply to animals less than 6 months of age. No livestock are permitted.
8.
Each mobile home shall be located on a lot which meets the following standards:
a)
Each lot shall front on a private street having a pavement width of not less than 20 feet.
b)
Each lot shall not be less than 50 feet wide and 80 feet deep.
c)
A mobile home stand shall be located on each lot for placement of the mobile home and its appurtenant structures including tiedown. The stand shall provide for the retention of the mobile home on the lot in a stable condition. All mobile homes shall use tiedowns and underpins.
d)
Each lot shall have rear, side and front yard setbacks of no less than 10 feet each, but in no case shall the distance between mobile home stands on opposite sides of the street be less than 40 feet.
H.
Bulk and Area Regulations.
I.
Landscape and Buffer Requirements. When a MHP district abuts an R-1, R-2, R-3, R-4, PRD-SF, RA-4, RA-6, RA-8, RM-8, RM-10, or RM-12 district, a 30-foot buffer shall be established (see standards set forth in Section 710.05).
(Ord. No. 6534, 7/9/2003, § 8; Ord. No. 6737, 10/13/2004, § 4; Ord. No. 7156, 5/12/2008, §§ 15, 16; Ord. No. 7961, 6/14/2017, § 8; Ord. No. 8116, 9/11/2019, § 8; Ord. No. 8130, 12/11/2019, § 8; Ord. No. 8437, 2/12/2025, § 8)
708.09 - PRD (SF), Planned Residential Development.
A.
Purpose and Intent. The PRD (SF) district is intended to allow flexible site planning and building arrangements under a unified plan of development so that innovative land planning methods may be utilized which foster natural resource conservation and neighborhood cohesiveness as well as neo-traditional developments. This may permit buildings to be clustered or arranged in an unconventional manner to maximize open space, create a pedestrian scale and other public benefits. Buildings must be designed and constructed so as to meet the definition of 4-sided architecture, as defined in Section 724.02. In this district smaller lots than might otherwise be permitted under traditional zoning districts may be allowed; however, the purpose is not merely to allow smaller lots or reduce development requirements but to achieve other goals including the protection of sensitive environmental, historic, or aesthetic resources as well as the provision of site amenities such as parks, open space, walking trails, etc. The PRD district is not intended to encourage greater density of development, but rather to encourage ingenuity and resourcefulness in land planning techniques which result in quality residential patterns that conserve and create open space, reduce vehicle trips and provide stable developments which enhance the surrounding area.
B.
Permitted Uses.
1.
Single-family detached dwellings and single-family attached dwellings, provided:
a)
A mandatory homeowners association shall be created that will be responsible for the upkeep and maintenance of all front yards and common areas including all fencing, landscaping, amenities and buffers, and shall include architectural control oversights for the development.
b)
"Four-sided architecture" is required, such that architectural features and materials shall be used in a consistent manner on all sides of the residential units. Materials to be used on exterior facades of all buildings shall include brick, stone, stucco (not EFS type) or fiber-cement siding, or combinations of those materials. No vinyl, aluminum or metallic siding may be used.
c)
The houses and/or townhouses shall be "for sale" only, and no more than 5% of all the units within the residential development shall be allowed to be renter occupied at any time. A recital of this requirement shall be contained within the covenants to ensure enforcement. In addition, the homeowner's association or other governing body is hereby charged with the responsibility of enforcing this regulation on all homeowners and owners of lots and property in the development. The homeowner's association shall enforce this regulation to ensure compliance with City ordinances with both the initial owner of the property as well as all subsequent owners. Failure of the homeowner's association to require and achieve compliance may result in a penalty by the City of Marietta against the homeowner's association in the amount of $500.00.
d)
All houses and/or townhouses shall have 2-car garages, and the parking pads/driveway in front of the garage shall be a minimum of 20 feet in length (measured from the back of sidewalk or back of curb when there is no sidewalk) in order to accommodate 2 additional cars. The garages shall be used for the parking and storage of vehicles and may not be enclosed to provide for additional residential space. A recital of this requirement shall be contained within the covenants to ensure enforcement.
e)
A guest parking area shall be provided at a ratio of 0.2 spaces per dwelling unit.
f)
The development shall comply with all recommendations from the City of Marietta Public Works Department with respect to hydrology, stormwater management, downstream considerations and any donation and/or conveyance of right-of-way that is deemed necessary.
g)
A 150-foot acceleration lane and a 150-foot deceleration lane with appropriate tapers shall be constructed, if required by the Public Works Department.
h)
A recreation area shall be provided at a ratio of 1 acre per 50 units (or a proportional percentage thereof) with a minimum of 10,000 square feet provided. Such area shall be developed with at least 1 passive recreational feature, such as a pavilion, gazebo or picnic area, and at least 1 active recreational feature, such as a walking trail, swimming pool, playground or tennis courts.
Active recreational areas must be outside of any floodplain area and located in such a manner that at least 75% of the units are within 300 feet, as measured from the building footprints. Any recreation area, whether passive or active, must be located in an area with a slope of less than 15%; however, all recreation areas must meet ADA requirements for accessibility. Active recreational areas must be improved through the use of terracing or other techniques to provide a usable area, such that at least 25% of the entire recreational area shall have a slope of no greater than 3%.
i)
Group homes consisting of 3 or fewer individuals, exclusive of resident staff (see standards set forth in Section 712.02).
j)
Accessory uses and structures incidental to any permitted use.
C.
Temporary/Conditional Uses Allowed by Director.
1.
Limited home occupations (see standards set forth in Section 712.04).
2.
Garage sales, provided:
a)
Limited to 3 consecutive days and 1 event every 3 months.
b)
No consignment goods may be offered for sale.
c)
Sales are conducted between the hours of 8:00 a.m. and 7:00 p.m.
d)
One sign per property frontage is allowed, maximum 6 square feet in size.
3.
Mobile retail food establishment shall be allowed on property zoned PRD-SF according to the restrictions listed below:
a)
Written permission of the property owner is obtained.
b)
Such use does not last longer than 1 day and no more than 3 days annually.
c)
These uses are not located within any public right-of-way or City owned property, unless otherwise authorized by the City.
d)
Adequate paved parking, ingress and egress are provided on site.
e)
A temporary use permit is applied for and approved by the Director of the Department of Development Services.
f)
The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to mobile retail establishments; all such variance requests must be submitted to City Council. Variances for mobile food establishments shall be considered according to the criteria defined under Subsection 712.01(E).
D.
Special Uses Permitted by Board of Zoning Appeals. Not applicable in this district.
E.
Special Uses Permitted by City Council
1.
Places of assembly, private parks and playgrounds, and neighborhood recreation centers or swimming pools not originally included and approved as part of a general plan or detailed plan associated with a rezoning, provided:
a)
Lighting shall be established in such a way that no direct light shall cast over any property line nor adversely affect neighboring properties.
b)
Any building or structure established in connection with such use must be set back no less than 75 feet from any property line.
c)
All pools must adhere to the standards of the Standard Swimming Pool Code, as amended.
2.
Home occupations—Type B (see standards set forth in Section 712.04).
3.
Party houses.
4.
Group homes consisting of 4 or more individuals (see standards set forth in Section 712.02).
F.
Accessory Structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least 10 feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
3.
No accessory building shall be constructed upon a lot before the principal building.
4.
No accessory structure may exceed the height of the principal building.
5.
The area of the accessory building's footprint may not exceed 50% that of the principal structure.
6.
Accessory structures utilizing canvas coverings, tarpaulins, sails, tents, or other nondurable materials, are considered temporary and are not permitted for long term use, as they do not meet the minimum requirements of the building code for an accessory structure. Such temporary accessory structures may only be utilized for a period not lasting longer than 14 days consecutively and 42 days annually.
G.
Use Limitations.
1.
No outside storage is permitted with residential uses, excluding firewood and lawn furnishings.
2.
All outside storage associated with nonresidential uses must be stored in a side or rear yard and screened from all streets and adjacent properties by a wood fence no less than 6 feet in height. The Director may approve the substitution of plantings for the required fence. Unenclosed carports and front porches may not be used for storing any materials other than firewood or recyclable materials within a City approved container.
3.
A satellite dish with a diameter of 24 inches and under may be attached to the side or rear of the principal structure and encroach 3 feet into the required setback. Larger satellite dishes shall be considered accessory structures (and therefore subject to the standards for same) that must be screened by fencing or vegetation in such a manner that they may not be seen from the public right-of-way. Installation of more than 1 satellite dish per structure requires prior approval from Planning and Zoning staff.
4.
Each dwelling unit may contain a maximum of 4 domesticated animals weighing 3 pounds or more. This standard shall not apply to animals less than 6 months of age. No livestock are permitted.
H.
Bulk and Area Regulations. All PRD districts shall meet the following general development standards:
I.
Landscape and Buffer Requirements. Not applicable in this district.
J.
Procedure for Establishment of Planned Development District.
1.
General Plan Filed. The owner or owners of the entire tract of land proposed to be included in the planned development districts shall file a general plan with a request for a change in zoning with the Planning Commission for consideration and referral to the City Council for recommendation. Said plan shall be submitted electronically to City staff in a digital format which meets or exceeds City standards and shall contain such information and representations required or deemed necessary by the City Council, Planning Commission and Public Works Director to permit proper review. Such information and representations must include, but is not limited to, the following:
a)
A statement describing why standard zoning districts are insufficient and how the proposed development conforms to those parameters and ideals set forth in the "Intent and Purpose" element of this district.
b)
The general method of development and operation of the proposed general plan.
c)
The boundaries of the tract of land included in the general plan, the computed area and the legal description thereof, the topography and other salient features of the tract by reference to a plat of survey prepared by a licensed land surveyor.
d)
The location and extent of existing and proposed public rights-of-way, easements and water and drainage courses bounding and within the tract included in the general plan by reference to a plan or drawing.
e)
The location and type of existing buildings and structures proposed to be retained or removed by reference to a plan or drawing.
f)
The general location of proposed buildings by reference to a plan or drawing and an indication of the use to be made of each building.
g)
Dwelling unit density as defined in Section 724.02.
h)
Minimum standards for lot development including setbacks, distances between buildings and house sizes.
i)
Architectural, facade or material requirements.
j)
The maximum floor area designated for each use.
k)
The percentage of development maintained as open space and/or recreation areas and impervious surfaces.
l)
Preliminary tree protection plan and screening standards.
m)
Public transportation facilities or provisions (if any).
2.
Plan Reviewed. Said plan shall be reviewed by the Planning Commission and a determination made as to whether the proposed plan is consistent with the intent and standards of this district and whether the development of the tract serves the public welfare. Such determination shall be made after an analysis prepared by the Department of Development Services. Said analysis shall include, but is not limited to, the availability of public access and utilities to the tract, neighboring property uses, and the effect on the efficient delivery of City services. A recommendation by the Planning Commission relating to the proposed plan shall be transmitted to the City Council.
3.
Council Approval. The City Council, upon receiving the recommendation of the Planning Commission relating to a planned development proposal, shall proceed in accordance with the requirements of law to consider amendment of the zoning map. In the event the City Council approves the general plan and changes the zoning by passing the required amendments to the zoning map, the requirements of the plan shall constitute the zoning regulations for the district and the zoning maps shall be amended.
4.
Detailed Plan Filed. Prior to the installation of subdivision improvements, a detailed plan shall be reviewed and approved by the Mayor and Council. Detailed plans shall follow the procedures described in Section 728.04, preliminary plat and detailed plan application procedures. If approved, site development shall not be permitted in any segment of said tract until site development plans for the proposed improvements, prepared in accordance with Division 728.06, have been approved by City staff. The detailed plan shall include, but is not limited to, the following:
a)
The location and extent of public rights-of-way, easements and water and drainage courses bounding and within the tract included in the general plan by reference to a plan or drawing.
b)
Minimum standards for lot development.
c)
Open space and recreation area provisions (active and passive).
d)
Data requirements listed in Section 728.05.
e)
Detailed landscaping plan.
f)
Detailed architectural elevations of the proposed buildings. Buildings must be designed and constructed so as to meet the definition of 4-sided architecture, as defined in Section 724.02.
5.
Plan Amendments. Pursuant to the same procedures and subject to the same limitations by which plans were approved and amendments to the Official Zoning Map adopted, such plans may be amended in whole or in part. Minor changes in use and intensity of use may not require an amendment to the general plan and may be submitted for approval in conjunction with the detailed plan.
(Ord. No. 5903, 10/14/98, § 1; Ord. No. 6051, 10/13/99, § 1; Ord. No. 6855, 9/14/2005, § 4; Ord. No. 7111, 11/19/2007, § 1; Ord. No. 7156, 5/12/2008, §§ 17, 18; Ord. No. 7961, 6/14/2017, § 9; Ord. No. 8116, 9/11/2019, § 9; Ord. No. 8130, 12/11/2019, § 9; Ord. No. 8131, 12/11/2019, § 9; Ord. No. 8194, 11/11/2020, § 4; Ord. No. 8199, 12/9/2020, § 8; Ord. No. 8229, 7/14/2021, § 5; Ord. No. 8414, 11/13/2024, § 1; Ord. No. 8437, 2/12/2025, § 9; Ord. No. 8448, 4/9/2025, § 1)
708.10 - RM-8, Multifamily Residential (8 units/acre).
A.
Purpose and Intent. The RM-8 district is intended to provide suitable areas for multifamily housing designed in a compatible and complementary manner so as to function as a singular and integrated land use. This zoning district may serve as a transitional zone between commercial/office uses and residential districts of a lesser intensity.
B.
Permitted Uses.
1.
Condominiums and townhouses, provided:
a)
For all developments containing 8 units or more, a mandatory homeowners association shall be created that will be responsible for the upkeep and maintenance of all front yards and common areas including all fencing, landscaping, amenities and buffers, and shall include architectural control oversights for the development.
b)
"Four-sided architecture" is required, such that architectural features and materials shall be used in a consistent manner on all sides of the residential units. Materials to be used on exterior façades of all buildings shall include brick, stone, stucco (not EFS type) or fiber-cement siding, or combinations of those materials. No vinyl, aluminum or metallic siding may be used.
c)
The condominiums and townhouses shall be "for sale" only, and no more than 5% of all the homes within the residential development shall be allowed to be renter occupied at any time. A recital of this requirement shall be contained within the Covenants to ensure enforcement. In addition, the homeowner's association or other governing body is hereby charged with the responsibility of enforcing this regulation on all homeowners and owners of lots and property in the development. The homeowner's association shall enforce this regulation to ensure compliance with city ordinances with both the initial owner of the property as well as all subsequent owners. Failure of the homeowner's association to require and achieve compliance may result in a civil penalty by the City of Marietta against the homeowner's association in the amount of $500.00.
d)
The development shall be constructed and governed in conformity with the requirements of the Georgia Condominium Act (O.C.G.A. § 44-3-70, et seq.). A declaration of condominium shall be submitted and recorded in compliance of this act.
e)
All condominiums and townhouses shall have 2-car garages, and the parking pads/driveways in front of the garage shall be a minimum of 20 feet in length (measured from the back of sidewalk or back of curb when there is no sidewalk) in order to accommodate 2 additional cars. The garages shall be used for the parking and storage of vehicles and may not be enclosed to provide for additional residential space. A recital of this requirement shall be contained within the Covenants to ensure enforcement.
f)
A guest parking area shall be required at a ratio of 0.2 spaces per dwelling unit.
g)
The development shall comply with all recommendations from the City of Marietta Public Works Department with respect to hydrology, stormwater management, down stream considerations and any donation and/or conveyance of right-of-way that is deemed necessary.
h)
A 150-foot acceleration lane and a 150-foot deceleration lane with appropriate tapers shall be constructed if required by the Public Works Department.
i)
A recreation area shall be provided at a ratio of 1 acre per 50 units (or a proportional percentage thereof) with a minimum of 10,000 square feet provided. Such area shall be developed with at least 1 passive recreational feature, such as a pavilion, gazebo or picnic area, and at least 1 active recreational feature, such as a walking trail, swimming pool, playground or tennis courts. Active recreational areas must be outside of any floodplain area and located in such a manner that at least 75% of the townhouses are within 300 feet, as measured from the building footprints. Any recreation area, whether passive or active, must be located in an area with a slope of less than 15%, however, all recreation areas must meet ADA requirements for accessibility. Active recreational areas must be improved through the use of terracing or other techniques to provide a usable area, such that at least 25% of the entire recreational area shall have a slope of no greater than 3%.
2.
Multi-family dwelling units.
3.
Group homes, limited to 1 bed per 250 gross square feet of heated building space. Operator must obtain all necessary state certifications.
4.
Fraternity and sorority houses and residence halls.
5.
Accessory uses and structures incidental to any legal permitted use.
C.
Temporary/Conditional Uses Allowed by the Director.
1.
Limited home occupations (see standards set forth in Section 712.04).
2.
Single-family detached residential units in accordance with the bulk and area regulations specified in Section 708.04(H).
3.
Mobile retail food establishments shall be allowed on property zoned RM-8 according to the restrictions listed below:
a)
Written permission of the property owner is obtained.
b)
Such use does not last longer than 1 day and no more than 3 days annually.
c)
These uses are not located within any public right-of-way or City owned property, unless otherwise authorized by the City.
d)
Adequate paved parking, ingress and egress are provided on site.
e)
A temporary use permit is applied for and approved by the Director of the Department of Development Services.
f)
The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to mobile retail establishments; all such variance requests must be submitted to City Council. Variances for mobile food establishments shall be considered according to the criteria defined under Subsection 712.01(E).
D.
Special Uses Permitted by Board of Zoning Appeals. Not applicable in this district.
E.
Special Uses Permitted by City Council.
1.
Halfway houses (see standards set forth in Section 712.02).
a)
The structure meets all aspects of the Standard Housing Code including minimum dwelling space requirements.
b)
The operator obtains certification from the appropriate state licensing body.
c)
No other such facility is located within 1,000 feet as measured from property line to property line.
2.
Party houses.
3.
Places of assembly, private parks and playgrounds, and neighborhood recreation centers or swimming pools, provided:
a)
Lighting shall be established in such a way that no direct light shall cast over any property line nor adversely affect neighboring properties.
b)
Any building or structure established in connection with such use must be setback no less than 75 feet from any property line.
c)
All pools must adhere to the standards of the Standard Swimming Pool Code, as amended (see standards set forth in Section 712.01).
F.
Accessory Structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least 10 feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
3.
No accessory building shall be constructed upon a lot before the principal building.
4.
No accessory structure may exceed the mean height of the principal building.
5.
Swimming pools must be enclosed by a fence not less than 4 feet in height with a self-closing, self-latching gate and must comply with all applicable safety and health ordinances.
6.
Heating and air conditioning units may encroach 5 feet into the required rear or side setback.
7.
Accessory structures utilizing canvas coverings, tarpaulins, sails, tents, or other nondurable materials, are considered temporary and are not permitted for long term use, as they do not meet the minimum requirements of the building code for an accessory structure. Such temporary accessory structures may only be utilized for a period not lasting longer than 14 days consecutively and 42 days annually.
G.
Use Limitations.
1.
All outside storage associated with nonresidential uses must be stored in a side or rear yard and screened from all streets and adjacent properties by an opaque fence no less than 6 feet in height. The Director may approve the substitution of plantings for the required fence. Storage of portable sanitation units, portable chemical toilets or any other container intended to hold human waste is prohibited. Unenclosed carports and front porches may not be used for storing any materials other than firewood or recyclable materials within a city approved container.
2.
Buildings must be separated by at least 60 feet unless a side face is involved in which case the buildings shall be separated by no less than 40 feet.
3.
No building may exceed 250 feet in length.
4.
No unit or building may have direct access to an arterial or collector street outside the development.
5.
A recreation area must be provided at a ratio of 1 acre per 50 units (or a proportional percentage thereof) with a minimum of 10,000 square feet provided. Such area may serve as open space and/or developed for recreational purposes such as pools or basketball and tennis courts. Non-passive recreational areas must be located in such a manner that at least 75% of the units are within 300 feet, as measured from building footprints.
6.
Common on-site parking areas shall be located not more than 200 feet from the dwelling units served. No more than 25% of the required parking may be provided within the front yard or setback.
7.
When over 50% of the required parking is provided underground, a density bonus of 2 dwelling units per acre shall be allowed.
8.
Each dwelling unit may contain a maximum of 4 domesticated animals weighing 3 pounds or more. This standard shall not apply to animals less than 6 months of age. No livestock are permitted.
9.
Apartment complexes which convert to condominium use must file a new final plat and meet all requirements of the Public Works and Fire Departments.
H.
Bulk and Area Regulations.
I.
Landscape and Buffer Requirements. When an RM-8 district abuts an R-1, R-2, R-3, R-4, PRD-SF, RA-4, RA-6, or RA-8 district or use, a 30-foot buffer shall be established (see standards set forth in Section 710.05).
(Ord. No. 6186, 11/8/2000, § 1; Ord. No. 6534, 7/9/2003, § 9; Ord. No. 6737, 10/13/2004, § 5; Ord. No. 6753, 11/10/2004, § 5; Ord. No. 6855, 9/14/2005, § 5; Ord. No. 7156, 5/12/2008, §§ 19, 20; Ord. No. 8116, 9/11/2019, § 10; Ord. No. 8130, 12/11/2019, § 10; Ord. No. 8194, 11/11/2020, § 5; Ord. No. 8199, 12/9/2020, § 9; Ord. No. 8251, 1/12/2022, § 1; Ord. No. 8437, 2/12/2025, § 10)
708.11 - RM-10, Multifamily Residential (10 units/acre).
A.
Purpose and Intent. The RM-10 district is intended to provide suitable areas for multifamily housing designed in a compatible and complementary manner so as to function as a singular and integrated land use. This zoning district may serve as a transitional zone between commercial/office uses and residential districts of a lesser intensity.
B.
Permitted Uses.
1.
Condominiums and townhouses, provided:
a)
For all developments containing 8 units or more, a mandatory homeowners association shall be created that will be responsible for the upkeep and maintenance of all front yards and common areas including all fencing, landscaping, amenities and buffers, and shall include architectural control oversights for the development.
b)
"Four-sided architecture" is required, such that architectural features and materials shall be used in a consistent manner on all sides of the residential units. Materials to be used on exterior façades of all buildings shall include brick, stone, stucco (not EFS type) or fiber-cement siding, or combinations of those materials. No vinyl, aluminum or metallic siding may be used.
c)
The condominiums and townhouses shall be "for sale" only, and no more than 5% of all the homes within the residential development shall be allowed to be renter occupied at any time. A recital of this requirement shall be contained within the Covenants to ensure enforcement. In addition, the homeowner's association or other governing body is hereby charged with the responsibility of enforcing this regulation on all homeowners and owners of lots and property in the development. The homeowner's association shall enforce this regulation to ensure compliance with city ordinances with both the initial owner of the property as well as all subsequent owners. Failure of the homeowner's association to require and achieve compliance may result in a civil penalty by the City of Marietta against the homeowner's association in the amount of $500.00.
d)
The development shall be constructed and governed in conformity with the requirements of the Georgia Condominium Act (O.C.G.A. § 44-3-70, et seq.). A declaration of condominium shall be submitted and recorded in compliance of this act.
e)
All condominiums and townhouses shall have 2-car garages, and the parking pads/driveways in front of the garage shall be a minimum of 20 feet in length (measured from the back of sidewalk or back of curb when there is no sidewalk) in order to accommodate 2 additional cars. The garages shall be used for the parking and storage of vehicles and may not be enclosed to provide for additional residential space. A recital of this requirement shall be contained within the Covenants to ensure enforcement.
f)
A guest parking area shall be required at a ratio of 0.2 spaces per dwelling unit.
g)
The development shall comply with all recommendations from the City of Marietta Public Works Department with respect to hydrology, stormwater management, down stream considerations and any donation and/or conveyance of right-of-way that is deemed necessary.
h)
A 150-foot acceleration lane and a 150-foot deceleration lane with appropriate tapers shall be constructed, if required by the Public Works Department.
i)
A recreation area shall be provided at a ratio of 1 acre per 50 units (or a proportional percentage thereof) with a minimum of 10,000 square feet provided. Such area shall be developed with at least 1 passive recreational feature, such as a pavilion, gazebo or picnic area, and at least 1 active recreational feature, such as a walking trail, swimming pool, playground or tennis courts. Active recreational areas must be outside of any floodplain area and located in such a manner that at least 75% of the townhomes are within 300 feet, as measured from the building footprints. Any recreation area, whether passive or active, must be located in an area with a slope of less than 15%, however, all recreation areas must meet ADA requirements for accessibility. Active recreational areas must be improved through the use of terracing or other techniques to provide a usable area, such that at least 25% of the entire recreational area shall have a slope of no greater than 3%.
2.
Multi-family dwelling units.
3.
Group homes, limited to 1 bed per 250 gross square feet of heated building space. Operator must obtain all necessary state certifications.
4.
Fraternity and sorority houses and residence halls.
5.
Accessory uses and structures incidental to any legal permitted use.
C.
Temporary/Conditional Uses Allowed by the Director.
1.
Limited home occupations (see standards set forth in Section 712.04).
2.
Single-family detached residential units in accordance with the bulk and area regulations specified in Section 708.04(H).
3.
Mobile retail food establishments shall be allowed on property zoned RM-10 according to the restrictions listed below:
a)
Written permission of the property owner is obtained.
b)
Such use does not last longer than 1 day and no more than 3 days annually.
c)
These uses are not located within any public right-of-way or City owned property, unless otherwise authorized by the City.
d)
Adequate paved parking, ingress and egress are provided on site.
e)
A temporary use permit is applied for and approved by the Director of the Department of Development Services.
f)
The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to mobile retail establishments; all such variance requests must be submitted to City Council. Variances for mobile food establishments shall be considered according to the criteria defined under Subsection 712.01(E).
D.
Special Uses Permitted by Board of Zoning Appeals. Not applicable in this district.
E.
Special Uses Permitted by City Council.
1.
Halfway houses (see standards set forth in Section 712.02).
a)
The structure meets all aspects of the Standard Housing Code including minimum dwelling space requirements.
b)
The operator obtains certification from the appropriate state licensing body.
c)
No other such facility is located within 1,000 feet as measured from property line to property line.
2.
Party houses.
3.
Places of assembly, private parks and playgrounds, and neighborhood recreation centers or swimming pools, provided:
a)
Lighting shall be established in such a way that no direct light shall cast over any property line nor adversely affect neighboring properties.
b)
Any building or structure established in connection with such use must be setback no less than 75 feet from any property line.
c)
All pools must adhere to the standards of the Standard Swimming Pool Code, as amended (see standards set forth in Section 712.01).
F.
Accessory Structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least 10 feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
3.
No accessory building shall be constructed upon a lot before the principal building.
4.
No accessory structure may exceed the mean height of the principal building.
5.
Swimming pools must be enclosed by a fence not less than 4 feet in height with a self-closing, self-latching gate and must comply with all applicable safety and health ordinances.
6.
Heating and air conditioning units may encroach 5 feet into the required rear or side setback.
7.
Accessory structures utilizing canvas coverings, tarpaulins, sails, tents, or other nondurable materials, are considered temporary and are not permitted for long term use, as they do not meet the minimum requirements of the building code for an accessory structure. Such temporary accessory structures may only be utilized for a period not lasting longer than 14 days consecutively and 42 days annually.
G.
Use Limitations.
1.
All outside storage associated with nonresidential uses must be stored in a side or rear yard and screened from all streets and adjacent properties by an opaque fence no less than 6 feet in height. The Director may approve the substitution of plantings for the required fence. Storage of portable sanitation units, portable chemical toilets or any other container intended to hold human waste is prohibited. Unenclosed carports and front porches may not be used for storing any materials other than firewood or recyclable materials within a city approved container.
2.
Buildings must be separated by at least 60 feet unless a side face is involved in which case the buildings shall be separated by no less than 40 feet.
3.
No building may exceed 250 feet in length.
4.
No unit or building may have direct access to an arterial or collector street outside the development.
5.
A recreation area must be provided at a ratio of 1 acre per 50 units (or a proportional percentage thereof) with a minimum of 10,000 square feet provided. Such area may serve as open space and/or developed for recreational purposes such as pools or basketball and tennis courts. Non-passive recreational areas must be located in such a manner that at least 75% of the units are within 300 feet, as measured from building footprints.
6.
Common on-site parking areas shall be located not more than 200 feet from the dwelling units served. No more than 25% of the required parking may be provided within the front yard or setback.
7.
When over 50% of the required parking is provided underground, a density bonus of 2 dwelling units per acre shall be allowed.
8.
Each dwelling unit may contain a maximum of 4 domesticated animals weighing 3 pounds or more. This standard shall not apply to animals less than 6 months of age. No livestock are permitted.
9.
Apartment complexes which convert to condominium use must file a new final plat and meet all requirements of the Public Works and Fire Departments.
H.
Bulk and Area Regulations.
I.
Landscape and Buffer Requirements. When an RM-10 district abuts an R-1, R-2, R-3, R-4, PRD-SF, RA-4, RA-6, or RA-8 district or use, a 35-foot buffer shall be established (see standards set forth in Section 710.05).
(Ord. No. 6186, 11/8/2000, § 1; Ord. No. 6534, 7/9/2003, § 10; Ord. No. 6737, 10/13/2004, § 6; Ord. No. 6753, 11/10/2004, § 6; Ord. No. 6855, 9/14/2005, § 6; Ord. No. 7156, 5/12/2008, §§ 21, 22; Ord. No. 8116, 9/11/2019, § 11; Ord. No. 8130, 12/11/2019, § 11; Ord. No. 8194, 11/11/2020, § 6; Ord. No. 8199, 12/9/2020, § 10; Ord. No. 8251, 1/12/2022, § 2; Ord. No. 8437, 2/12/2025, § 11)
708.12 - RM-12, Multifamily Residential (12 units/acre).
A.
Purpose and Intent. The RM-12 district is intended to provide suitable areas for multifamily housing designed in a compatible and complementary manner so as to function as a singular and integrated land use. This zoning district may serve as a transitional zone between commercial/office uses and residential districts of a lesser intensity.
B.
Permitted Uses.
1.
Condominiums and townhouses, provided:
a)
For all developments containing 8 units or more, a mandatory homeowners association shall be created that will be responsible for the upkeep and maintenance of all front yards and common areas including all fencing, landscaping, amenities and buffers, and shall include architectural control oversights for the development.
b)
"Four-sided architecture" is required, such that architectural features and materials shall be used in a consistent manner on all sides of the residential units. Materials to be used on exterior façades of all buildings shall include brick, stone, stucco (not EFS type) or fiber-cement siding, or combinations of those materials. No vinyl, aluminum or metallic siding may be used.
c)
The condominiums and townhouses shall be "for sale" only, and no more than 5% of all the homes within the residential development shall be allowed to be renter occupied at any time. A recital of this requirement shall be contained within the Covenants to ensure enforcement. In addition, the homeowner's association or other governing body is hereby charged with the responsibility of enforcing this regulation on all homeowners and owners of lots and property in the development. The homeowner's association shall enforce this regulation to ensure compliance with city ordinances with both the initial owner of the property as well as all subsequent owners. Failure of the homeowner's association to require and achieve compliance may result in a civil penalty by the City of Marietta against the homeowner's association in the amount of $500.00.
d)
The development shall be constructed and governed in conformity with the requirements of the Georgia Condominium Act (O.C.G.A. § 44-3-70, et seq.). A declaration of condominium shall be submitted and recorded in compliance of this act.
e)
All condominiums and townhouses shall have 2-car garages, and the parking pads/driveways in front of the garage shall be a minimum of 20 feet in length (measured from the back of sidewalk or back of curb when there is no sidewalk) in order to accommodate 2 additional cars. The garages shall be used for the parking and storage of vehicles and may not be enclosed to provide for additional residential space. A recital of this requirement shall be contained within the Covenants to ensure enforcement.
f)
A guest parking area shall be required at a ratio of 0.2 spaces per dwelling unit.
g)
The development shall comply with all recommendations from the City of Marietta Public Works Department with respect to hydrology, stormwater management, down stream considerations and any donation and/or conveyance of right-of-way that is deemed necessary.
h)
A 150-foot acceleration lane and a 150-foot deceleration lane with appropriate tapers shall be constructed, if required by the Public Works Department.
i)
A recreation area shall be provided at a ratio of 1 acre per 50 units (or a proportional percentage thereof) with a minimum of 10,000 square feet provided. Such area shall be developed with at least 1 passive recreational feature, such as a pavilion, gazebo or picnic area, and at least 1 active recreational feature, such as a walking trail, swimming pool, playground or tennis courts. Active recreational areas must be outside of any floodplain area and located in such a manner that at least 75% of the townhouses are within 300 feet, as measured from the building footprints. Any recreation area, whether passive or active, must be located in an area with a slope of less than 15%, however, all recreation areas must meet ADA requirements for accessibility. Active recreational areas must be improved through the use of terracing or other techniques to provide a usable area, such that at least 25% of the entire recreational area shall have a slope of no greater than 3%.
2.
Multi-family dwelling units.
3.
Group homes, limited to 1 bed per 250 gross square feet of heated building space. Operator must obtain all necessary state certifications.
4.
Fraternity and sorority houses and residence halls.
5.
Accessory uses and structures incidental to any legal permitted use.
C.
Temporary/Conditional Uses Allowed by the Director.
1.
Limited home occupations (see standards set forth in Section 712.04).
2.
Single-family detached residential units in accordance with the bulk and area regulations specified in Section 708.04(H).
3.
Mobile retail food establishments shall be allowed on property zoned RM-12 according to the restrictions listed below:
a)
Written permission of the property owner is obtained.
b)
Such use does not last longer than 1 day and no more than 3 days annually.
c)
These uses are not located within any public right-of-way or City-owned property, unless otherwise authorized by the City.
d)
Adequate paved parking, ingress and egress are provided on site.
e)
A temporary use permit is applied for and approved by the Director of the Department of Development Services.
f)
The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to mobile retail establishments; all such variance requests must be submitted to City Council. Variances for mobile food establishments shall be considered according to the criteria defined under Subsection 712.01(E).
D.
Special Uses Permitted by Board of Zoning Appeals. Not applicable in this district.
E.
Special Uses Permitted by City Council.
1.
Halfway houses (see standards set forth in Section 712.02).
a)
The structure meets all aspects of the Standard Housing Code including minimum dwelling space requirements.
b)
The operator obtains certification from the appropriate state licensing body.
c)
No other such facility is located within 1,000 feet as measured from property line to property line.
2.
Party houses.
3.
Places of assembly, private parks and playgrounds, and neighborhood recreation centers or swimming pools, provided:
a)
Lighting shall be established in such a way that no direct light shall cast over any property line nor adversely affect neighboring properties.
b)
Any building or structure established in connection with such use must be setback no less than 75 feet from any property line.
c)
All pools must adhere to the standards of the Standard Swimming Pool Code, as amended (see standards set forth in Section 712.01).
F.
Accessory Structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least 10 feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
3.
No accessory building shall be constructed upon a lot before the principal building.
4.
No accessory structure may exceed the mean height of the principal building.
5.
Swimming pools must be enclosed by a fence not less than 4 feet in height with a self-closing, self-latching gate and must comply with all applicable safety and health ordinances.
6.
Heating and air conditioning units may encroach 5 feet into the required rear or side setback.
7.
Accessory structures utilizing canvas coverings, tarpaulins, sails, tents, or other nondurable materials, are considered temporary and are not permitted for long term use, as they do not meet the minimum requirements of the building code for an accessory structure. Such temporary accessory structures may only be utilized for a period not lasting longer than 14 days consecutively and 42 days annually.
G.
Use Limitations.
1.
All outside storage associated with nonresidential uses must be stored in a side or rear yard and screened from all streets and adjacent properties by an opaque fence no less than 6 feet in height. The Director may approve the substitution of plantings for the required fence. Storage of portable sanitation units, portable chemical toilets or any other container intended to hold human waste is prohibited. Unenclosed carports and front porches may not be used for storing any materials other than firewood or recyclable materials within a city approved container.
2.
Buildings must be separated by at least 60 feet unless a side face is involved in which case the buildings shall be separated by no less than 40 feet.
3.
No building may exceed 250 feet in length.
4.
No unit or building may have direct access to an arterial or collector street outside the development.
5.
A recreation area must be provided at a ratio of 1 acre per 50 units (or a proportional percentage thereof) with a minimum of 10,000 square feet provided. Such area may serve as open space and/or developed for recreational purposes such as pools or basketball and tennis courts. Non-passive recreational areas must be located in such a manner that at least 75% of the units are within 300 feet, as measured from building footprints.
6.
Common on-site parking areas shall be located not more than 200 feet from the dwelling units served. No more than 25% of the required parking may be provided within the front yard or setback.
7.
When over 50% of the required parking is provided underground, a density bonus of 2 dwelling units per acre shall be allowed.
8.
Each dwelling unit may contain a maximum of 4 domesticated animals weighing 3 pounds or more. This standard shall not apply to animals less than 6 months of age. No livestock are permitted.
9.
Apartment complexes which convert to condominium use must file a new final plat and meet all requirements of the Public Works and Fire Departments.
H.
Bulk and Area Regulations.
I.
Landscape and Buffer Requirements. When an RM-12 district abuts an R-1, R-2, R-3, R-4, PRD-SF, RA-4, RA-6, or RA-8 district or use, a 40-foot buffer shall be established (see standards set forth in Section 710.05).
(Ord. No. 6186, 11/8/2000, § 1; Ord. No. 6534, 7/9/2003, § 11; Ord. No. 6737, 10/13/2004, § 7; Ord. No. 6753, 11/10/2004, § 7; Ord. No. 6855, 9/14/2005, § 7; Ord. No. 7156, 5/12/2008, §§ 23, 24; Ord. No. 8116, 9/11/2019, § 12; Ord. No. 8130, 12/11/2019, § 12; Ord. No. 8194, 11/11/2020, § 7; Ord. No. 8199, 12/9/2020, § 11; Ord. No. 8251, 1/12/2022, § 3; Ord. No. 8437, 2/12/2025, § 12)
708.13 - RHR, Residential High-Rise.
A.
Purpose and Intent. The RHR district is intended to provide suitable areas for high density residential dwellings with provisions for accessory uses and structures. This zoning district may serve as a transitional zone between commercial/office uses and residential districts of a lesser intensity.
B.
Permitted Uses.
1.
High rise apartments and condominiums.
2.
Group homes, limited to 1 bed per 250 gross square feet of heated building space. Operator must obtain all necessary state certifications.
3.
Fraternity and sorority houses and residence halls.
4.
Assisted living, personal care and retirement home facilities, provided:
a)
Such facilities must obtain all necessary state licenses and/or certifications.
b)
The maximum number of beds permitted shall be determined by multiplying the site's acreage by the district's density limitation.
Ex. A 1.5 acre site could include 98 beds [(1.5 acres) x (65 DUA) = 98]
5.
Retail trade, provided all sales and service activities are ancillary to the operation of the high-rise apartment development and are conducted wholly within the building housing the use to which such activities are accessory, provided that the floor space used shall be limited to the first floor.
6.
Accessory uses and structures incidental to any legal permitted use.
C.
Temporary/Conditional Uses Allowed by the Director.
1.
Limited home occupations (see standards set forth in Section 712.04).
2.
Garage sales, provided:
a)
Sales may not last more than 3 consecutive days and are limited to 1 sale every 3 months.
b)
No consignment goods may be offered for sale.
c)
Sales are conducted between the hours of 8:00 a.m. and 7:00 p.m.
d)
One sign per property frontage is allowed, maximum 6 square feet in size.
3.
Mobile retail food establishments shall be allowed on property zoned RHR according to the restrictions listed below:
a)
Written permission of the property owner is obtained.
b)
Such use does not last longer than 1 day and no more than 3 days annually.
c)
These uses are not located within any public right-of-way or City owned property, unless otherwise authorized by the City.
d)
Adequate paved parking, ingress and egress are provided on site.
e)
A temporary use permit is applied for and approved by the Director of the Department of Development Services.
f)
The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to mobile retail establishments; all such variance requests must be submitted to City Council. Variances for mobile food establishments shall be considered according to the criteria defined under Subsection 712.01(E).
D.
Special Uses Permitted by Board of Zoning Appeals. Not applicable in this district.
E.
Special Uses Permitted by City Council.
1.
Halfway houses (see standards set forth in Section 712.02).
a)
The structure meets all aspects of the Standard Housing Code including minimum dwelling space requirements.
b)
The operator obtains certification from the appropriate state licensing body.
c)
No other such facility is located within 1,000 feet as measured from property line to property line.
2.
Party houses.
3.
Places of assembly, private parks and playgrounds, and neighborhood recreation centers or swimming pools, provided:
a)
Lighting shall be established in such a way that no direct light shall cast over any property line nor adversely affect neighboring properties.
b)
Any building or structure established in connection with such use must be setback no less than 75 feet from any property line.
All pools must adhere to the standards of the Standard Swimming Pool Code, as amended (see standards set forth in Section 712.01).
F.
Accessory Structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least 10 feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
3.
No accessory building shall be constructed upon a lot before the principal building.
4.
If the accessory structure is a parking garage, up to 50% of the gross floor area of the ground floor level may be devoted toward commercial use oriented towards pedestrian traffic.
5.
The height of accessory structures shall be limited to 50 feet but in no case exceed 33% of the mean height of the principal building.
6.
Swimming pools must be enclosed by a fence not less than 4 feet in height with a self-closing, self-latching gate and must comply with all applicable safety and health ordinances.
7.
Heating and air conditioning units may encroach 5 feet into the required rear or side setback.
8.
Accessory structures utilizing canvas coverings, tarpaulins, sails, tents, or other nondurable materials, are considered temporary and are not permitted for long term use, as they do not meet the minimum requirements of the building code for an accessory structure. Such temporary accessory structures may only be utilized for a period not lasting longer than 14 days consecutively and 42 days annually.
G.
Use Limitations.
1.
All outside storage associated with nonresidential uses must be stored in a side or rear yard and screened from all streets and adjacent properties by an opaque fence no less than 6 feet in height. The Director may approve the substitution of plantings for the required fence. Storage of portable sanitation units, portable chemical toilets or any other container intended to hold human waste is prohibited. Unenclosed carports and front porches may not be used for storing any materials other than firewood or recyclable materials within a city approved container.
2.
When over 75% of the required parking is provided underground, a density bonus of 10 dwelling units per acre shall be allowed.
3.
Each dwelling unit may contain a maximum of 4 domesticated animals weighing 3 pounds or more. This standard shall not apply to animals less than 6 months of age. No livestock are permitted.
H.
Bulk and Area Regulations.
I.
Landscape and Buffer Requirements. When an RHR district abuts a more restrictive residential district or use, a 50-foot buffer shall be established (see standards set forth in Section 710.05). Such buffer shall be required around all parking and outdoor activity areas, regardless of adjacent zoning.
(Ord. No. 6737, 10/13/2004, § 8; Ord. No. 7156, 5/12/2008, §§ 25, 26; Ord. No. 7961, 6/14/2017, § 10; Ord. No. 8116, 9/11/2019, § 13; Ord. No. 8130, 12/11/2019, § 13; Ord. No. 8199, 12/9/2020, § 12; Ord. No. 8251, 1/12/2022, § 4; Ord. No. 8437, 2/12/2025, § 13)
708.14 - PRD (MF), Planned Residential Development (multifamily).
A.
Purpose and Intent. The PRD (MF) district is intended to allow flexible site planning and building arrangements under a unified plan of development so that innovative land planning methods may be utilized which foster natural resource conservation and neighborhood cohesiveness as well as neo-traditional developments. This may permit buildings to be clustered or arranged in an unconventional manner to maximize open space, create a pedestrian scale and provide other public benefits. Buildings must be designed and constructed so as to meet the definition of 4-sided architecture, as defined in Section 724.02. In this district smaller lots than might otherwise be permitted under traditional zoning districts may be allowed; however, the purpose is not merely to allow smaller lots or reduce development requirements but to achieve other goals including the protection of sensitive environmental, historic, or aesthetic resources as well as the provision of site amenities such as parks, open space, walking trails, etc. The PRD district is not intended to encourage greater density of development, but rather to encourage ingenuity and resourcefulness in land planning techniques which result in quality residential patterns that conserve and create open space, reduce vehicle trips and provide stable developments which enhance the surrounding area.
B.
Permitted Uses.
1.
Duplexes and triplexes.
2.
Condominiums and townhouses, provided:
a)
A mandatory homeowners association shall be created that will be responsible for the upkeep and maintenance of all front yards and common areas including all fencing, landscaping, amenities and buffers, and shall include architectural control oversights for the development.
b)
"Four-sided architecture" is required, such that architectural features and materials shall be used in a consistent manner on all sides of the residential units. Materials to be used on exterior facades of all buildings shall include brick, stone, stucco (not EFS type) or fiber-cement siding, or combinations of those materials. No vinyl, aluminum or metallic siding may be used.
c)
The condominiums and townhouses shall be "for sale" only, and no more than 5% of all the homes within the residential development shall be allowed to be renter occupied at any time. A recital of this requirement shall be contained within the covenants to ensure enforcement. In addition, the homeowner's association or other governing body is hereby charged with the responsibility of enforcing this regulation on all homeowners and owners of lots and property in the development. The homeowner's association shall enforce this regulation to ensure compliance with City ordinances with both the initial owner of the property as well as all subsequent owners. Failure of the homeowner's association to require and achieve compliance may result in a penalty by the City of Marietta against the homeowner's association in the amount of $500.00.
d)
All townhouses shall have 2-car garages, and the parking pads/driveway in front of the garage shall be a minimum of 20 feet in length (measured from the back of sidewalk or back of curb when there is no sidewalk) in order to accommodate 2 additional cars. The garages shall be used for the parking and storage of vehicles and may not be enclosed to provide for additional residential space. A recital of this requirement shall be contained within the covenants to ensure enforcement.
e)
A guest parking area shall be provided at a ratio of 0.2 spaces per dwelling unit.
f)
The development shall comply with all recommendations from the City of Marietta Public Works Department with respect to hydrology, stormwater management, downstream considerations and any donation and/or conveyance of right-of-way that is deemed necessary.
g)
A 150-foot acceleration lane and a 150-foot deceleration lane with appropriate tapers shall be constructed, if required by the Public Works Department.
h)
A recreation area shall be provided at a ratio of 1 acre per 50 units (or a proportional percentage thereof) with a minimum of 10,000 square feet provided. Such area shall be developed with at least 1 passive recreational feature, such as a pavilion, gazebo or picnic area, and at least 1 active recreational feature, such as a walking trail, swimming pool, playground or tennis courts. Active recreational areas must be outside of any floodplain area and located in such a manner that at least 75% of the townhouses are within 300 feet, as measured from the building footprints. Any recreation area, whether passive or active, must be located in an area with a slope of less than 15%; however, all recreation areas must meet ADA requirements for accessibility. Active recreational areas must be improved through the use of terracing or other techniques to provide a usable area, such that at least 25% of the entire recreational area shall have a slope of no greater than 3%.
3.
Multi-family dwelling units.
4.
Assisted living, personal care and retirement home facilities, provided all necessary local and state licenses and/or certifications are obtained.
5.
Group homes, limited to 1 bed per 250 gross square feet of heated building space. Operator must obtain all necessary state certifications.
6.
Accessory uses and structures incidental to any permitted use.
C.
Temporary/Conditional Uses Allowed by the Director.
1.
Limited home occupations (see standards set forth in Section 712.04).
2.
Garage sales, provided:
a)
Sales may not last more than 3 consecutive days and are limited to 1 sale every 3 months.
b)
No consignment goods may be offered for sale.
c)
Sales are conducted between the hours of 8:00 a.m. and 7:00 p.m.
d)
One sign per property frontage is allowed, maximum 6 square feet in size.
3.
Mobile retail food establishment shall be allowed on property zoned PRD-MF according to the restrictions listed below:
a)
Written permission of the property owner is obtained.
b)
Such use does not last longer than 1 day and no more than 3 days annually.
c)
These uses are not located within any public right-of-way or City owned property, unless otherwise authorized by the City.
d)
Adequate paved parking, ingress and egress are provided on site.
e)
A temporary use permit is applied for and approved by the Director of the Department of Development Services.
f)
The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to mobile retail establishments; all such variance requests must be submitted to City Council. Variances for mobile food establishments shall be considered according to the criteria defined under Subsection 712.01(E).
D.
Special Uses Permitted by Board of Zoning Appeals. Not applicable in this district.
E.
Special Uses Permitted by City Council.
1.
Only those uses delineated in the approved general and detailed plans.
2.
Places of assembly, private parks and playgrounds, and neighborhood recreation centers or swimming pools not originally included and approved as part of a general plan or detailed plan associated with a rezoning, provided:
a.
Lighting shall be established in such a way that no direct light shall cast over any property line nor adversely affect neighboring properties.
b.
Any building or structure established in connection with such use must be set back no less than 75 feet from any property line.
c.
All pools must adhere to the standards of the Standard Swimming Pool Code, as amended. (See standards set forth in Section 712.01.)
3.
Party houses.
F.
Accessory Structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least 10 feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
3.
No accessory building shall be constructed upon a lot before the principal building.
4.
No accessory structure may exceed the height of the principal building.
5.
The area of the accessory building's footprint may not exceed 50% that of the principal structure.
6.
Accessory structures utilizing canvas coverings, tarpaulins, sails, tents, or other nondurable materials, are considered temporary and are not permitted for long term use, as they do not meet the minimum requirements of the building code for an accessory structure. Such temporary accessory structures may only be utilized for a period not lasting longer than 14 days consecutively and 42 days annually.
G.
Use Limitations.
1.
No outside storage is permitted with residential uses, excluding firewood and lawn furnishings.
2.
All outside storage associated with nonresidential uses must be stored in a side or rear yard and screened from all streets and adjacent properties by a solid fence at least 6 feet in height. The Director may approve the substitution of plantings for the required fence. Unenclosed carports and front porches may not be used for storing any materials other than firewood or recyclable materials within a City approved container.
3.
Each dwelling unit may contain a maximum of 4 domesticated animals weighing 3 pounds or more. This standard shall not apply to animals less than 6 months of age. No livestock are permitted.
H.
Bulk and Area Regulations.
I.
Landscape and Buffer Requirements. When a PRD (MF) district abuts a single-family residential district or use, a 30-foot greenbelt buffer shall be established. Such buffer must include a solid fence or wall no less than 6 feet in height.
J.
Procedure for Establishment of Planned Development District.
1.
General Plan Filed. The owner or owners of the entire tract of land proposed to be included in the planned development districts shall file a general plan with a request for a change in zoning with the Planning Commission for consideration and referral to the City Council for recommendation. Said plan shall be submitted electronically to City staff in a digital format which meets or exceeds City standards and shall contain such information and representations required or deemed necessary by the City Council, Planning Commission and Public Works Director to permit proper review. Such information and representations must include, but is not limited to, the following:
a)
A statement describing why standard zoning districts are insufficient and how the proposed development conforms to those parameters and ideals set forth in the "Intent and Purpose" element of this district.
b)
The general method of development and operation of the proposed general plan.
c)
The boundaries of the tract of land included in the general plan, the computed area and the legal description thereof, the topography and other salient features of the tract by reference to a plat of survey prepared by a licensed land surveyor.
d)
The location and extent of existing and proposed public rights-of-way, easements and water and drainage courses bounding and within the tract included in the general plan by reference to a plan or drawing.
e)
The location and type of existing buildings and structures proposed to be retained or removed by reference to a plan or drawing.
f)
The general location of proposed buildings by reference to a plan or drawing and an indication of the use to be made of each building.
g)
Dwelling unit density as defined in Section 724.02.
h)
Minimum standards for lot development including setbacks, distances between buildings and house sizes.
i)
Architectural, facade or material requirements.
j)
The maximum floor area designated for each use.
k)
The percentage of development maintained as open space and/or recreation areas and impervious surfaces.
l)
Preliminary tree protection plan and screening standards.
m)
Public transportation facilities or provisions (if any).
2.
Plan Reviewed. Said plan shall be reviewed by the Planning Commission and a determination made as to whether the proposed plan is consistent with the intent and standards of this district and whether the development of the tract serves the public welfare. Such determination shall be made after an analysis prepared by the Department of Development Services. Said analysis shall include, but is not limited to, the availability of public access and utilities to the tract, neighboring property uses, and the effect on the efficient delivery of City services. A recommendation by the Planning Commission relating to the proposed plan shall be transmitted to the City Council.
3.
Council Approval. The City Council, upon receiving the recommendation of the Planning Commission relating to a planned development proposal, shall proceed in accordance with the requirements of law to consider amendment of the zoning map. In the event the City Council approves the general plan and changes the zoning by passing the required amendments to the zoning map, the requirements of the plan shall constitute the zoning regulations for the district and the zoning maps shall be amended.
4.
Detailed Plan Filed. Prior to the installation of subdivision improvements, a final detailed plan shall be reviewed and approved by the Mayor and Council. Detailed plans shall follow the procedures described in Section 728.04, Preliminary plat and detailed plan application procedures. If approved, site development shall not be permitted in any segment of said tract until site development plans for the proposed improvements, prepared in accordance with Division 728.06, have been approved by City staff. The detailed plan shall include, but is not limited to, the following:
a)
The location and extent of public rights-of-way, easements and water and drainage courses bounding and within the tract included in the general plan by reference to a plan or drawing.
b)
Minimum standards for lot development.
c)
Open space and recreation area provisions (active and passive).
d)
Data requirements listed in Section 728.05.
e)
Detailed landscaping plan.
f)
Detailed architectural elevations of the proposed buildings. Buildings must be designed and constructed so as to meet the definition of 4-sided architecture, as defined in Section 724.02.
5.
Plan Amendments. Pursuant to the same procedures and subject to the same limitations by which plans were approved and amendments to the Official Zoning Map adopted, such plans may be amended in whole or in part. Minor changes in use and intensity of use may not require an amendment to the general plan and may be submitted for approval in conjunction with the detailed plan.
(Ord. No. 5903, 10/14/98, § 1; Ord. No. 6051, 10/13/99, § 1; Ord. No. 6737, 10/13/2004, § 9; Ord. No. 6855, 9/14/2005, § 8; Ord. No. 7111, 11/19/2007, § 2; Ord. No. 7156, 5/12/2008, §§ 27, 28; Ord. No. 8116, 9/11/2019, § 14; Ord. No. 8130, 12/11/2019, § 14; Ord. No. 8131, 12/11/2019, § 10; Ord. No. 8194, 11/11/2020, § 8; Ord. No. 8229, 7/14/2021, § 6; Ord. No. 8414, 11/13/2024, § 2; Ord. No. 8437, 2/12/2025, § 14; Ord. No. 8448, 4/9/2025, § 2)
708.15 - NRC, Neighborhood Retail Commercial.
A.
Purpose and Intent. The NRC District is intended to provide suitable areas for limited retail and personal services serving those neighborhoods in the immediate area. Uses located within this district supply those goods and services which require frequent purchasing with a minimum of customer travel. The scope at which properties are developed within the NRC District should reflect their relatively small market areas. This zoning district may serve as a step down from more intense commercial uses to residential uses.
B.
Permitted Uses.
1.
Automobile service stations.
a)
All gasoline pumps, tanks and other service facilities shall be set back at least 20 feet from all property lines unless otherwise approved by the Fire Marshal.
b)
Canopies over fuel islands shall not encroach within 15 feet of any property line.
c)
Minor automobile repair shall be allowed in conjunction with such use provided all such activities shall take place within an enclosed building.
d)
No outside storage or engine/body dismantling is allowed.
e)
Such use shall be at least 200 feet from any property zoned R-1, R-2, R-3, R-4, RA-4, RA-6, RA-8, RM-8, RM-10, RM-12, PRD-SF or PRD-MF.
2.
Banks and financial institutions.
3.
Barber and beauty shops.
4.
Billiards, pool halls and video arcades.
5.
Brew pubs (subject to Marietta Municipal Code Chapter 8-8, Alcoholic Beverages).
a)
Production shall be in a wholly enclosed building.
b)
Production space shall be limited subject to State law.
6.
Carwashes.
7.
Coin operated laundries and dry-cleaning pickup establishments.
8.
Convenience stores. Such uses may include self-service, provided:
a)
All gasoline pumps, tanks and other service facilities shall be set back at least 20 feet from all property lines.
b)
Canopies over fuel islands shall not encroach within 15 feet of any property line.
c)
No automotive repair is allowed.
d)
Such use shall be at least 200 feet from any property zoned R-1, R-2, R-3, R-4, RA-4, RA-6, RA-8, RM-8, RM-10, RM-12, PRD-SF or PRD-MF.
9.
Copy centers.
10.
Day care centers and nursery schools, provided:
a)
Such use must obtain certification from the Georgia Department of Human Resources.
b)
Any outdoor play area shall be enclosed by a fence not less than 4 feet in height and located in the rear yard area of the principal building with a self-closing, self-latching gate.
11.
Eating and drinking establishments, excluding drive-in fast-food restaurants and mobile retail food establishments. Outdoor dining facilities may encroach into required setbacks only upon approval from the Fire Department, Public Works Department, and Planning and Zoning.
12.
Grocery stores. Limited to 15,000 square feet of gross floor area.
13.
Neighborhood retail uses with floor areas under 10,000 square feet. Appropriate uses include:
a)
Book and video stores (non-adult).
b)
Camera shops.
c)
Florists.
d)
Drug stores.
e)
Gift shops.
f)
Toy stores.
g)
Pet grooming and supply shops.
h)
Jewelry stores.
i)
Sporting goods and hobbies.
j)
Apparel stores.
k)
Beverage shops.
l)
Other similar and customary uses.
14.
Non-automotive repair services such as cameras, shoes, jewelry and the like.
15.
Places of assembly.
16.
Professional offices with floor areas under 10,000 square feet.
17.
Shopping centers, neighborhood markets (up to 30,000 square feet in gross floor area).
a)
No outparcels allowed.
b)
All businesses and uses within these centers must be permissible within the district in their own right.
c)
All loading areas shall be located to the rear.
18.
Reserved.
19.
Other uses which are substantially similar in character and impact to those uses enumerated above. Such uses must clearly meet the purpose and intent of this zoning district.
20.
Accessory uses and structures incidental to any legal permitted use.
C.
Temporary/Conditional Uses Allowed by the Director of the Department of Development Services.
1.
Certain temporary uses such as tent sales, sidewalk sales, or the sale of goods from any temporary location, including, but not limited to, holiday sales, fireworks sales or Christmas tree sales, may be permitted within this district, provided:
a)
Written permission of the property owner is obtained.
b)
Such use does not last longer than 45 days consecutively.
c)
These uses are not located within 25 feet of any public right-of-way.
d)
Adequate parking, ingress and egress are provided on site.
e)
A temporary use permit is applied for and approved by the Director of the Department of Development Services.
f)
No more than 2 temporary use permits may be allowed per parcel for a total of 90 days annually.
(Leases for temporary sales existing at the time of revision to this ordinance will be honored until the expiration of the lease or until December 31, 2007, whichever is earlier.)
2.
Mobile retail food establishments shall be allowed on property zoned NRC according to the restrictions listed below:
a)
Written permission of the property owner is obtained.
b)
Such use does not last longer than 3 days consecutively and 12 days annually.
c)
These uses shall be located at least 30 feet from any property line and not within any public right-of-way or City owned property, unless otherwise authorized by the City.
d)
If property is within 50 feet of a residentially zoned parcel, measured property line to property line, then food truck operations shall cease at 9:00 p.m.
e)
Adequate paved parking, ingress and egress are provided on site.
f)
A temporary use permit is applied for and approved by the Director of the Department of Development Services.
g)
The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to mobile retail establishments; all such variance requests must be submitted to City Council. Variances for mobile food establishments shall be considered according to the criteria defined under Subsection 712.01(E).
D.
Special Uses Permitted by Board of Zoning Appeals. Not applicable in this district.
E.
Special Uses Permitted by City Council. Not applicable in this district.
F.
Accessory Structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least 10 feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
Any accessory building in excess of 1,000 square feet of gross space must meet the setback standards for a principal use and shall be architecturally compatible with the principal structure.
3.
When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
4.
No accessory building shall be constructed upon a lot before the principal building, nor shall it contain a greater floor area than the principal structure.
5.
No accessory structure may exceed the more restrictive of either 15 feet or the height of the principal building.
6.
Heating and air conditioning units may encroach 5 feet into the required rear or side setback.
7.
Recycling collection/drop off centers.
a)
No outside storage allowed.
b)
Container bins and/or donation boxes are limited to rear or side yards and must be located in such a manner as to be screened from view from the public right-of-way. When a business is located on a corner lot, container bins and/or donation boxes must be placed to the rear or interior side of the property such that the location is not visible from the right-of-way of any street.
c)
Container bins and/or donation boxes shall not be located within 50 feet of a structure utilized for detached single-family residential purposes.
d)
Location of container bins and/or donation boxes shall be approved by the Director of the Department of Development Services.
8.
Accessory structures utilizing canvas coverings, tarpaulins, sails, tents, or other nondurable materials, are considered temporary and are not permitted for long term use, as they do not meet the minimum requirements of the building code for an accessory structure. Such temporary accessory structures may only be utilized for a period not lasting longer than 14 days consecutively and 42 days annually.
G.
Use Limitations.
1.
No outdoor storage is permitted.
2.
Storage of portable sanitation units, portable chemical toilets or any other container intended to hold human waste is prohibited.
3.
No manufacturing processes are permitted.
4.
Building design and materials may be of the developer's choosing; however:
a)
Any facade of a building where any portion of that facade is visible from a roadway shall be constructed with a mixture of brick, stone, rock, wood, glass, cementitious siding, aluminum composite material (ACM) panels, or split-faced concrete block (defined as a concrete building unit which appears to have been hand-chiseled (or "split") to give it a textured look).
b)
The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to building design and materials, as contained in this paragraph; all such variance requests must be submitted to City Council for consideration.
H.
Bulk and Area Regulations.
I.
Landscape and Buffer Requirements. When a NRC district directly abuts any residential district, a 30-foot buffer shall be established (see standards set forth in Section 710.05).
(Ord. No. 6737, 10/13/2004, § 10; Ord. No. 6753, 11/10/2004, § 8; Ord. No. 7094, 10/10/2007, § 1; Ord. No. 7095, 10/10/2007, § 1; Ord. No. 7671, 8/14/2013, § 1; Ord. No. 8116, 9/11/2019, §§ 15, 16; Ord. No. 8234, 10/13/2021, § 1; Ord. No. 8251, 1/12/2022, § 5; Ord. No. 8291, 7/13/2022, § 1; Ord. No. 8364, 12/20/2023, § 1; Ord. No. 8437, 2/12/2025, § 15)
708.16 - CRC, Community Retail Commercial.
A.
Purpose and Intent. The CRC district is intended to provide suitable areas for the provision of retail and personal services oriented towards those neighborhoods making up the adjacent community. The regulations which apply within this district are designed to encourage the formation of compatible and economically healthy business and service uses which benefit from close proximity to each other.
B.
Permitted Uses.
1.
Adult establishments (subject to the requirements of Marietta Municipal Code Section 820-190).
2.
Ambulance services.
3.
Amusement centers and arcades, including billiards and pool halls.
4.
Animal hospitals, kennels clinics.
a)
All structures shall be located and activities conducted at least 100 feet from any property zoned for residential purposes.
b)
All animals shall be located within an enclosed building and adequate sound and odor control shall be maintained.
5.
Animal grooming shops. All structures shall be located and activities conducted at least 100 feet from any property zoned for residential purposes.
6.
Athletic and health clubs.
7.
Automobile parts and tire store.
a)
There shall be no dismantling of vehicles on the premises to obtain auto parts.
b)
The only auto part installation that shall be permitted in connection with such use shall be the installation of tires and the installation of minor maintenance or accessory parts.
c)
Major auto repair shall not be permitted in connection with such uses.
d)
Minor repair and maintenance may be permitted provided such repair and maintenance shall be incidental to the normal up-keep of an automobile and shall be carried on entirely within an enclosed building.
e)
Such use shall be at least 200 feet from any property zoned R-1, R-2, R-3, R-4, RA-4, RA-6, RA-8, RM-8, RM-10, RM-12, PRD-SF, or PRD-MF in the City of Marietta and any residentially zoned property in any other governmental jurisdiction.
f)
Automobile parts and tire stores are not permitted on properties within Tier A of the Commercial Corridor Design Overlay District.
8.
Automobile leasing or rentals.
a)
All vehicles shall be set back at least 10 feet from the street right-of-way line.
b)
Such use shall be at least 200 feet from any property zoned R-1, R-2, R-3, R-4, RA-4, RA-6, RA-8, RM-8, RM-10, RM-12, PRD-SF, or PRD-MF in the City of Marietta and any residentially zoned property in any other governmental jurisdiction.
c)
Vehicle leasing or rentals is not permitted on properties within Tier A of the Commercial Corridor Design Overlay District.
d)
Operable automobiles, which are inventory of the business, are not considered outdoor storage and are allowed on site for leasing or rental purposes.
9.
Automobile, trailer and boat sales.
a)
Minimum 2-acre lot size.
b)
All vehicles shall be set back at least 10 feet from the street right-of-way line.
c)
Such use shall be at least 200 feet from any property zoned R-1, R-2, R-3, R-4, RA-4, RA-6, RA-8, RM-8, RM-10, RM-12, PRD-SF, or PRD-MF in the City of Marietta and any residentially zoned property in any other governmental jurisdiction.
d)
Automobile, trailer and boat sales are not permitted on properties within Tier A of the Commercial Corridor Design Overlay District.
e)
Operable vehicles, inclusive of automobiles, trailers, and boats, which are inventory of the business, are not considered outdoor storage and are allowed on site for automobile, trailer, and boat sale purposes.
10.
Automotive repair shops (including paint and body).
a)
Such use shall not be permitted within 200 feet of any property used for a school, park, playground or hospital.
b)
All activities shall be carried on entirely within an enclosed building.
c)
Such use shall be at least 200 feet from any property zoned R-1, R-2, R-3, R-4, RA-4, RA-6, RA-8, RM-8, RM-10, RM-12, PRD-SF, or PRD-MF in the City of Marietta and any residentially zoned property in any other governmental jurisdiction.
d)
All outdoor storage must comply with the limitations specified under Subsection (G) of this section.
e)
Automotive repair shops (including paint and body) are not permitted on properties within Tier A of the Commercial Corridor Design Overlay District.
11.
Automobile service stations.
a)
All gasoline pumps, tanks and other service facilities shall be set back at least 20 feet from all property lines.
b)
Canopies over fuel islands shall not encroach within 15 feet of any property line.
c)
Minor automobile repair shall be allowed in conjunction with such use provided all such activities shall take place within an enclosed building.
d)
No outside storage or engine/body dismantling is allowed.
e)
Such use shall be at least 200 feet from any property zoned R-1, R-2, R-3, R-4, RA-4, RA-6, RA-8, RM-8, RM-10, RM-12, PRD-SF, or PRD-MF in the City of Marietta and any residentially zoned property in any other governmental jurisdiction.
f)
Automobile service stations are not permitted on properties within Tier A of the Commercial Corridor Design Overlay District.
12.
Banks and financial institutions.
13.
Barber and beauty shops.
14.
Brew pubs (subject to Marietta Municipal Code Chapter 8-8, Alcoholic Beverages).
a)
Production shall be in a wholly enclosed building.
b)
Production space shall be limited subject to State law.
15.
Breweries, including accessory tasting rooms (subject to Marietta Municipal Code Chapter 8-8, Alcoholic Beverages).
a)
Production shall be in a wholly enclosed building.
b)
Any building or structure established in connection with such use shall be set back not less than 50 feet from any residentially zoned property.
c)
Production space over 15,000 square feet shall require a Special Land Use [Permit] by the City Council subject to Section 712.01.
d)
A Special Land Use Permit shall be required for any such use located adjacent to residentially zoned property.
16.
Convenience stores. Such uses may include self-service fuel sales, provided:
a)
All gasoline pumps, tanks and other service facilities shall be set back at least 20 feet from all property lines.
b)
Canopies over fuel islands shall not encroach within 15 feet of any property line.
c)
No automotive repair is allowed.
d)
Convenience stores with self-service fuel sales are not permitted on properties within Tier A of the Commercial Corridor Design Overlay District.
17.
Car maintenance facilities such as brake repair, installation of tires, tune-up shops, oil change services, emission stations and the like.
a)
All activities shall take place within an enclosed building.
b)
No outside storage or engine/body dismantling is allowed.
c)
Such use shall be at least 200 feet from any property zoned R-1, R-2, R-3, R-4, RA-4, RA-6, RA-8, RM-8, RM-10, RM-12, PRD-SF, or PRD-MF in the City of Marietta and any residentially zoned property in any other governmental jurisdiction.
d)
Car maintenance facilities are not permitted on properties within Tier A of the Commercial Corridor Design Overlay District.
18.
Carwashes.
a)
Carwashes are not permitted on properties within Tier A of the Commercial Corridor Design Overlay District.
19.
Clinics and health centers.
20.
Coin operated laundries and dry-cleaning pickup establishments.
21.
Coliseum, stadium. Minimum lot size of 5 acres.
22.
Commercial landscapers.
a)
All outdoor storage must comply with the limitations specified under Subsection (G) of this section.
b)
Such use shall be at least 200 feet from any property zoned single family residential.
23.
Copy centers.
24.
Cultural facilities. Art galleries, museums, theaters, libraries, and other uses similar in character to those listed.
25.
Day care centers and nursery schools, provided:
a)
Such use must obtain certification from the Georgia Department of Human Resources.
b)
Any outdoor play area shall be enclosed by a fence not less than 4 feet in height and located in the rear yard area of the principal building with a self-closing, self-latching gate.
26.
Distilleries, including accessory tasting rooms (subject to Marietta Municipal Code Chapter 8-8, Alcoholic Beverages).
a)
Production shall be in a wholly enclosed building.
b)
Any building or structure established in connection with such use shall be set back not less than 50 feet from any residentially zoned property.
c)
Production space over 15,000 square feet shall require a Special Land Use [Permit] by the City Council subject to Section 712.01).
d)
A Special Land Use Permit shall be required for any such use located adjacent to residentially zoned property.
27.
Drug abuse treatment centers (outpatient).
28.
Dry cleaning utilizing petrochemicals.
a)
Such use shall not be established within 100 feet of any property used or zoned for residential purposes.
b)
No such plant may not serve more than 5 dry-cleaning pickup establishments other than itself.
29.
Eating and drinking establishments, including drive-in fast-food restaurants, but not including mobile retail food establishments. Outdoor dining facilities may encroach into required setbacks only upon approval from the Fire Department, Public Works Department and Planning and Zoning.
30.
Exterminating facilities.
31.
Farm and garden supply stores, including nurseries and greenhouses. Outdoor storage must comply with the limitations specified under Subsection (G) of this section.
32.
Funeral homes. All structures shall be located and activities conducted at least 100 feet from any property zoned for residential purposes.
33.
Golf courses, club houses and golf/baseball driving ranges.
a)
The facility shall be enclosed by a wall or fence and buffer area of 10 feet in depth to screen adjacent property.
b)
Central loudspeakers are prohibited.
c)
Any building or structure established in connection with such use shall be set back not less than 100 feet from rear and side property lines.
34.
Grocery and food stores.
35.
Helicopter landing areas. Minimum 1 acre. Must be enclosed by a fence no less than 8 feet in height.
36.
Hospitals.
37.
Hotels and motels.
a)
Such use shall not be established within 300 feet of any property zoned for residential use.
b)
Maximum density of 100 guest units per acre.
38.
Lumber, hardware, paint, glass and wallpaper stores. All outdoor storage must comply with the limitations specified under Subsection (G) of this section.
39.
Medical and dental laboratories, provided chemicals are not manufactured on site.
40.
Mini warehouses and self-storage facilities. All storage must be contained within buildings; no outdoor storage allowed.
41.
Movie theaters.
42.
Non-automotive repair service centers. No outside storage is permitted.
43.
Parking lots and parking garages as a primary use. Up to 75% of the gross floor area of the ground floor level may be devoted toward commercial use oriented towards pedestrian traffic.
44.
Pharmacies and drug stores.
45.
Places of assembly.
46.
Plumbing and heating equipment dealers. Outdoor storage must comply with the limitations specified under Subsection (G) of this section.
47.
Printing services.
48.
Professional and general business offices. No outside storage is permitted.
49.
Radio, recording and television studios.
50.
Recreation facilities, indoor and outdoor
51.
Retail trade involving the sale of merchandise on the premises, provided no single tenant occupies more than 40,000 square feet. Appropriate uses include, but are not limited to:
a)
Book and video stores (non-adult).
b)
Camera shops.
c)
Florists.
d)
Drug stores.
e)
Gift shops.
f)
Toy stores.
g)
Pet grooming and supply shops.
h)
Jewelry stores.
i)
Furniture, home furnishings and equipment stores.
j)
Pawn shops.
k)
Office supplies.
l)
Sporting goods and hobbies.
m)
Apparel stores.
n)
Beverage shops.
All retail trade involving the sale of merchandise on the premises, where a single tenant occupies more than 40,000 square feet are subject to the following conditions:
1.
All exterior building elevations that face public streets and/or customer parking areas shall be designed so that there are no large expanses of blank walls. These building facades shall include architectural elements such as, but not limited to, doors, entry areas, display windows, pilasters, columns, horizontal and vertical offsets, material and color variations, decorative cornices, awnings, canopies, murals, and graphics. In order to assure conformance with this requirement, exterior-building elevations must be reviewed and approved as a part of the overall final site plan review process.
2.
Any roof or part thereof of a large retail establishment that is visible from a public right-of-way must conceal rooftop equipment such as HVAC units from the public view.
3.
Bulk sanitation containers shall be enclosed and have a solid gate. The enclosure shall be on all 4 sides and be constructed of material that is opaque and compatible with the design, materials and color sections of the principle building.
4.
Sidewalks, no less than 8 feet in width, shall be provided along the full length of the building along any facade featuring a customer entrance, and along any facade abutting public parking areas. No displays shall be placed within this 8-foot sidewalk width. Such sidewalks shall be located at least 6 feet from the facade of the building to provide planting beds for foundation landscaping, except where features such as arcades or entryways are part of the facade.
5.
Exterior finishes shall be primarily masonry, stone, or a combination of these. Exterior finishes that are plain concrete block, plain concrete, predominantly metal, plywood, split-faced block, sheet pressboard, and other similar materials are not allowed.
6.
All outdoor lighting shall be designed so as not to adversely impact surrounding uses, while also providing a sufficient level of illumination for access and security purposes. Such lighting shall not blink, flash, oscillate, or be of unusually high brightness. Also, parking areas shall be illuminated so as to provide appropriate visibility and security during hours of darkness.
7.
Sidewalks at least 8 feet in width shall be provided along all sides of the lot that abut a public street.
8.
Continuous internal pedestrian walkways, no less than 8 feet in width, shall be provided from the public sidewalk or right-of-way to the principal customer entrance of all large retail establishments on the site. At a minimum, sidewalks shall connect focal points of pedestrian activity such as, but not limited to, transit stops, street crossings, building and store entry points, and shall feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers, or other such materials for no less than 50% of the length of the walkway.
52.
Shopping centers (up to 200,000 square feet in gross floor area, including outparcels). All businesses and uses within these centers must be permissible within the district in their own right (and remain subject to any relevant distancing requirements) except dry cleaning plants utilizing petrochemicals. All loading areas shall be located to the rear.
53.
Stations, bus or train terminals for passenger service with minimum freight.
54.
Taxi stands and dispatching agencies.
55.
Wineries, including accessory tasting rooms (subject to Marietta Municipal Code Chapter 8-8, Alcoholic Beverages).
a)
Production shall be in a wholly enclosed building.
b)
Any building or structure established in connection with such use shall be set back not less than 50 feet from any residentially zoned property.
c)
Production space over 15,000 square feet shall require a Special Land Use [Permit] by the City Council subject to Section 712.01.
d)
A Special Land Use Permit shall be required for any such use located adjacent to residentially zoned property.
56.
Other uses which are substantially similar in character and impact to those uses enumerated above. Such uses must clearly meet the purpose and intent of this zoning district.
57.
Accessory uses and structures incidental to any legal permitted use.
C.
Temporary/Conditional Uses Allowed by the Director of the Department of Development Services.
1.
Certain temporary uses such as tent sales, sidewalk sales, or the sale of goods from any temporary location, including, but not limited to, holiday sales, fireworks sales or Christmas tree sales, may be permitted within this district, provided:
a)
Written permission of the property owner is obtained.
b)
Such use does not last longer than 45 days consecutively.
c)
These uses are not located within 25 feet of any public right-of-way.
d)
Adequate parking, ingress and egress are provided on site.
e)
A temporary use permit is applied for and approved by the Director of the Department of Development Services.
f)
No more than 2 temporary use permits may be allowed per parcel for a total of 90 days annually.
(Leases for temporary sales existing at the time of revision to this ordinance will be honored until the expiration of the lease or until December 31, 2007, whichever is earlier.)
2.
Mobile retail food establishments shall be allowed on property zoned CRC according to the restrictions listed below:
a)
Written permission of the property owner is obtained.
b)
Such use does not last longer than 3 days consecutively and 12 days annually.
c)
These uses shall be located at least 40 feet from any property line and not within any public right-of-way or City owned property, unless otherwise authorized by the City.
d)
If property is within 50 feet of a residentially zoned parcel, measured property line to property line, then food truck operations shall cease at 9:00 p.m.
e)
Adequate paved parking, ingress and egress are provided on site.
f)
A temporary use permit is applied for and approved by the Director of the Department of Development Services.
g)
The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to mobile retail establishments; all such variance requests must be submitted to City Council. Variances for mobile food establishments shall be considered according to the criteria defined under Subsection 712.01(E).
D.
Special Uses Permitted by Board of Zoning Appeals. Not applicable in this district.
E.
Special Uses Permitted by City Council.
1.
[Reserved.]
2.
Breweries, distilleries and wineries, including accessory tasting rooms (subject to Marietta Municipal Code Chapter 8-8, Alcoholic Beverages).
a)
Production shall be in a wholly enclosed building.
b)
Any building or structure established in connection with such use shall be set back not less than 50 feet from any residentially property.
c)
Production space over 15,000 square feet shall require a Special Land Use [Permit] by the City Council subject to Section 712.01.
d)
A Special Land Use Permit shall be required for any such use located adjacent to residentially zoned property.
3.
Drug abuse treatment centers (inpatient).
a)
Must attain all required state certification.
b)
Maximum 20 beds per gross acre of development.
c)
Such use shall be located at least 750 feet from residentially zoned property.
4.
Indoor BB/air rifle shooting ranges operated by educational, civic or non-profit organizations (see standards set forth in Section 712.01).
a)
All activities must take place in a wholly enclosed building with walls constructed of brick, concrete or masonry.
b)
No weapon other than BB/air rifles with a caliper of 0.177 or less, and a muzzle velocity of no more than 450 feet per second shall be allowed.
5.
Shelters for the homeless.
a)
Minimum 1-acre lot size.
b)
Such use shall be located at least 750 feet from residentially zoned property.
c)
Such use may not be established within 1,000 feet of any other shelter for the homeless.
d)
All facilities shall comply with the criteria established for residential uses as per Southern Building Code Congress International (SBCCI) as amended.
6.
Telecommunications facilities (see standards set forth in Section 712.07).
F.
Accessory Structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least 10 feet from side or rear lot lines. Accessory structures may not be located within 25 feet of any residential property. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
Any accessory building in excess of 1,500 square feet of gross space must meet the setback standards for a principal use and shall be architecturally compatible with the principal structure.
3.
When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
4.
No accessory building shall be constructed upon a lot before the principal building, nor shall it contain a greater floor area than the principal structure.
5.
No accessory structure may exceed the more restrictive of either 25 feet or the height of the principal building,
6.
Heating and air conditioning units may encroach 5 feet into the required rear or side setback.
7.
Recycling collection/drop off centers.
a)
No outside storage allowed.
b)
Container bins and/or donation boxes are limited to rear or side yards and must be located in such a manner as to be screened from view from the public right-of-way. When a business is located on a corner lot, container bins and/or donation boxes must be placed to the rear or interior side of the property such that the location is not visible from the right-of-way of any street.
c)
Container bins and/or donation boxes shall not be located within 50 feet of a structure utilized for detached single-family residential purposes.
d)
Location of container bins and/or donation boxes shall be approved by the Director of the Department of Development Services.
8.
Accessory structures utilizing canvas coverings, tarpaulins, sails, tents, or other nondurable materials, are considered temporary and are not permitted for long term use, as they do not meet the minimum requirements of the building code for an accessory structure. Such temporary accessory structures may only be utilized for a period not lasting longer than 14 days consecutively and 42 days annually.
G.
Use Limitations.
1.
Outdoor storage.
a)
A property zoned CRC cannot be used solely for outdoor storage but may have outdoor storage as an accessory to an allowable primary use.
b)
All outdoor storage areas must be located in the rear yard behind the principal structure and enclosed by a solid fence or wall no less than 6 feet in height to provide for visual screening.
c)
A maximum of 25% of the total lot area may be used for such purposes.
d)
All outdoor storage must be located at least 50 feet from any property zoned for residential purposes and 25 feet from City right-of-way.
e)
No storage of wrecked or non-operative automobiles or trucks.
f)
No parts or waste materials shall be stored outside any building.
2.
Storage of portable sanitation units, portable chemical toilets or any other container intended to hold human waste is prohibited.
3.
No manufacturing processes are permitted.
4.
Building design and materials may be of the developer's choosing; however:
a)
Any façade of a building where any portion of that façade is visible from a roadway shall be constructed with a mixture of brick, stone, rock, wood, glass, cementitious siding, aluminum composite material (ACM) panels, or split-faced concrete block (defined as a concrete building unit which appears to have been hand-chiseled (or "split") to give it a textured look).
b)
The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to building design and materials, as contained in this paragraph; all such variance requests must be submitted to City Council for consideration.
H.
Bulk and Area Regulations.
I.
Landscape and Buffer Requirements. When a property in this district directly abuts any residential district, a 40-foot buffer shall be established. (See standards set forth in Section 710.05).
J.
Zoning Bonuses and Incentives. The following zoning incentives are designed to allow specific benefits to property owners, developers, and end users of a property and not for the purpose of circumventing any other provision of this ordinance. If a specific bonus or incentive is determined to be contrary to any provision of this ordinance, the city reserves the right to deny a specific bonus or incentive on that basis alone.
1.
If required parking is provided exclusively in the rear yard, then the required front yard setback may be reduced 50 percent.
2.
Where parking spaces are provided in on-site underground or deck parking, a bonus floor area of 350 square feet for each provided parking space shall be allowed.
3.
Any entity that retrofits an existing site without vehicular or pedestrian interconnection to provide permanent access to adjacent sites' parking and sidewalks shall be allowed a 10% reduction in required parking.
4.
All developments wherein the front door is located within 250 feet of a public transit stop shall be allowed a 10% reduction in required parking.
(Ord. No. 6534, 7/9/2003, § 12; Ord. No. 6737, 10/13/2004, § 11; Ord. No. 6753, 11/10/2004, § 9; Ord. No. 6851, 9/14/2005, § 1; Ord. No. 6955, 8/9/2006, § 1; Ord. No. 7094, 10/10/2007, § 2; Ord. No. 7095, 10/10/2007, § 2; Ord. No. 7671, 8/14/2013, § 2; Ord. No. 8116, 9/11/2019, §§ 17, 18; Ord. No. 8199, § 13, 12/9/2020; Ord. No. 8234, 10/13/2021, § 2; Ord. No. 8251, 1/12/2022, § 6; Ord. No. 8291, 7/13/2022, § 2; Ord. No. 8302, 9/14/2022, §§ 1, 2; Ord. No. 8364, 12/20/2023, §§ 2, 3; Ord. No. 8407, 10/9/2024, § 1; Ord. No. 8437, 2/12/2025, § 16)
708.17 - RRC, Regional Retail Commercial.
A.
Purpose and Intent. The RRC district is intended to provide suitable areas for intense retail commercial, office and mixed use developments which exceed 250,000 net square feet and which are designed and oriented to serve a regional market. The regulations which apply within this district are designed to encourage the formation of compatible and economically healthy business and service uses which benefit from close proximity to each other. As such, projects developed in the RRC district should be compact unified centers and must have direct access to either I-75, Cobb Parkway or SR 120 Loop.
B.
Permitted Uses.
1.
Adult establishments (subject to the requirements of Marietta Municipal Code Section 820-190).
2.
Ambulance services.
3.
Amphitheaters.
4.
Amusement and theme parks.
5.
Amusement centers and arcades, including billiards and pool halls.
6.
Animal hospitals, kennels and veterinary clinics.
a)
All structures shall be located and activities conducted at least 100 feet from any property zoned for residential purposes.
b)
All animals shall be located within an enclosed building and adequate sound and odor control shall be maintained.
6.
Animal grooming shops. All structures shall be located and activities conducted at least 100 feet from any property zoned for residential purposes.
7.
Athletic and health clubs.
8.
Automobile leasing or rentals.
a)
All vehicles shall be set back at least 10 feet from the street right-of-way line.
b)
Such use shall be at least 200 feet from any property zoned R-1, R-2, R-3, R-4, RA-4, RA-6, RA-8, RM-8, RM-10, RM-12, PRD-SF, or PRD-MF in the City of Marietta and any residentially zoned property in any other governmental jurisdiction.
c)
Vehicle leasing or rentals is not permitted on properties within Tier A of the Commercial Corridor Design Overlay District.
d)
Operable automobiles, which are inventory of the business, are not considered outdoor storage and are allowed on site for leasing or rental purposes.
9.
Automobile parts and tire store.
a)
There shall be no dismantling of vehicles on the premises to obtain auto parts.
b)
The only auto part installation that shall be permitted in connection with such use shall be the installation of tires and the installation of minor maintenance or accessory parts.
c)
Major auto repair shall not be permitted in connection with such uses. Minor repair and maintenance may be permitted provided such repair and maintenance shall be incidental to the normal up-keep of an automobile and shall be carried on entirely within an enclosed building.
10.
Automotive repair shops (including paint and body).
a)
Such use shall not be permitted within 200 feet of any property used for a school, park, playground or hospital.
b)
All activities shall be carried on entirely within an enclosed building.
c)
Such use shall not be established on a lot which is within 200 feet from any property zoned R-1, R-2, R-3, R-4, RA-4, RA-6, RA-8, RM-8, RM-10, RM-12, PRD-SF, or PRD-MF in the City of Marietta and any residentially zoned property in any other governmental jurisdiction.
d)
All outdoor storage must comply with the limitations specified under Subsection (G) of this section.
11.
Automobile service stations.
a)
All gasoline pumps, tanks and other service facilities shall be set back at least 20 feet from all property lines.
b)
Canopies over fuel islands shall not encroach within 15 feet of any property line.
c)
Minor automobile repair shall be allowed in conjunction with such use provided all such activities shall take place within an enclosed building.
d)
No outside storage or engine/body dismantling is allowed.
e)
Such use shall be at least 200 feet from any property zoned R-1, R-2, R-3, R-4, RA-4, RA-6, RA-8, RM-8, RM-10, RM-12, PRD-SF, or PRD-MF in the City of Marietta and any residentially zoned property in any other governmental jurisdiction.
12.
Automobile, trailer and boat sales.
a)
Minimum 2-acre lot size.
b)
All vehicles shall be set back at least 10 feet from the street right-of-way line.
c)
Such use shall be at least 200 feet from any property zoned R-1, R-2, R-3, R-4, RA-4, RA-6, RA-8, RM-8, RM-10, RM-12, PRD-SF, or PRD-MF in the City of Marietta and any residentially zoned property in any other governmental jurisdiction.
d)
Operable vehicles, inclusive of automobiles, trailers, and boats, which are inventory of the business, are not considered outdoor storage and are allowed on site for automobile, trailer, and boat sale purposes.
13.
Banks and financial institutions.
14.
Barber and beauty shops.
15.
Brew pubs (subject to Marietta Municipal Code Chapter 8-8, Alcoholic Beverages).
a)
Production shall be in a wholly enclosed building.
b)
Production space shall be limited subject to State law.
16.
Breweries including accessory tasting rooms (subject to Marietta Municipal Code Chapter 8-8, Alcoholic Beverages).
a)
Production shall be in a wholly enclosed building.
b)
Any building or structure established in connection with such use shall be set back not less than 50 feet from any residentially zoned property.
c)
Production space over 15,000 square feet shall require a Special Land Use [Permit] by the City Council subject to Section 712.01.
17.
Car maintenance facilities such as brake repair, installation of tires, tune-up shops, oil change services, emission stations and the like.
a)
All activities shall take place within an enclosed building.
b)
No outside storage or engine/body dismantling is allowed.
c)
Such use shall be at least 200 feet from any property zoned R-1, R-2, R-3, R-4, RA-4, RA-6, RA-8, RM-8, RM-10, RM-12, PRD-SF, or PRD-MF in the City of Marietta and any residentially zoned property in any other governmental jurisdiction.
18.
Carwashes.
19.
Clinics and health centers.
20.
Coin operated laundries and dry-cleaning pickup establishments.
21.
Coliseum, stadium. Minimum lot size of 5 acres.
22.
Commercial indoor and outdoor recreational uses.
23.
Commercial landscapers. Outdoor storage shall be located at least 200 feet from any property zoned single family residential and follow the restrictions outlined in paragraph G of this section.
24.
Community fairgrounds.
25.
Convenience stores. Such uses may include self-service fuel sales, provided:
a)
All gasoline pumps, tanks and other service facilities shall be set back at least 20 feet from all property lines.
b)
Canopies over fuel islands shall not encroach within 15 feet of any property line.
c)
No automotive repair is allowed.
26.
Copy centers.
27.
Cultural facilities. Art galleries, museums, theaters, libraries, and other uses similar in character to those listed.
28.
Day care centers and nursery schools, provided:
a)
Such use must obtain certification from the Georgia Department of Human Resources.
b)
Any outdoor play area shall be enclosed by a fence not less than 4 feet in height and located in the rear yard area of the principal building with a self-closing, self-latching gate.
29.
Distilleries, including accessory tasting rooms (subject to Marietta Municipal Code Chapter 8-8, Alcoholic Beverages).
a)
Production shall be in a wholly enclosed building.
b)
Any building or structure established in connection with such use shall be set back not less than 50 feet from any residentially zoned property.
c)
Production space over 15,000 square feet shall require a Special Land Use [Permit] by the City Council subject to Section 712.01.
30.
Dry cleaning utilizing petrochemicals.
a)
Such use shall not be established within 100 feet of any property used or zoned for residential purposes.
b)
No such plant may not serve more than 5 dry-cleaning pickup establishments other than itself.
31.
Eating and drinking establishments, including drive-in fast-food restaurants, but not including mobile retail food establishments. Outdoor dining facilities may encroach into required setbacks only upon approval from the Fire Department, Public Works Department and Planning and Zoning.
32.
Exterminating facilities.
33.
Farm and garden supply stores, including nurseries and greenhouses. Outdoor storage shall comply with the limitations specified under Subsection (G) of this section.
34.
Farmers' markets.
35.
Funeral homes. All structures shall be located, and activities conducted, at least 100 feet from any property zoned for residential purposes.
36.
Golf courses, club houses and golf/baseball driving ranges.
a)
The facility shall be enclosed by a wall or fence and buffer area of 10 feet in depth to screen adjacent property.
b)
Central loudspeakers are prohibited.
c)
Any building or structure established in connection with such use shall be set back not less than 100 feet from rear and side property lines.
37.
Grocery and food stores.
38.
Helicopter landing areas. Minimum 1 acre. Must be enclosed by a fence no less than 8 feet in height.
39.
Homeless shelters. Minimum 1 acre lot size.
a)
Such use shall be located at least 750 feet from residentially zoned property.
b)
Such use may not be established within 1,000 feet of any other shelter for the homeless.
c)
All facilities shall comply with the criteria established for residential uses as per Southern Building Code Congress International (SBCCI) as amended.
40.
Hospitals.
41.
Hotels and motels. Such use shall not be established within 150 feet of any property zoned for residential use.
42.
Lumber, hardware, paint, glass and wallpaper stores. Outdoor storage shall follow the restrictions outlined in paragraph G of this section.
43.
Medical and dental laboratories provided no chemicals are manufactured on site.
44.
Mini warehouses and self-storage facilities.
45.
Movie theaters.
46.
Non-automotive repair service centers.
47.
Parking lots and garages. Up to 75% of the gross floor area of the ground floor level may be devoted toward commercial use oriented towards pedestrian traffic.
48.
Pharmacies and drug stores.
49.
Places of assembly.
50.
Plumbing and heating equipment dealers. Outdoor storage shall follow the restrictions outlined in Paragraph G of this section. Such use shall be at least 100 feet from any property zoned for residential purposes.
51.
Printing services.
52.
Professional and general business offices. No outside storage is permitted.
53.
Radio, recording and television studios.
54.
Retail trade involving the sale of merchandise on the premises, provided no single tenant occupies more than 40,000 square feet. Appropriate uses include, but are not limited to:
a)
Book and video stores (non-adult).
b)
Camera shops.
c)
Florists.
d)
Drug stores.
e)
Gift shops.
f)
Toy stores.
g)
Pet grooming and supply shops.
h)
Jewelry stores.
i)
Furniture, home furnishings and equipment stores.
j)
Pawn shops.
k)
Office supplies.
l)
Sporting goods and hobbies.
m)
Apparel stores.
n)
Beverage shops.
All retail trade involving the sale of merchandise on the premises, where a single tenant occupies more than 40,000 square feet are subject to the following conditions:
1.
All exterior building elevations that face public streets and/or customer parking areas shall be designed so that there are no large expanses of blank walls. These building facades shall include architectural elements such as, but not limited to, doors, entry areas, display windows, pilasters, columns, horizontal and vertical offsets, material and color variations, decorative cornices, awnings, canopies, murals, and graphics. In order to assure conformance with this requirement, exterior-building elevations must be reviewed and approved as a part of the overall final site plan review process.
2.
Any roof or part thereof of a large retail establishment that is visible from a public right-of-way must conceal rooftop equipment such as HVAC units from the public view.
3.
Bulk sanitation containers shall be enclosed and have a solid gate. The enclosure shall be on all 4 sides and be constructed of material that is opaque and compatible with the design, materials and color sections of the principal building.
4.
Sidewalks, no less than 8 feet in width, shall be provided along the full length of the building along any facade featuring a customer entrance, and along any facade abutting public parking areas. No displays shall be placed within this 8-foot sidewalk width. Such sidewalks shall be located at least 6 feet from the facade of the building to provide planting beds for foundation landscaping, except where features such as arcades or entryways are part of the facade.
5.
Exterior finishes shall be primarily masonry, stone, or a combination of these. Exterior finishes that are plain concrete block, plain concrete, predominantly metal, plywood, split-faced block, sheet pressboard, and other similar materials are not allowed.
6.
All outdoor lighting shall be designed so as not to adversely impact surrounding uses, while also providing a sufficient level of illumination for access and security purposes. Such lighting shall not blink, flash, oscillate, or be of unusually high brightness. Also, parking areas shall be illuminated so as to provide appropriate visibility and security during hours of darkness.
7.
Sidewalks at least 8 feet in width shall be provided along all sides of the lot that abut a public street.
8.
Continuous internal pedestrian walkways, no less than 8 feet in width, shall be provided from the public sidewalk or right-of-way to the principal customer entrance of all large retail establishments on the site. At a minimum, sidewalks shall connect focal points of pedestrian activity such as, but not limited to, transit stops, street crossings, building and store entry points, and shall feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers, or other such materials for no less than 50% of the length of the walkway.
55.
Shopping centers and regional malls. All businesses and uses within these centers must be permissible within the district in their own right (and remain subject to any relevant distancing requirements) except dry cleaning plants utilizing petrochemicals. All loading areas shall be located to the rear. Car rental facilities shall be permitted provided they meet the following criteria:
a)
All vehicles must be stored or otherwise kept to the rear of the shopping center.
b)
No vehicle maintenance shall be performed on site except vacuuming and washing of vehicles.
c)
The number of vehicles stored or otherwise kept on site cannot exceed 20.
d)
All vehicles on site must be in good working order.
56.
Stations, bus or train terminals for passenger service.
57.
Taxi stands and dispatching agencies.
58.
Wineries, including accessory tasting rooms (subject to Marietta Municipal Code Chapter 8-8, Alcoholic Beverages).
a)
Production shall be in a wholly enclosed building.
b)
Any building or structure established in connection with such use shall be set back not less than 50 feet from any residentially zoned property.
c)
Production space over 15,000 square feet shall require a Special Land Use [Permit] by the City Council subject to Section 712.01.
59.
Zoos and other wildlife management facilities.
60.
Other uses which are substantially similar in character and impact to those uses enumerated above. Such uses must clearly meet the purpose and intent of this zoning district.
61.
Accessory uses and structures incidental to any legal permitted use.
C.
Temporary/Conditional Uses Allowed by the Director of the Department of Development Services.
1.
Certain temporary uses such as tent sales, sidewalk sales, or the sale of goods from any temporary location, including but not limited to, holiday sales, fireworks sales or Christmas tree sales, may be permitted within this district, provided:
a)
Written permission of the property owner is obtained.
b)
Such use does not last longer than 45 days consecutively.
c)
These uses are not located within 25 feet of any public right-of-way.
d)
Adequate parking, ingress and egress are provided on site.
e)
A temporary use permit is applied for and approved by the Director of the Department of Development Services.
f)
No more than 2 temporary use permits may be allowed per parcel for a total of 90 days annually.
(Leases for temporary sales existing at the time of revision to this ordinance will be honored until the expiration of the lease or until December 31, 2007, whichever is earlier.)
2.
Mobile retail food establishments shall be allowed on property zoned RRC according to the restrictions listed below:
a)
Written permission of the property owner is obtained.
b)
Such use does not last longer than 3 days consecutively and 12 days annually.
c)
These uses shall be located at least 50 feet from any property line and not within any public right-of-way or City owned property, unless otherwise authorized by the City.
d)
If property is within 50 feet of a residentially zoned parcel, measured property line to property line, then food truck operations shall cease at 9:00 p.m.
e)
Adequate paved parking, ingress and egress are provided on site.
f)
A temporary use permit is applied for and approved by the Director of the Department of Development Services.
g)
The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to mobile retail establishments; all such variance requests must be submitted to City Council. Variances for mobile food establishments shall be considered according to the criteria defined under Subsection 712.01(E).
D.
Special Uses Permitted by Board of Zoning Appeals. Not applicable in this district.
E.
Special Uses Permitted by City Council.
1.
[Reserved.]
2.
Telecommunications facilities (see standards set forth in Section 712.07).
3.
Extended stay hotels (see standards set forth in Section 712.03).
4.
Breweries, distilleries and wineries, including accessory tasting rooms (subject to Marietta Municipal Code Chapter 8-8, Alcoholic Beverages).
a)
Production shall be in a wholly enclosed building.
b)
Any building or structure established in connection with such use shall be set back not less than 50 feet from any residentially zoned property.
c)
Production space over 15,000 square feet shall require a Special Land Use [Permit] by the City Council subject to Section 712.01.
F.
Accessory Structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least 10 feet from side or rear lot lines. Accessory structures may not be located within 25 feet of any residential property. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
Any accessory building in excess of 1,500 square feet of gross space must meet the setback standards for a principal use and shall be architecturally compatible with the principal structure.
3.
When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
4.
No accessory building shall be constructed upon a lot before the principal building, nor shall it contain a greater floor area than the principal structure.
5.
No accessory structure may exceed the more restrictive of either 35 feet or the height of the principal building.
6.
Heating and air conditioning units may encroach 5 feet into the required rear or side setback.
7.
Recycling collection/drop off centers.
a)
No outside storage allowed.
b)
Container bins and/or donation boxes are limited to rear or side yards and must be located in such a manner as to be screened from view from the public right-of-way. When a business is located on a corner lot, container bins and/or donation boxes must be placed to the rear or interior side of the property such that the location is not visible from the right-of-way of any street.
c)
Container bins and/or donation boxes shall not be located within 50 feet of a structure utilized for detached single-family residential purposes.
d)
Location of container bins and/or donation boxes shall be approved by the Director of the Department of Development Services.
8.
Accessory structures utilizing canvas coverings, tarpaulins, sails, tents, or other nondurable materials, are considered temporary and are not permitted for long term use, as they do not meet the minimum requirements of the building code for an accessory structure. Such temporary accessory structures may only be utilized for a period not lasting longer than 14 days consecutively and 42 days annually.
G.
Use Limitations.
1.
Outdoor storage.
a)
A property zoned RRC cannot be used solely for outdoor storage but may have outdoor storage as an accessory to an allowable primary use.
b)
All outdoor storage areas must be located in the rear yard behind the principal structure and enclosed by a solid fence or wall no less than 6 feet in height to provide visual screening.
c)
A maximum of 25% of the total lot area may be used for such purposes.
d)
All outdoor storage must be located at least 50 feet from any property zoned for residential purposes and 25 feet from City right-of-way.
e)
No storage of wrecked or non-operative automobiles or trucks.
f)
No parts or waste materials shall be stored outside any building.
2.
Storage of portable sanitation units, portable chemical toilets or any other container intended to hold human waste is prohibited.
3.
No manufacturing processes are permitted.
4.
Building design and materials may be of the developer's choosing; however:
a)
Any façade of a building where any portion of that façade is visible from a roadway shall be constructed with a mixture of brick, stone, rock, wood, glass, cementitious siding, aluminum composite material (ACM) panels, or split-faced concrete block (defined as a concrete building unit which appears to have been hand-chiseled (or "split") to give it a textured look).
b)
The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to building design and materials, as contained in this paragraph; all such variance requests must be submitted to City Council for consideration.
H.
Bulk and Area Regulations.
I.
Landscape and Buffer Requirements. When a property in this district directly abuts any residential district, a 50-foot buffer shall be established. (see standards set forth in Section 710.05).
J.
Zoning Bonuses and Incentives. The following zoning incentives are designed to allow specific benefits to property owners, developers, and end users of a property and not for the purpose of circumventing any other provision of this chapter. If a specific bonus or incentive is determined to be contrary to any provision of this chapter, the city reserves the right to deny a specific bonus or incentive on that basis alone.
1.
If required parking is provided exclusively in the rear yard, then the required front yard setback may be reduced 50%.
2.
Where parking spaces are provided in on-site underground or deck parking, a bonus floor area of 350 square feet for each provided parking space shall be allowed.
3.
Any entity that retrofits an existing site without vehicular or pedestrian interconnection to provide permanent access to adjacent sites' parking and sidewalks shall be allowed a 10% reduction in required parking.
4.
All developments wherein the front door is located within 250 feet of a public transit stop shall be allowed a 10% reduction in required parking.
(Ord. No. 6534, 7/9/2003, § 13; Ord. No. 6728, 9/8/2004, § 1; Ord. No. 6737, 10/13/2004, § 12; Ord. No. 6753, 11/10/2004, § 10; Ord. No. 6955, 8/9/2006, § 2; Ord. No. 7094, 10/10/2007, § 3; Ord. No. 7095, 10/10/2007, § 3; Ord. No. 7671, 8/14/2013, § 3; Ord. No. 8116, 9/11/2019, §§ 19, 20; Ord. No. 8234, 10/13/2021, § 3; Ord. No. 8251, 1/12/2022, § 7; Ord. No. 8291, 7/13/2022, § 3; Ord. No. 8302, 9/14/2022, §§ 3, 4; Ord. No. 8364, 12/20/2023, §§ 4, 5; Ord. No. 8407, 10/9/2024, § 2; Ord. No. 8437, 2/12/2025, § 17)
708.18 - CBD, Central Business District.
A.
Purpose and Intent. The central business district (CBD) is intended to protect and promote suitable areas for business and commercial uses which benefit from proximity to each other, to encourage the eventual elimination of uses inappropriate to a central business area, and to encourage the intensive development of a centralized business center for the City of Marietta.
B.
Permitted Uses.
1.
Ambulance services.
2.
Amusement centers and arcades, including billiards and pool halls. All activities must take place wholly within a permanently enclosed building.
3.
Animal hospitals, kennels and veterinary clinics.
a)
All structures shall be located and activities conducted at least 100 feet from any property zoned for residential purposes.
b)
All animals shall be located within an enclosed building and adequate sound and odor control shall be maintained.
4.
Animal grooming shops. All structures shall be located and activities conducted at least 100 feet from any property zoned for residential purposes.
5.
Athletic and health clubs.
6.
Banks and financial institutions.
7.
Barber and beauty shops.
8.
Bed and breakfast inns, provided:
a)
The facility is operated by the resident-owner.
b)
The building and lot meet all applicable city and state code regulations, including minimum lot standards.
c)
A minimum of 1 parking space per rental room is provided in addition to those required for the resident.
d)
The structure contains more than 2,000 square feet of gross heated floor area.
9.
Brew pubs (subject to Marietta Municipal Code Chapter 8-8, Alcoholic Beverages).
a)
Production shall be in a wholly enclosed building.
b)
Production space shall be limited subject to State law.
10.
Breweries, including accessory tasting rooms (subject to Marietta Municipal Code Chapter 8-8, Alcoholic Beverages).
a)
Production shall be in a wholly enclosed building.
b)
Any building or structure established in connection with such use shall be set back not less than 50 feet from any residentially zoned property.
c)
Production space over 15,000 square feet shall require a Special Land Use by the City Council subject to Section 712.01.
11.
Clinics and health centers.
12.
Clubs and lodges, including assembly halls and conference centers. Such use may include office space where incidental to the principal use.
13.
Coin operated laundries and dry-cleaning pickup establishments.
14.
Convenience stores without gasoline or any other fuel sales.
15.
Copy centers.
16.
Cultural facilities. Art galleries, museums, legitimate theaters, libraries, and other uses similar in character to those listed.
17.
Day care centers and nursery schools, provided:
a)
Such use must obtain certification from the Georgia Department of Human Resources.
b)
Any outdoor play area shall be enclosed by a fence not less than 4 feet in height and located in the rear yard area of the principal building with a self-closing, self-latching gate.
18.
Distilleries, including accessory tasting rooms (subject to Marietta Municipal Code Chapter 8-8, Alcoholic Beverages).
a)
Production shall be in a wholly enclosed building.
b)
Any building or structure established in connection with such use shall be set back not less than 50 feet from any residentially zoned property.
c)
Production space over 15,000 square feet shall require a Special Land Use by the City Council subject to Section 712.01.
19.
Eating and drinking establishments, including drive-in fast-food restaurants, but not including mobile retail food establishments. Outdoor dining facilities may encroach into required setbacks only upon approval from the Fire Department, Public Works Department and Planning and Zoning.
20.
Exterminating facilities.
21.
Fuel and ice dealers.
22.
Funeral homes. All structures shall be located, and all activities conducted at least 100 feet from any property zoned for residential purposes.
23.
Grocery and food stores.
24.
Heliport.
a)
Minimum 1-acre lot size or located on the roof on a building greater than 1 story in height.
b)
Must be enclosed by a fence no less than 8 feet in height.
25.
Hospitals.
26.
Hotels and motels.
27.
Light assembly. Must be conducted in a wholly enclosed building, involving no outdoor storage of materials, equipment or items which generate noise, odors, or fumes which can be detected beyond the walls of the building in which housed.
28.
Linen and diaper services.
29.
Lumber, hardware, paint, glass and wallpaper stores. All activities shall be conducted within a wholly enclosed building and no outdoor storage is permitted.
30.
Medical and dental laboratories, provided chemicals are not manufactured on site.
31.
Mini warehouses and self-storage facilities.
a)
Such use must be within wholly enclosed building(s).
b)
No outdoor storage is permitted.
32.
Movie theaters.
33.
Non-automotive repair service centers. No activity which produces liquid effluent, odor, fumes or dust which can be detected beyond the walls of the building is permitted.
34.
Parking lots and garages. Up to 75% of the gross floor area of a parking garage's ground floor level may be devoted to commercial use oriented towards pedestrian traffic.
35.
Pharmacies and drug stores.
36.
Places of assembly.
37.
Printing services.
38.
Professional and general business offices. No outside storage is permitted.
39.
Public buildings and facilities, not to include storage yards.
40.
Radio, recording and television studios.
41.
Retail trade. Appropriate uses include, but are not limited to:
a)
Book and video stores (non-adult).
b)
Camera shops.
c)
Florists.
d)
Drug stores.
e)
Gift shops.
f)
Toy stores.
g)
Pet grooming and supply shops.
h)
Jewelry stores.
i)
Office supplies.
j)
Sporting goods and hobbies.
k)
Apparel stores.
l)
Furniture, home furnishings and equipment stores.
m)
Beverage shops.
42.
Stations, bus or train terminals for passenger service with minimum freight.
43.
Taxi stands and dispatching agencies.
44.
Veterinarian offices.
45.
Wholesale trade, packing, and distribution establishments within wholly enclosed building(s), and there shall be no outdoor storage of goods.
46.
Wineries, including accessory tasting rooms (subject to Marietta Municipal Code Chapter 8-8, Alcoholic Beverages).
a)
Production shall be in a wholly enclosed building.
b)
Any building or structure established in connection with such use shall be set back not less than 50 feet from any residentially zoned property.
c)
Production space over 15,000 square feet shall require a Special Land Use [Permit] by the City Council subject to Section 712.01.
47.
Accessory uses and structures incidental to any permitted use.
C.
Temporary/Conditional Uses Allowed by the Director.
1.
Mobile retail food establishment shall be allowed on property zoned CBD according to the restrictions listed below:
a)
Written permission of the property owner is obtained.
b)
Such use does not last longer than 3 days consecutively and 12 days annually.
c)
These uses shall not be located within any public right-of-way or City owned property, unless otherwise authorized by the City.
d)
If property is within 50 feet of a residentially zoned parcel, measured property line to property line, then food truck operations shall cease at 9:00 p.m.
e)
Adequate paved parking, ingress and egress are provided on site.
f)
A temporary use permit is applied for and approved by the Director of the Department of Development Services.
g)
The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to mobile retail establishments; all such variance requests must be submitted to City Council. Variances for mobile food establishments shall be considered according to the criteria defined under Subsection 712.01(E).
D.
Special Uses Permitted by Board of Zoning Appeals. Other uses which are substantially similar in character and impact to those uses enumerated above. Such uses must clearly meet the purpose and intent of this zoning district.
E.
Special Uses Permitted by City Council.
1.
Telecommunications facilities (see standards set forth in Section 712.07).
2.
Breweries, distilleries and wineries, including accessory tasting rooms (subject to Marietta Municipal Code Chapter 8-8, Alcoholic Beverages).
a)
Production shall be in a wholly enclosed building.
b)
Any building or structure established in connection with such use shall be set back not less than 50 feet from any residentially zoned property.
c)
Production space over 15,000 square feet shall require a Special Land Use [Permit] by the City Council subject to Section 712.01.
3.
Residential use.
a)
All units must be at least 1 story above street level. No units shall be allowed on the first floor or street level. Uses occupying the first floor or street level must be devoted to commercial activity, as identified in the above list of permitted uses, and oriented towards pedestrian traffic.
b)
One parking space per unit shall be provided on-site or within 1,000 feet from the entrance or exit of the building.
c)
Minimum floor area per dwelling units:
Efficiency—500 square feet.
1 bedroom—650 square feet.
2 bedroom—800 square feet.
3 bedroom—1,000 square feet.
F.
Accessory Structures. Not applicable in this district.
G.
Use Limitations.
1.
All outside storage areas must be screened by a solid fence no less than 6 feet in height. All outside storage areas must be screened by a solid fence no less than 6 feet in height. Storage of portable sanitation units, portable chemical toilets or any other container intended to hold human waste is prohibited.
2.
Building design and materials for structures located within the historic district as defined must be approved by the Marietta Historic Board of Review (see standards set forth in Article 7-8-8).
3.
Building design and materials for structures located outside of the historic district may be of the developer's choosing; however:
a)
Any façade of a building where any portion of that façade is visible from a roadway shall be constructed with a mixture of brick, stone, rock, wood, glass, cementitious siding, aluminum composite material (ACM) panels, or split-faced concrete block (defined as a concrete building unit which appears to have been hand-chiseled (or "split") to give it a textured look).
b)
The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to building design and materials, as contained in this paragraph; all such variance requests must be submitted to City Council for consideration.
4.
For any new development or construction in this district, parking is required as per Division 716 of this article for any structure except as stated herein. The number of spaces required will be calculated on the square footage occupied by the business exempting up to the first 15,000 square feet on street level. Notwithstanding anything to the contrary contained herein, parking for hotels and motels shall be calculated on the full square footage. Exempt are those structures on the blocks directly facing the Marietta City Square. Parking requirements may be met on the same parcel or on other parcels in the CBD that are designated and dedicated with sufficient parking to meet the requirements of the structure.
5.
Properties located within the CBD zoning district may also be within the Commercial Corridor Design Overlay District and/or the Marietta Historic District. Conflicts that may arise between the regulations of these districts shall be resolved as follows:
a)
Properties located within the CBD zoning district are exempt from the regulations of the Commercial Corridor Design Overlay District.
b)
Properties located within the Marietta Historic District are exempt from the regulations of the Commercial Corridor Design Overlay District.
c)
In cases where there is a conflict between the CBD zoning regulations and the Marietta Historic District regulations, the more restrictive shall apply.
H.
Bulk and Area Regulations.
1.
Maximum building height: 85 feet.
2.
For properties within the area identified on the Historic District Height Map:
Maximum height: 42 feet.
a)
For any property located within the area identified on the Historic District Height Map, no structure, building or appurtenance thereof shall exceed 42 feet in height. However, the height limit set forth in the first sentence hereof may be increased to 54 feet provided that there is a minimum step back of 12 feet. "Step back" is defined as a line, as measured only from the top floor of the structure, fixed parallel to the lot line, beyond which a building, or any projection thereof, cannot extend, excluding uncovered steps, terraces, stoops or similar fixtures. The step back in this instance shall be not less than 12 feet as measured from the face of the building (or measured from the lot line, whichever is greater) fronting along all public roadways. The floor height above shall be no taller than 12 feet.
3.
Building height shall be measured in accordance with the definition of "building height" contained in the Marietta City Zoning Code, which states:
Building height: The vertical distance from grade plane to the average height of the highest roof surface, excluding from such measurement any church spire, chimney, elevator shaft, HVAC equipment or equipment room, and any utilities. If the building has a parapet wall, the average height will be measured to the highest point of the parapet wall.
4.
Variances from the above height restrictions may be granted only by the Marietta City Council in its sole discretion.
5.
Other bulk and area standards are not applicable in this district.
I.
Landscape and Buffer Requirements. Not applicable in this district.
(Ord. No. 6149, 8/9/2000, § 1; Ord. No. 6157, 8/9/2000, § 1; Ord. No. 6180, 10/11/2000, § 1; Ord. No. 7156, 5/12/2008, § 29; Ord. No. 7671, 8/14/2013, § 4; Ord. No. 8116, 9/11/2019, §§ 21, 22; Ord. No. 8234, 10/13/2021, § 4; Ord. No. 8251, 1/12/2022, § 8; Ord. No. 8291, 7/13/2022, § 4; Ord. No. 8373, 2/14/2024, § 1)
Editor's note— Ord. No. 6157, adopted Aug. 9, 2000, and Ord. No. 6180, adopted Oct. 11, 2000, which amended various sections of Art. 7-8-8, provided for the following in section 10 of said ordinances: "This Ordinance shall not effect any application for Certificate of Approval filed on or before the date of the adoption of this ordinance."
708.19 - PCD, Planned Commercial Development.
A.
Purpose and Intent. The PCD district is intended to allow flexible site planning and building arrangements for business and commercial developments under a unified plan so that innovative land planning methods may be utilized which foster natural resource conservation and reduce traffic congestion. This may permit buildings to be clustered or arranged in an unconventional manner to maximize open space, create a pedestrian scale and other public benefits. All commercial building facades visible from a public street must be designed and constructed so as to meet the definition of 4-sided architecture, as defined in Section 724.02. In this district smaller lots than might otherwise be permitted under traditional zoning districts may be allowed; however, the purpose is not merely to allow smaller lots or reduce development requirements but to achieve other goals including the protection of sensitive environmental, historic, or aesthetic resources as well as the provision of site amenities such as parks, open space, walking trails, etc. The PCD district is not intended to encourage greater density of development, but rather to encourage ingenuity and resourcefulness in land planning techniques which result in industrial development patterns that conserve and recreate open space, reduce vehicle trips and provide quality developments which enhance the surrounding area.
B.
Permitted Uses. This district is designed to allow business/office parks and other commercial developments which are designed under a unified plan. The planned development should incorporate features such as coordinated transportation and parking networks, building design parameters and holistic landscaping themes. Allowable uses shall be adopted with the general plan or detailed plan.
C.
Temporary/Conditional Uses Allowed by the Director.
1.
Mobile retail food establishment shall be allowed on property zoned PCD according to the restrictions listed below:
a)
Written permission of the property owner is obtained.
b)
Such use does not last longer than 3 days consecutively and 12 days annually.
c)
These uses shall be located at least 50 feet from any property line and not within any public right-of-way or City owned property, unless otherwise authorized by the City.
d)
If property is within 50 feet of a residentially zoned parcel, measured property line to property line, then food truck operations shall cease at 9:00 p.m.
e)
Adequate paved parking, ingress and egress are provided on site.
f)
A temporary use permit is applied for and approved by the Director of the Department of Development Services.
g)
The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to mobile retail establishments; all such variance requests must be submitted to City Council for consideration.
D.
Special Uses Permitted by Board of Zoning Appeals. Not applicable in this district.
E.
Special Uses Permitted by City Council. Only those uses delineated in the approved general and detailed plans.
F.
Accessory Structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least 10 feet from side or rear lot lines. Accessory structures may not be located within 25 feet of any residential property. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
Any accessory building in excess of 1,500 square feet of gross space must meet the setback standards for a principal use and shall be architecturally compatible with the principal structure.
3.
When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
4.
No accessory building shall be constructed upon a lot before the principal building, nor shall it contain a greater floor area than the principal structure.
5.
No accessory structure may exceed the more restrictive of either 35 feet or the height of the principal building.
6.
Accessory structures utilizing canvas coverings, tarpaulins, sails, tents, or other nondurable materials, are considered temporary and are not permitted for long term use, as they do not meet the minimum requirements of the building code for an accessory structure. Such temporary accessory structures may only be utilized for a period not lasting longer than 14 days consecutively and 42 days annually.
G.
Use Limitations. All outside storage areas must be located in the rear yard and must be screened by a solid fence or wall no less than 6 feet in height. Storage of portable sanitation units, portable chemical toilets or any other container intended to hold human waste is prohibited.
H.
Bulk and Area Regulations.
I.
Landscape and Buffer Requirements. When a property in this district directly abuts a single-family residential district, a 50-foot greenbelt buffer shall be established. Such buffer must include a solid fence or wall no less than 6 feet in height. Stormwater retention facilities are not permitted within required buffers.
J.
Procedure for Establishment of Planned Development District.
1.
General Plan Filed. The owner or owners of the entire tract of land proposed to be included in the planned development districts shall file a general plan with a request for a change in zoning with the Planning Commission for consideration and referral to the City Council for recommendation. Said plan shall be submitted electronically to City staff in a digital format which meets or exceeds City standards and shall contain such information and representations required or deemed necessary by the City Council, Planning Commission and Public Works Director to permit proper review. Such information and representations must include, but is not limited to, the following:
a)
A statement describing why standard zoning districts are insufficient and how the proposed development conforms to those parameters and ideals set forth in the "Intent and Purpose" element of this district.
b)
The general method of development and operation of the proposed general plan.
c)
The boundaries of the tract of land included in the general plan, the computed area and the legal description thereof, the topography and other salient features of the tract by reference to a plat of survey prepared by a licensed land surveyor.
d)
The location and extent of existing and proposed public rights-of-way, easements and water and drainage courses bounding and within the tract included in the general plan by reference to a plan or drawing.
e)
A detailed list of allowable uses, or reference to permitted uses under a specific zoning category.
f)
The location and type of existing buildings and structures proposed to be retained or removed by reference to a plan or drawing.
g)
The general location of proposed buildings by reference to a plan or drawing and an indication of the use to be made of each building.
h)
Minimum standards for lot development including setbacks, distances between buildings and house sizes.
i)
Architectural, facade or material requirements.
j)
The maximum floor area designated for each use.
k)
The percentage of development maintained as open space and/or recreation areas and impervious surfaces.
l)
Preliminary tree protection plan and screening standards.
m)
Public transportation facilities or provisions (if any).
2.
Plan Reviewed. Said plan shall be reviewed by the Planning Commission and a determination made as to whether the proposed plan is consistent with the intent and standards of this district and whether the development of the tract serves the public welfare. Such determination shall be made after an analysis prepared by the Department of Development Services. Said analysis shall include, but is not limited to, the availability of public access and utilities to the tract, neighboring property uses, and the effect on the efficient delivery of City services. A recommendation by the Planning Commission relating to the proposed plan shall be transmitted to the City Council.
3.
Council Approval. The City Council, upon receiving the recommendation of the Planning Commission relating to a planned development proposal, shall proceed in accordance with the requirements of law to consider amendment of the zoning map. In the event the City Council approves the general plan and changes the zoning by passing the required amendments to the zoning map, the requirements of the plan shall constitute the zoning regulations for the district and the zoning maps shall be amended.
4.
Detailed Plan Filed. Prior to the installation of subdivision improvements, a detailed plan shall be reviewed and approved by the Mayor and Council. Detailed plans shall follow the procedure described in Section 728.04, preliminary plat and detailed plan application procedures. If approved, site development shall not be permitted in any segment of said tract until site development plans for the proposed improvements, prepared in accordance with Division 728.06, have been approved by City staff. The detailed plan shall include, but is not limited to, the following:
a)
The location and extent of public rights-of-way, easements and water and drainage courses bounding and within the tract included in the general plan by reference to a plan or drawing.
b)
Minimum standards for lot development.
c)
Open space and recreation area provisions (active and passive).
d)
Data requirements listed in Section 728.05.
e)
Detailed landscaping plan.
f)
Detailed architectural elevations of the proposed buildings. All commercial building facades visible from a public street must be designed so as to meet the definition of 4-sided architecture, as defined in Section 724.02.
5.
Plan Amendments. Pursuant to the same procedures and subject to the same limitations by which plans were approved and amendments to the Official Zoning Map adopted, such plans may be amended in whole or in part. Minor changes in use and intensity of use may not require an amendment to the general plan and may be submitted for approval in conjunction with the detailed plan.
(Ord. No. 5903, 10/14/98, § 1; Ord. No. 6737, 10/13/2004, § 13; Ord. No. 7111, 11/19/2007, § 3; Ord. No. 8116, 9/11/2019, § 23; Ord. No. 8251, 1/12/2022, § 9; Ord. No. 8414, 11/13/2024, § 3; Ord. No. 8437, 2/12/2025, § 18)
708.20 - MXD, Mixed-Use Development.
A.
Purpose and Intent. The MXD district is intended to allow flexible site planning and building arrangements for commercial, office and residential uses under a unified plan which fosters natural resource conservation and reduces traffic congestion. This may permit buildings and uses to be clustered or arranged in an unconventional manner to maximize open space, create a pedestrian scale and other public benefits. Plans should include a combination of related uses—residential, office, retail, entertainment, civic space, and/or government uses. Vertical integration is encouraged to maximize the use of land. In all cases, the site should be designed to be highly walkable, whereby the pedestrian experience is safe and enjoyable. Residential buildings must be designed and constructed so as to meet the definition of 4-sided architecture, as defined in Section 724.02. All commercial building facades visible from a public street must also be designed and constructed so as to meet the definition of 4-sided architecture, as defined in Section 724.02. In this district smaller lots than might otherwise be permitted under traditional zoning districts may be allowed; however, the purpose is not merely to allow smaller lots or reduce development requirements but to achieve other goals including the protection of sensitive environmental, historic, or aesthetic resources as well as the provision of site amenities such as parks, open space, walking trails, etc. The MXD district is not intended to encourage greater density of development, but rather to facilitate compatible commercial and non-commercial uses and provide quality developments which enhance the surrounding area. This district may also be utilized to foster the adaptive reuse of existing buildings.
B.
Permitted Uses. This district is designed to allow mixed-use developments which are designed under a unified plan. The planned development should incorporate features such as coordinated transportation and parking networks, building design parameters and holistic landscaping themes. No single-use development is permitted in MXD. A significant proportion of each use must be provided in the mix, with at least 30% of the total floor area of the development dedicated to residential use and 20% of the total floor area of the development dedicated to commercial or office use. The mixture of uses should ideally help provide people with the goods and services they need on a day-to-day basis. Quality mixes will help make efficient use of land and public infrastructure, for example by sharing the same parking area during different times of day, depending on the use, as described in Section 716.07(B).
1.
Allowable uses shall be adopted with the general plan or detailed plan in the form of a list or reference to permitted uses in an already established zoning district.
2.
Residential uses may include single-family detached homes, townhouses, and condominiums, provided:
a)
A mandatory homeowner's association shall be created that will be responsible for the upkeep and maintenance of all front yards and common areas including all fencing, landscaping, amenities and buffers, and shall include architectural control oversights for the development.
b)
"Four-sided architecture" is required, such that architectural features and materials shall be used in a consistent manner on all sides of the residential units. Materials to be used on exterior facades of all buildings shall include brick, stone, stucco (not EFS type) or fiber-cement siding, or combinations of those materials. No vinyl, aluminum or metallic siding may be used.
c)
All residential units shall be "for sale" only, and no more than 5% of all the homes within the residential development shall be allowed to be renter occupied at any time. A recital of this requirement shall be contained within the covenants to ensure enforcement. In addition, the homeowner's association or other governing body is hereby charged with the responsibility of enforcing this regulation on all homeowners and owners of lots and property in the development. The homeowner's association shall enforce this regulation to ensure compliance with City ordinances with both the initial owner of the property as well as all subsequent owners. Failure of the homeowner's association to require and achieve compliance may result in a penalty by the City of Marietta against the homeowner's association in the amount of $500.00.
d)
All single-family detached homes and townhouses shall have 2-car garages, and the parking pads/driveway in front of the garage shall be a minimum of 20 feet in length (measured from the back of sidewalk or back of curb when there is no sidewalk) in order to accommodate 2 additional cars. The garages shall be used for the parking and storage of vehicles and may not be enclosed to provide for additional residential space. A recital of this requirement shall be contained within the covenants to ensure enforcement.
e)
A guest parking area shall be provided at a ratio of 0.2 spaces per dwelling unit.
f)
The development shall comply with all recommendations from the City of Marietta Public Works Department with respect to hydrology, stormwater management, down stream considerations and any donation and/or conveyance of right-of-way that is deemed necessary.
g)
A 150-foot acceleration lane and a 150-foot deceleration lane with appropriate tapers shall be constructed, if required by the Public Works Department.
h)
A recreation area shall be provided at a ratio of 1 acre per 50 units (or a proportional percentage thereof) with a minimum of 10,000 square feet provided. Such area shall be developed with at least 1 passive recreational feature, such as a gazebo or picnic area, and at least 1 active recreational feature, such as a walking trail, swimming pool, playground or tennis courts. Active recreational areas must be outside of any floodplain area and located in such a manner that at least 75% of the townhouses are within 300 feet, as measured from the building footprints. Any recreation area, whether passive or active, must be located in an area with a slope of less than 15%; however, all recreation areas must meet ADA requirements for accessibility. Active recreational areas must be improved through the use of terracing or other techniques to provide a usable area, such that at least 25% of the entire recreational area shall have a slope of no greater than 3%.
C.
Temporary/Conditional Uses Allowed by the Director.
1.
Mobile retail food establishment shall be allowed on property zoned MXD according to the restrictions listed below:
a)
Written permission of the property owner is obtained.
b)
Such use does not last longer than 3 days consecutively and 12 days annually.
c)
These uses shall be located at least 25 feet from any property line and not within any public right-of-way or City owned property, unless otherwise authorized by the City.
d)
If property is within 50 feet of a residentially zoned parcel, measured property line to property line, then food truck operations shall cease at 9:00 p.m.
e)
Adequate paved parking, ingress and egress are provided on site.
f)
A temporary use permit is applied for and approved by the Director of the Department of Development Services.
g)
The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to mobile retail establishments; all such variance requests must be submitted to City Council. Variances for mobile food establishments shall be considered according to the criteria defined under Subsection 712.01(E).
D.
Special Uses Permitted by Board of Zoning Appeals. Not applicable in this district.
E.
Special Uses Permitted by City Council. Only those uses delineated in the approved general and detailed plans.
F.
Accessory Structures. Not applicable in this district.
G.
Use Limitations. All outside storage areas must be located in the rear yard and must be screened by a solid fence or wall no less than 6 feet in height. Storage of portable sanitation units, portable chemical toilets or any other container intended to hold human waste is prohibited.
H.
Bulk and Area Regulations.
I.
Landscape and Buffer Requirements. When a property in this district directly abuts a single-family residential district, a 10-foot greenbelt buffer shall be established. Such buffer must include a solid fence or wall no less than 6 feet in height. Stormwater management facilities are not permitted within required buffers.
J.
Procedure for Establishment of Planned Development District.
1.
General Plan Filed. The owner or owners of the entire tract of land proposed to be included in the planned development districts shall file a general plan with a request for a change in zoning with the Planning Commission for consideration and referral to the City Council for recommendation. Said plan shall be submitted electronically to City staff in a digital format which meets or exceeds City standards and shall contain such information and representations required or deemed necessary by the City Council, Planning Commission and Public Works Director to permit proper review. Such information and representations must include, but is not limited to, the following:
a)
A statement describing why standard zoning districts are insufficient and how the proposed development conforms to those parameters and ideals set forth in the "Intent and Purpose" element of this district.
b)
The general method of development and operation of the proposed general plan.
c)
The boundaries of the tract of land included in the general plan, the computed area and the legal description thereof, the topography and other salient features of the tract by reference to a plat of survey prepared by a licensed land surveyor.
d)
The location and extent of existing and proposed public rights-of-way, easements and water and drainage courses bounding and within the tract included in the general plan by reference to a plan or drawing.
e)
A detailed list of allowable uses, or reference to permitted uses under a specific zoning category.
f)
The location and type of existing buildings and structures proposed to be retained or removed by reference to a plan or drawing.
g)
The general location of proposed buildings by reference to a plan or drawing and an indication of the use to be made of each building.
h)
Dwelling unit density as defined in Section 724.02.
i)
Minimum standards for lot development including setbacks, distances between buildings and house sizes.
j)
Architectural, facade or material requirements.
k)
The maximum floor area designated for each use.
l)
The percentage of development maintained as open space and/or recreation areas and impervious surfaces.
m)
Preliminary tree protection plan and screening standards.
n)
Public transportation facilities or provisions (if any).
(2)
Plan Reviewed. Said plan shall be reviewed by the Planning Commission and a determination made as to whether the proposed plan is consistent with the intent and standards of this district and whether the development of the tract serves the public welfare. Such determination shall be made after an analysis prepared by the Department of Development Services. Said analysis shall include, but is not limited to, the availability of public access and utilities to the tract, neighboring property uses, and the effect on the efficient delivery of City services. A recommendation by the Planning Commission relating to the proposed plan shall be transmitted to the City Council.
(3)
Council Approval. The City Council, upon receiving the recommendation of the Planning Commission relating to a planned development proposal, shall proceed in accordance with the requirements of law to consider amendment of the zoning map. In the event the City Council approves the general plan and changes the zoning by passing the required amendments to the zoning map, the requirements of the plan shall constitute the zoning regulations for the district and the zoning maps shall be amended.
(4)
Detailed Plan Filed. Prior to the installation of subdivision improvements, a detailed plan shall be reviewed and approved by the Mayor and Council. Detailed plans shall follow the procedure described in Section 728.04, preliminary plat and detailed plan application procedures. If approved, site development shall not be permitted in any segment of said tract until site development plans for the proposed improvements, prepared in accordance with Division 728.06, have been approved by City staff. The detailed plan shall include, but is not limited to, the following:
a)
The location and extent of public rights-of-way, easements and water and drainage courses bounding and within the tract included in the general plan by reference to a plan or drawing.
b)
Minimum standards for lot development.
c)
Open space and recreation area provisions (active and passive).
d)
Data requirements listed in Section 728.05.
e)
Detailed landscaping plan.
f)
Detailed architectural elevations of the proposed buildings. Residential buildings must be designed and constructed so as to meet the definition of 4-sided architecture, as defined in Section 724.02. All commercial building facades visible from a public street must also be designed and constructed so as to meet the definition of 4-sided architecture, as defined in Section 724.02.
5.
Plan Amendments. Pursuant to the same procedures and subject to the same limitations by which plans were approved and amendments to the Official Zoning Map adopted, such plans may be amended in whole or in part. Minor changes in use and intensity of use may not require an amendment to the general plan and may be submitted for approval in conjunction with the detailed plan.
(Ord. No. 5903, 10/14/98, § 1; Ord. No. 6051, 10/13/99, § 1; Ord. No. 6916, 5/10/2006, § 1; Ord. No. 7111, 11/19/2007, § 4; Ord. No. 8116, 9/11/2019, § 24; Ord. No. 8194, 11/11/2020, § 9; Ord. No. 8251, 1/12/2022, § 10; Ord. No. 8414, 11/13/2024, § 4; Ord. No. 8448, 4/9/2025, § 3)
708.21 - OIT, Office Institution Transitional.
A.
Purpose and Intent. The OIT district is intended to provide protection to the residents of residential areas experiencing transition to other uses, primarily professional offices, by promoting the continued utilization of existing houses, discouraging demolition and permitting office uses which do not generate large volumes of traffic, noise or other harmful effects. The OIT district is differentiated from other office zonings in that it is designed to facilitate the reuse of existing structures previously utilized for residential purposes in contrast to new developments.
B.
Permitted Uses.
1.
Professional offices. Health practitioners are limited to 1,500 gross square feet.
2.
Private parks and playgrounds.
3.
Accessory uses and structures incidental to any permitted use.
C.
Temporary/Conditional Uses Allowed by the Director.
1.
Bed and breakfast inns, provided:
a)
The facility is operated by the resident-owner.
b)
The building and lot meet all applicable city and state code regulations, including minimum lot standards.
c)
A minimum of 1 parking space per rental room is provided in addition to those required for the resident.
d)
The structure contains more than 2,000 square feet of gross heated floor area.
2.
Mobile retail food establishment shall be allowed on property zoned OIT according to the restrictions listed below:
a)
Written permission of the property owner is obtained.
b)
Such use does not last longer than 3 days consecutively and 12 days annually.
c)
These uses shall be located at least 25 feet from any property line and not within any public right-of-way or city owned property, unless otherwise authorized by the city.
d)
If property is within 50 feet of a residentially zoned parcel, measured property line to property line, then food truck operations shall cease at 9:00 p.m.
e)
Adequate paved parking, ingress and egress are provided on site.
f)
A temporary use permit is applied for and approved by the Director of the Department of Development Services.
g)
The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to mobile retail establishments; all such variance requests must be submitted to City Council. Variances for mobile food establishments shall be considered according to the criteria defined under Subsection 712.01(E).
D.
Special Uses Permitted by Board of Zoning Appeals. Other uses which are substantially similar in character and impact to those uses enumerated above. Such uses must clearly meet the purpose and intent of this zoning district.
E.
Special Uses Permitted by City Council. Not applicable in this district.
F.
Accessory Structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least 5 feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
3.
No accessory building shall be constructed upon a lot before the principal building, nor shall it contain a greater floor area than the principal structure.
4.
No accessory structure may exceed the more restrictive of either 15 feet or the height of the principal building.
5.
Swimming pools must be enclosed by a fence not less than 5 feet in height with a self-closing, self-latching gate and must comply with all applicable safety and health ordinances.
6.
Heating and air conditioning units may encroach into the required rear or side setback.
7.
Accessory structures utilizing canvas coverings, tarpaulins, sails, tents, or other nondurable materials, are considered temporary and are not permitted for long term use, as they do not meet the minimum requirements of the building code for an accessory structure. Such temporary accessory structures may only be utilized for a period not lasting longer than 14 days consecutively and 42 days annually.
G.
Use Limitations.
1.
Residential facade, architecturally similar to adjacent buildings.
2.
The parking area shall be located in the rear yard at least 5 feet from the rear property line.
3.
Bulk and area requirements may be waived by the Director when an existing structure is converted to OIT use.
4.
Only existing structures previously utilized for residential purposes may be rezoned to OIT. A commercial certificate of occupancy must be obtained prior to any business license being issued.
5.
Lighting shall be established so that no direct light shall cast over any property line nor adversely affect neighboring properties.
H.
Bulk and Area Regulations.
I.
Landscape and Buffer Requirements. When a property in this district abuts a property zoned for residential purposes a solid fence or wall no less than 6 feet in height shall be provided and maintained between the use and the residential district. The type of fence must be approved by the Director of Planning and Zoning. Plantings may be approved in lieu of the required fence at the discretion of the Director. In no case shall the screening requirement be waived except when the required screening would be in front of the principal structures upon the subject and adjacent properties.
(Ord. No. 6502, 4/9/2003, § 1; Ord. No. 8116, 9/11/2019, § 25; Ord. No. 8199, 12/9/2020, § 14; Ord. No. 8437, 2/12/2025, § 19)
708.22 - LRO, Low Rise Office.
A.
Purpose and Intent. The LRO district is intended to provide suitable areas for small scale professional offices and other nonretail oriented commercial uses such as offices and day care centers. This district provides a step down from more intense uses and is ideally located between residential zonings and more intense uses.
B.
Permitted Uses.
1.
Banks and financial institutions, including those with drive-in services and automatic tellers.
2.
Cultural facilities.
3.
Day care centers and nursery schools, provided:
a)
Such use must obtain certification from the Georgia Department of Human Resources.
b)
Any outdoor play area shall be enclosed by a fence not less than 4 feet in height and located in the rear yard area of the principal building with a self-closing, self-latching gate.
4.
Drug abuse treatment centers (outpatient).
5.
Health service clinics.
6.
Offices, professional and general office. Maximum gross floor area of 15,000 square feet.
7.
Personal care facilities, provided:
a)
Such use must obtain all necessary local and state licenses.
b)
The maximum number of beds permitted shall not exceed 1 per 200 gross square feet.
8.
Other uses which are substantially similar in character and impact to those uses enumerated above. Such uses must clearly meet the purpose and intent of this zoning district.
9.
Accessory uses and structures incidental to any permitted use.
C.
Temporary/Conditional Uses Allowed by the Director.
1.
Mobile retail food establishment shall be allowed on property zoned LRO according to the restrictions listed below:
a)
Written permission of the property owner is obtained.
b)
Such use does not last longer than 3 days consecutively and 12 days annually.
c)
These uses shall be located at least 30 feet from any property line and not within any public right-of-way or City owned property, unless otherwise authorized by the City.
d)
If property is within 50 feet of a residentially zoned parcel, measured property line to property line, then food truck operations shall cease at 9:00 p.m.
e)
Adequate paved parking, ingress and egress are provided on site.
f)
A temporary use permit is applied for and approved by the Director of the Department of Development Services.
g)
The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to mobile retail establishments; all such variance requests must be submitted to City Council. Variances for mobile food establishments shall be considered according to the criteria defined under Subsection 712.01(E).
D.
Special Uses Permitted by Board of Zoning Appeals. Not applicable in this district.
E.
Special Uses Permitted by City Council.
1.
Drug abuse treatment centers (inpatient):
a)
Must attain all required state certifications.
b)
Maximum 20 beds per gross acre of development.
c)
Such use shall be located at least 750 feet from residentially zoned property.
F.
Accessory Structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least 10 feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
Any accessory building in excess of 1,000 square feet of gross space must meet the setback standards for a principal use and shall be architecturally compatible with the principal structure.
3.
When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
4.
No accessory building shall be constructed upon a lot before the principal building, nor shall it contain a greater floor area than the principal structure.
5.
No accessory structure may exceed the more restrictive of either 15 feet or the height of the principal building.
6.
Swimming pools must be enclosed by a fence not less than 4 feet in height with a self-closing, self-latching gate and must comply with all applicable safety and health ordinances.
7.
Heating and air conditioning units may encroach 5 feet into the required rear or side setback.
8.
Accessory structures utilizing canvas coverings, tarpaulins, sails, tents, or other nondurable materials, are considered temporary and are not permitted for long term use, as they do not meet the minimum requirements of the building code for an accessory structure. Such temporary accessory structures may only be utilized for a period not lasting longer than 14 days consecutively and 42 days annually.
G.
Use Limitations.
1.
No outside storage is permitted.
2.
Commercial vehicles parked on-site may be no larger than a step van.
3.
No laboratories or clinics are permitted.
4.
Lighting shall be established so that no direct light shall cast over any property line nor adversely affect neighboring properties.
5.
Building design and materials may be of the developer's choosing; however:
a)
Any facade of a building where any portion of that facade is visible from a roadway shall be constructed with a mixture of brick, stone, rock, wood, glass, cementitious siding, aluminum composite material (ACM) panels, or split-faced concrete block (defined as a concrete building unit which appears to have been hand-chiseled (or "split") to give it a textured look).
b)
The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to building design and materials, as contained in this paragraph; all such variance requests must be submitted to City Council for consideration.
H.
Bulk and Area Regulations.
I.
Landscape and Buffer Requirements. When a LRO district directly abuts an R-1, R-2, R-3, R-4, PRD-SF, RA-4, RA-6, or RA-8 district, a 30-foot buffer shall be established (see standards set forth in Section 710.05).
(Ord. No. 6149, 8/9/2000, § 2; Ord. No. 6534, 7/9/2003, § 14; Ord. No. 6737, 10/13/2004, § 14; Ord. No. 8116, 9/11/2019, § 26; Ord. No. 8199, 12/9/2020, § 15; Ord. No. 8229, 7/14/2021, § 7; Ord. No. 8234, 10/13/2021, § 5; Ord. No. 8437, 2/12/2025, § 20)
708.23 - OI, Office Institutional.
A.
Purpose and Intent. The OI district is intended to provide suitable areas for nonretail commercial uses such as offices and financial institutions, schools and clinics. This district is designed to support mid-sized office developments, banking and professional offices, hotels and other nonretail commercial activities.
B.
Permitted Uses.
1.
Animal hospitals and veterinary clinics.
a)
All structures shall be located, and activities conducted at least 100 feet from any property zoned for residential purposes.
b)
All animals shall be housed within an enclosed building and adequate sound and odor control shall be maintained.
2.
Places of assembly.
3.
Private parks and playgrounds.
4.
Banks and financial institutions, including those with drive-in services and automatic tellers.
5.
Cultural facilities.
6.
Day care centers and nursery schools, provided:
a)
Such use must obtain certification from the Georgia Department of Human Resources.
b)
Any outdoor play area shall be enclosed by a fence not less than 4 feet in height and located in the rear yard area of the principal building with a self-closing, self-latching gate.
7.
Drug abuse treatment centers (outpatient).
8.
Eating and drinking establishments, excluding drive-in fast food restaurants and mobile retail food establishments. Outdoor dining facilities may encroach into required setbacks only upon approval from the fire department, Public Works Department, and planning and zoning division. [2]
9.
Fraternity and sorority houses and residence halls.
10.
Funeral homes. Such use shall be at least 300 feet from any property zoned for residential purposes.
11.
Health service clinics (including accessory pharmacies).
12.
Hospitals.
13.
Hotels.
a)
Such use shall not be established within 300 feet of any property zoned for residential use.
b)
Maximum density of 100 guest units per acre.
14.
Medical and dental laboratories.
15.
Offices, professional and general business.
16.
Parking lots and parking garages as a primary use. Up to 50% of the gross floor area of the ground floor level may be devoted toward commercial use oriented towards pedestrian traffic.
17.
Public buildings and utilities.
18.
Radio, recording and television studio facilities.
19.
Sanitariums, rest and retirement homes, nursing homes, assisted living and personal care facilities.
a)
Must attain all required state certifications.
b)
Maximum 20 beds per gross acre of development.
20.
Schools, colleges and universities. Public and private.
a)
Minimum 5 acre lot size.
b)
Accessory uses may include food preparation and service, athletic facilities, residence halls, limited retail activities and any other use denoted as a permitted use within this subsection subject to such use being wholly accessory to the principal use.
21.
Other uses which are substantially similar in character and impact to those uses enumerated above. Such uses must clearly meet the purpose and intent of this zoning district.
22.
Accessory uses and structures incidental to any legal permitted use, provided:
a)
Retail sales and services must be conducted and accessed wholly within the building(s) housing the use to which the activities are accessory and are limited to the first 2 stories.
b)
No show window or other advertising shall be visible from the exterior of the primary use structure.
C.
Temporary/Conditional Uses Allowed by the Director.
1.
Mobile retail food establishments shall be allowed on property zoned OI according to the restrictions listed below:
a)
Written permission of the property owner is obtained.
b)
Such use does not last longer than 3 days consecutively and 12 days annually.
c)
These uses shall be located at least 30 feet from any property line and not within any public right-of-way or City owned property, unless otherwise authorized by the City.
d)
If property is within 50 feet of a residentially zoned parcel, measured property line to property line, then food truck operations shall cease at 9:00 p.m.
e)
Adequate paved parking, ingress and egress are provided on site.
f)
A temporary use permit is applied for and approved by the Director of the Department of Development Services.
g)
The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to mobile retail establishments; all such variance requests must be submitted to City Council. Variances for mobile food establishments shall be considered according to the criteria defined under Subsection 712.01(E).
D.
Special Uses Permitted by Board of Zoning Appeals. Not applicable in this district.
E.
Special Uses Permitted by City Council.
1.
Drug abuse treatment centers (inpatient).
a)
Must attain all required state certifications.
b)
Maximum 20 beds per gross acre of development.
c)
Such use shall be located at least 750 feet from residentially zoned property.
2.
Halfway houses (see standards set forth in Section 712.02).
a)
The structure meets all aspects of the Standard Housing Code including minimum dwelling space requirements.
b)
The operator obtains certification from the appropriate state licensing body.
c)
No other such facility is located within 1,000 feet as measured from property line to property line.
F.
Accessory Structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least 10 feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
Any accessory building in excess of 1,000 square feet of gross space must be at least 10 feet from any property line and architecturally compatible with the principal structure.
3.
When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
4.
No accessory building shall be constructed upon a lot before the principal building, nor shall it contain a greater floor area than the principal structure.
5.
No accessory structure may exceed the more restrictive of either 15 feet or the height of the principal building.
6.
Swimming pools must be enclosed by a fence not less than 5 feet in height with a self-closing, self-latching gate and must comply with all applicable safety and health ordinances.
7.
Heating and air conditioning units may encroach 5 feet into the required rear or side setback.
8.
Accessory structures utilizing canvas coverings, tarpaulins, sails, tents, or other nondurable materials, are considered temporary and are not permitted for long term use, as they do not meet the minimum requirements of the building code for an accessory structure. Such temporary accessory structures may only be utilized for a period not lasting longer than 14 days consecutively and 42 days annually.
G.
Use Limitations.
1.
No outside storage is permitted.
2.
No uses which emit odors, fumes or sounds are permitted.
3.
No kennels are permitted with veterinary clinics.
4.
Building design and materials may be of the developer's choosing; however:
a)
Any facade of a building where any portion of that facade is visible from a roadway shall be constructed with a mixture of brick, stone, rock, wood, glass, cementitious siding, aluminum composite material (ACM) panels, or split-faced concrete block (defined as a concrete building unit which appears to have been hand-chiseled (or "split") to give it a textured look).
b)
The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to building design and materials, as contained in this paragraph; all such variance requests must be submitted to City Council for consideration.
H.
Bulk and Area Regulations.
I.
Landscape and Buffer Requirements. When an OI district directly abuts an R-1, R-2, R-3, R-4, PRD-SF, RA-4, RA-6, or RA-8 district, a 30-foot buffer shall be established (see standards set forth in Section 710.05).
J.
Zoning Bonuses and Incentives. The following zoning incentives are designed to allow specific benefits to property owners, developers, and end users of a property and not for the purpose of circumventing any other provision of this ordinance. If a specific bonus or incentive is determined to be contrary to any provision of this ordinance, the City reserves the right to deny a specific bonus or incentive on that basis alone.
1.
If required parking is provided exclusively in the rear yard, then the required front yard setback may be reduced 50%.
2.
Where parking spaces are provided in on-site underground or deck parking, a bonus floor area of 350 square feet for each provided parking space shall be allowed.
3.
Any entity that retrofits an existing site without vehicular or pedestrian interconnection to provide permanent access to adjacent sites' parking and sidewalks shall be allowed a 10% reduction in required parking.
4.
All developments wherein the front door is located within 250 feet of a public transit stop shall be allowed a 10% reduction in required parking.
(Ord. No. 6149, 8/9/2000, § 3; Ord. No. 6534, 7/9/2003, § 15; Ord. No. 6737, 10/13/2004, § 15; Ord. No. 6753, 11/10/2004, § 11; Ord. No. 7881, 6/8/2016, §§ 5, 6; Ord. No. 7994, § 1, 12/13/2017; Ord. No. 8116, 9/11/2019, §§ 27, 28; Ord. No. 8199, 12/9/2020, § 16; Ord. No. 8234, 10/13/2021, § 6; Ord. No. 8437, 2/12/2025, § 21)
1 #20160309, 6/8/2016
2 #20170974, 12/13/2017
3 #20190284, 9/11/2019
708.24 - OS, Office Services.
A.
Purpose and Intent. The OS district is intended to provide suitable areas for office and business distribution/service facilities, and assembly processes which do not emit noise, vibration, smoke, gas, fumes, or odors and are located entirely within an enclosed building. This district is designed to support warehousing and distribution uses and light assembly uses.
B.
Permitted Uses.
1.
Administrative and distribution offices.
2.
Animal hospitals and veterinarian clinics.
a)
All structures shall be located and activities conducted at least 100 feet from any property zoned for residential purposes.
b)
All animals shall be housed within an enclosed building and adequate sound and odor control shall be maintained.
3.
Places of assembly.
4.
Athletic and health clubs.
5.
Colleges and universities, including accessory uses such as dormitories, stadiums and research facilities. Minimum 10 acre lot size. All standards set forth in the Southern Association of Colleges and Schools shall be met.
6.
Community fairs.
7.
Hotels and motels.
a)
Such use shall not be established within 300 feet of any property zoned for residential use.
b)
Maximum density of 100 guest units per acre.
8.
Offices, professional and general business.
9.
Health service clinics (including accessory pharmacies).
10.
Light assembly and fabrication. No activity which produces liquid effluent, odor, fumes or dust which can be detected beyond the walls of the building is permitted.
11.
Medical and dental laboratories, provided no chemicals are manufactured on-site.
12.
Office service and supply facilities (nonretail).
13.
Office/business parks.
14.
Parking lots and garages. Up to 50% of the gross floor area of a parking garage's ground floor level may be devoted toward commercial use oriented towards pedestrian traffic. If a surface parking lot abuts a single-family residential district, a 5-foot wide landscaped buffer with a solid fence or wall no less than 6 feet in height shall be provided.
15.
Public buildings and utilities.
16.
Public and private schools.
a)
Minimum 5 acre lot size.
b)
All standards set forth in the Southern Association of Colleges and Schools shall be met.
17.
Radio and television studio facilities.
18.
Recycling collection centers. Must comply with standards in Section 710.07.
19.
Sanitariums, rest and retirement homes, nursing homes, assisted living and personal care facilities.
a)
Must attain all required state certifications.
b)
Maximum 20 beds per gross acre of development.
20.
Shelters for the homeless.
a)
Minimum 1 acre lot size.
b)
Such use shall be located at least 750 feet from residentially zoned property.
c)
Such use may not be established within 1,000 feet of any other shelter for the homeless.
d)
All facilities shall comply with the criteria established for residential uses as per Southern Building Code Congress International (SBCCI) as amended.
21.
Vocational schools.
22.
Wholesale trade and distribution facilities, including office showrooms and display areas.
23.
Other uses which are substantially similar in character and impact to those uses enumerated above. Such uses must clearly meet the purpose and intent of this zoning district.
24.
Accessory uses and structures incidental to any legal permitted use, provided:
a)
Retail sales and services must be conducted and accessed wholly within the building(s) housing the use to which the activities are accessory and comprise no more than 10% of the gross floor area.
b)
No show window or other advertising shall be visible from the exterior of the primary use structure.
C.
Temporary/Conditional Uses Allowed by the Director.
1.
Mobile retail food establishments shall be allowed on property zoned OS according to the restrictions listed below:
a)
Written permission of the property owner is obtained.
b)
Such use does not last longer than 3 days consecutively and 12 days annually.
c)
These uses shall be located at least 50 feet from any property line and not within any public right-of-way or City owned property, unless otherwise authorized by the City.
d)
If property is within 50 feet of a residentially zoned parcel, measured property line to property line, then food truck operations shall cease at 9:00 p.m.
e)
Adequate paved parking, ingress and egress are provided on site.
f)
A temporary use permit is applied for and approved by the Director of the Department of Development Services.
g)
The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to mobile retail establishments; all such variance requests must be submitted to City Council. Variances for mobile food establishments shall be considered according to the criteria defined under Subsection 712.01(E).
D.
Special Uses Permitted by Board of Zoning Appeals. Not applicable in this district.
E.
Special Uses Permitted by City Council.
1.
Extended stay hotels (see standards set forth in Section 712.03).
[2.]
Telecommunications antennas and towers (see standards set forth in Section 712.07).
F.
Accessory Structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least 10 feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
Any accessory building in excess of 1,000 square feet of gross space must be setback 15 feet from any property line and architecturally compatible with the principal structure.
3.
When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
4.
No accessory building shall be constructed upon a lot before the principal building, nor shall it contain a greater floor area than the principal structure.
5.
No accessory structure may exceed the more restrictive of either 15 feet or the height of the principal building.
6.
Swimming pools must be enclosed by a fence not less than 4 feet in height with a self-closing, self-latching gate and must comply with all applicable safety and health ordinances.
7.
Heating and air conditioning units may encroach 5 feet into the required rear or side setback.
8.
Accessory structures utilizing canvas coverings, tarpaulins, sails, tents, or other nondurable materials, are considered temporary and are not permitted for long term use, as they do not meet the minimum requirements of the building code for an accessory structure. Such temporary accessory structures may only be utilized for a period not lasting longer than 14 days consecutively and 42 days annually.
G.
Use Limitations.
1.
No uses which emit odors, fumes or sounds are permitted.
2.
Outdoor storage.
a)
A property zoned OS cannot be used solely for outdoor storage but may have outdoor storage as an accessory to an allowable primary use.
b)
All outdoor storage areas must be located in the rear yard behind the principal structure and must be enclosed by a solid fence or wall no less than 6 feet in height to provide visual screening.
c)
A maximum of 25% of the total lot area may be used for such purposes.
d)
All outdoor storage must be located at least 50 feet from any property zoned for residential purposes and 25 feet from City right-of-way.
e)
No storage of wrecked or non-operative automobiles or trucks.
f)
No parts or waste materials shall be stored outside any building.
3.
Storage of portable sanitation units, portable chemical toilets or any other container intended to hold human waste is prohibited.
4.
No manufacturing processes are permitted.
5.
Building design and materials may be of the developer's choosing; however:
a)
Any façade of a building where any portion of that façade is visible from a roadway shall be constructed with a mixture of brick, stone, rock, wood, glass, cementitious siding, aluminum composite material (ACM) panels, or split-faced concrete block (defined as a concrete building unit which appears to have been hand-chiseled (or "split") to give it a textured look).
b)
The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to building design and materials, as contained in this paragraph; all such variance requests must be submitted to City Council for consideration.
H.
Bulk and Area Regulations.
I.
Landscape and Buffer Requirements. When an OS district directly abuts an R-1, R-2, R-3, R-4, PRD-SF, RA-4, RA-6, or RA-8 district, a 50-foot buffer shall be established (see standards set forth in Section 710.05).
(Ord. No. 6534, 7/9/2003, § 16; Ord. No. 6728, 9/8/2004, § 2; Ord. No. 6737, 10/13/2004, § 16; Ord. No. 6753, 11/10/2004, § 12; Ord. No. 8116, 9/11/2019, § 29; Ord. No. 8234, 10/13/2021, § 7; Ord. No. 8251, 1/12/2022, § 11; Ord. No. 8364, 12/20/2023, § 6; Ord. No. 8437, 2/12/2025, § 22)
708.25 - OHR, Office High Rise.
A.
Purpose and Intent. The OHR district is intended to provide suitable areas for uses such as offices, financial institutions and accessory sales and services in buildings over 5 stories in height.
B.
Permitted Uses.
1.
Places of assembly.
2.
Banks and financial institutions.
3.
Colleges and universities, including accessory uses such as dormitories, stadiums and research facilities.
a)
Minimum 10 acre lot size.
b)
All standards set forth in the Southern Association of Colleges and Schools shall be met.
4.
Cultural facilities.
5.
Day care centers and nursery schools, provided:
a)
Such use must obtain certification from the Georgia Department of Human Resources.
b)
Any outdoor play area shall be enclosed by a fence not less than 4 feet in height and located in the rear yard area of the principal building with a self-closing, self-latching gate.
c)
Such use is an secondary or ancillary use only.
6.
Health service clinics (including accessory pharmacies).
7.
Hospitals.
8.
Hotels.
9.
Medical and dental laboratories.
10.
Offices, professional and general business.
11.
Parking lots and garages. Up to 75% of the gross floor area of a parking garage's ground floor level may be devoted toward commercial use oriented towards pedestrian traffic. If a surface parking lot abuts a single-family residential district, a 5-foot wide landscaped buffer with a solid fence or wall no less than 6 feet in height shall be provided.
12.
Public buildings and utilities.
13.
Schools, public and private.
a)
Minimum 5 acre lot size.
b)
All standards set forth in the Southern Association of Colleges and Schools shall be met.
14.
Radio and television studio facilities.
15.
Other uses which are substantially similar in character and impact to those uses enumerated above. Such uses must clearly meet the purpose and intent of this zoning district.
16.
Accessory uses and structures incidental to any legal permitted use, provided:
a)
Retail sales and services must be conducted and accessed wholly within the building(s) housing the use to which the activities are accessory and are limited to the lowest 2 stories.
b)
Accessory parking garages may devote a minimum of 50% of the gross floor area of the ground floor level to commercial use oriented towards pedestrian traffic (no additional parking required).
c)
Notwithstanding commercial uses in parking garages, no show window or other advertising shall be visible from the exterior of the primary use structure.
C.
Temporary/Conditional Uses Allowed by the Director.
1.
Telecommunications facilities, accessory only (see standards set forth in Section 712.07).
2.
Mobile retail food establishments shall be allowed on property zoned OHR according to the restrictions listed below:
a)
Written permission of the property owner is obtained.
b)
Such use does not last longer than 3 days consecutively and 12 days annually.
c)
These uses shall be located at least 75 feet from any property line and not within any public right-of-way or City owned property, unless otherwise authorized by the City.
d)
If property is within 50 feet of a residentially zoned parcel, measured property line to property line, then food truck operations shall cease at 9:00 p.m.
e)
Adequate paved parking, ingress and egress are provided on site.
f)
A temporary use permit is applied for and approved by the Director of the Department of Development Services.
g)
The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to mobile retail establishments; all such variance requests must be submitted to City Council. Variances for mobile food establishments shall be considered according to the criteria defined under Subsection 712.01(E).
D.
Special Uses Permitted by Board of Zoning Appeals. Not applicable in this district.
E.
Special Uses Permitted by City Council.
1.
Extended stay hotels (see standards set forth in Section 712.03).
F.
Accessory Structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least 10 feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
Freestanding or attached parking garages are subject to the following conditions:
a.
Maximum height is 50 feet provided it is at least 20 feet shorter than the principal structure.
b.
When abutting any other nonresidential district there is no required setback from property lines.
c.
When abutting residential district such structures must be set back 5 feet from the required buffer.
d.
A minimum of 35% of the gross ground level floor area must be devoted toward commercial use oriented to pedestrian traffic.
3.
Any accessory building in excess of 1,500 square feet of gross space must be setback at least 20 feet from any property line and architecturally compatible with the principal structure.
4.
When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
5.
No accessory structure shall be constructed upon a lot before the principal structure.
6.
No accessory structure may exceed the more restrictive of either 15 feet or the height of the principal building.
7.
Swimming pools must be enclosed by a fence not less than 5 feet in height with a self-closing, self-latching gate and must comply with all applicable safety and health ordinances.
8.
Heating and air conditioning units may encroach 5 feet into the required rear or side setback.
9.
Accessory structures utilizing canvas coverings, tarpaulins, sails, tents, or other nondurable materials, are considered temporary and are not permitted for long term use, as they do not meet the minimum requirements of the building code for an accessory structure. Such temporary accessory structures may only be utilized for a period not lasting longer than 14 days consecutively and 42 days annually.
G.
Use Limitations.
1.
No outside storage is permitted.
2.
No uses which emit odors, fumes or sounds are permitted.
3.
Building design and materials may be of the developer's choosing; however:
a)
Any facade of a building where any portion of that facade is visible from a roadway shall be constructed with a mixture of brick, stone, rock, wood, glass, cementitious siding, aluminum composite material (ACM) panels, or split-faced concrete block (defined as a concrete building unit which appears to have been hand-chiseled (or "split") to give it a textured look).
b)
The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to building design and materials, as contained in this paragraph; all such variance requests must be submitted to City Council for consideration.
H.
Bulk and Area Regulations.
I.
Landscape and Buffer Requirements. When an OHR district directly abuts an R-1, R-2, R-3, R-4, PRD-SF, RA-4, RA-6, or RA-8 district, a 75-foot buffer shall be established (see standards set forth in Section 710.05).
J.
Zoning Bonuses and Incentives. The following zoning incentives are designed to allow specific benefits to property owners, developers, and end users of a property and not for the purpose of circumventing any other provision of this ordinance. If a specific bonus or incentive is determined to be contrary to any provision of this ordinance, the City reserves the right to deny a specific bonus or incentive on that basis alone.
1.
If required parking is provided exclusively in the rear yard, then the required front yard setback may be reduced 50%.
2.
Where parking spaces are provided in on-site underground or deck parking, a bonus floor area of 350 square feet for each provided parking space shall be allowed.
3.
Any entity that retrofits an existing site without vehicular or pedestrian interconnection to provide permanent access to adjacent sites' parking and sidewalks shall be allowed a 10% reduction in required parking.
4.
All developments wherein the front door is located within 250 feet of a public transit stop shall be allowed a 10% reduction in required parking.
(Ord. No. 6149, 8/9/2000, § 4; Ord. No. 6534, 7/9/2003, § 17; Ord. No. 6728, 9/8/2004, § 3; Ord. No. 6737, 10/13/2004, § 17; Ord. No. 6753, 11/10/2004, § 13; Ord. No. 8116, 9/11/2019, § 30; Ord. No. 8234, 10/13/2021, § 8; Ord. No. 8437, 2/12/2025, § 23)
708.26 - LI, Light Industrial.
A.
Purpose and Intent. The LI district is intended to provide suitable areas for business distribution/service facilities, transportation terminals and manufacturing/assembly processes which do not emit noise, vibration, smoke, gas, fumes, or odors from an enclosed building. These districts should have access to arterial roadways and utilities and discourage uses which are incompatible with light manufacturing. When located on the perimeter of an industrial node, the LI district should provide for uses that are low in intensity and scale to ensure compatibility with adjacent properties.
B.
Permitted Uses.
1.
Administrative and distribution offices including contractors' offices. All outdoor storage must comply with the limitations specified under Paragraph G. of this section.
2.
Adult establishments (subject to the requirements of Marietta Municipal Code Section 820-190).
3.
Agriculture and forestry, provided:
a)
All buildings used for livestock shall be set back not less than 200 feet from any property line.
b)
All animals shall be maintained at least 100 feet from any property line.
c)
Livestock and poultry rearing are not permitted on lots containing less than 2 acres.
d)
Abattoirs and hatcheries shall be located at least 300 feet from any property zoned for residential use.
4.
Ambulance services.
5.
Animal hospitals, kennels and veterinary clinics.
a)
All structures shall be located and activities conducted at least 100 feet from any property zoned for residential purposes.
b)
All animals shall be located within an enclosed building and adequate sound and odor control shall be maintained.
6.
Animal grooming shops. All structures shall be located and activities conducted at least 100 feet from any property zoned for residential purposes.
7.
Automobile service stations.
a)
All gasoline pumps, tanks and other service facilities shall be set back at least 20 feet from all property lines.
b)
Canopies over fuel islands shall not encroach within 15 feet of any property line.
c)
Minor automobile repair shall be allowed in conjunction with such use provided all such activities shall take place within an enclosed building.
d)
No outside storage or engine/body dismantling is allowed.
8.
Automobile, trailer, and boat sales/service.
a)
Minimum 1-acre lot size.
b)
All vehicles shall be set back at least 10 feet from the street right-of-way line.
c)
Such use shall be located at least 50 feet from any properties zoned for residential purposes.
d)
A solid fence or wall no less than 6 feet in height shall be maintained to provide a visual screening between the residential and commercial properties.
9.
Automotive repair shops (including paint and body).
a)
Such use shall not be permitted within 50 feet of any property used for a school, park, playground or hospital.
b)
All activities shall be carried on entirely within an enclosed building.
c)
Such use shall not be established on a lot which is adjacent to or directly across the street from any properties zoned or used for residential purposes.
d)
All outdoor storage must comply with the limitations specified under Paragraph G. of this section.
10.
Breweries, including accessory tasting rooms (subject to Marietta Municipal Code Chapter 8-8, Alcoholic Beverages).
a)
Production shall be in a wholly enclosed building.
b)
Any building or structure established in connection with such use shall be set back not less than 50 feet from any residentially zoned property.
11.
Car maintenance facilities such as brake repair, installation of tires, tune-up shops, oil change services, emission stations and the like.
a)
All activities shall take place within an enclosed building.
b)
No outside storage or engine/body dismantling is allowed.
12.
Carwashes.
13.
Coliseum, stadiums and amusement parks. Minimum 5-acre lot size.
a)
The facility shall be enclosed by a wall or fence and buffer area of 10 feet in depth to screen adjacent property.
b)
No building shall not be permitted within 500 feet of property zoned or used for residential purposes.
14.
Community fairs.
15.
Cultural facilities. Art galleries, museums, legitimate theaters, libraries, and other uses similar in character to those listed.
16.
Distilleries, including accessory tasting rooms (subject to Marietta Municipal Code Chapter 8-8, Alcoholic Beverages).
a)
Production shall be in a wholly enclosed building.
b)
Any building or structure established in connection with such use shall be set back not less than 50 feet from any residentially zoned property.
17.
Drive-in movie theater.
a)
The theater screen and all buildings shall be set back at least 50 feet from any property line.
b)
Central loudspeakers are prohibited.
c)
The theater screen shall not be visible from an interstate or arterial roadway.
18.
Dry cleaning plants.
a)
Such use shall be at least 300 feet from any property zoned or used for residential purposes.
b)
All applicable State, Federal and local codes must be met.
19.
Exterminating facilities.
20.
Farm and garden supply stores, including nurseries and greenhouses. Outdoor storage shall comply with the limitations specified under Paragraph G. of this section.
21.
Farmers markets.
22.
Fuel and ice dealers.
23.
Funeral homes. All structures shall be located, and activities conducted, at least 100 feet from any property zoned for residential purposes.
24.
Golf courses, club houses and golf/baseball driving ranges.
a)
The facility shall be enclosed by a wall or fence and buffer area of 10 feet in depth to screen adjacent property.
b)
Central loudspeakers are prohibited.
c)
Any building or structure established in connection with such use shall be set back not less than 100 feet from rear and side property lines.
25.
Greenhouse or plant nursery, commercial.
26.
Health service clinics (including accessory pharmacies).
27.
Heavy repair services and trade shops, including sheet metal, upholstering, plumbing, carpentry, sign painting and other similar activities.
28.
Helicopter landing areas. Minimum 1 acre. Must be enclosed by a fence or wall no less than 8 feet in height.
29.
Industrial/warehouse parks.
30.
Light assembly and fabrication. No activity which produces liquid effluent, odor, fumes or dust which can be detected beyond the walls of the building is permitted.
31.
Light manufacturing establishments.
a)
Maximum lot size of 5 acres.
b)
No activity which produces liquid effluent, odor, fumes or dust which can be detected beyond the walls of the building is permitted.
32.
Movie theaters.
33.
Newspaper publishing facilities.
34.
Office service and supply facilities (non-retail).
35.
Outdoor advertising services. Includes the construction, repair, and maintenance of outdoor advertising signs. All non-storage activities shall be conducted within an enclosed building. Outdoor storage as an accessory use must comply with the limitations specified under Paragraph G. of this section.
36.
Outdoor storage facilities, excluding junk and salvage yards (see standards set forth in Section 710.08) as a primary use. Outdoor storage as an accessory use must comply with the limitations specified under Paragraph G. of this section.
a)
Such use shall be enclosed by an opaque fence or wall no less than 6 feet in height which provides continuous visual screening.
b)
No repair or other such activity shall be conducted.
c)
No open storage of wrecked or non-operative automobiles or trucks.
d)
No parts or wasted materials shall be stored outside any building.
e)
Such use shall be at least 50 feet from any property zoned or used for residential purposes and 25 feet from City right-of-way.
37.
Parking lots and garages.
38.
Places of assembly.
39.
Printing services.
40.
Private parks and playgrounds.
41.
Public buildings and utilities.
42.
Radio and television studio facilities.
43.
Rail, bus and transit stations.
44.
Recreation and entertainment facilities, commercial. All activities must take place in a wholly enclosed building.
45.
Recycling collection centers (see standards set forth in Section 710.08).
46.
Research laboratories including medical and dental labs.
47.
Taxi stands and dispatching agencies.
48.
Vocational schools.
49.
Warehousing, including commercial mini warehouses.
50.
Wholesale trade and distribution facilities, including office showrooms and display areas.
51.
Wineries, including accessory tasting rooms (subject to Marietta Municipal Code Chapter 8-8, Alcoholic Beverages).
a)
Production shall be in a wholly enclosed building.
b)
Any building or structure established in connection with such use shall be set back not less than 50 feet from any residentially zoned property.
52.
Other uses which are substantially similar in character and impact to those uses enumerated above. Such uses must clearly meet the purpose and intent of this zoning district.
53.
Accessory uses and structures incidental to any legal permitted use, provided:
a)
Retail sales and services must be conducted and accessed wholly within the building(s) housing the use to which the activities are accessory and comprise no more than 10% of the gross floor area.
b)
No show window or other advertising shall be visible from the exterior of the primary use structure.
C.
Temporary/Conditional Uses Allowed by the Director.
1.
Mobile retail food establishments shall be allowed on property zoned LI according to the restrictions listed below:
a)
Written permission of the property owner is obtained.
b)
Such use does not last longer than 3 days consecutively and 12 days annually.
c)
These uses shall be located at least 50 feet from any property line and not within any public right-of-way or City owned property, unless otherwise authorized by the City.
d)
If property is within 50 feet of a residentially zoned parcel, measured property line to property line, then food truck operations shall cease at 9:00 p.m.
e)
Adequate paved parking, ingress and egress are provided on site.
f)
A temporary use permit is applied for and approved by the Director of the Department of Development Services.
g)
The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to mobile retail establishments; all such variance requests must be submitted to City Council. Variances for mobile food establishments shall be considered according to the criteria defined under Subsection 712.01(E).
D.
Special Uses Permitted by Board of Zoning Appeals. Not applicable in this district.
E.
Special Uses permitted by City Council.
1.
[Reserved.]
2.
Automobile storage yards and wrecker services for damaged or confiscated vehicles.
a)
Such use shall not be permitted within 50 feet of any property used for a school, park, playground or hospital.
b)
Such use shall not be established on a lot which is adjacent to or directly across the street from any single family residential district.
c)
All outdoor storage must be to the rear of the principal structure and enclosed by an opaque fence no less than 8 feet in height.
3.
Indoor BB/air rifle shooting ranges operated by educational, civic or non-profit organizations (see standards set forth in Section 712.01).
a)
All activities must take place in a wholly enclosed building with walls constructed of brick, concrete or masonry.
b)
No weapons other than BB/air rifles with a caliber of 0.177 or less, and a muzzle velocity of no more than 450 feet per second shall be allowed.
4.
Outdoor storage of portable sanitation units, portable chemical toilets or any other container intended to hold human waste.
a)
Such use shall be enclosed by an opaque wall or fence no less than 6 feet in height which provides continuous visual screening.
b)
Units shall be adequately covered to prevent any wastewater infiltration into the ground or storm drains and must comply with the current stormwater prevention, illicit discharge, and illegal connection ordinances.
c)
The washing of units or any related equipment must be performed in a wash bay designed to capture and pretreat wastewater before being discharged into the sanitary sewer and must comply with the current plumbing code.
d)
Such use shall be at least 50 feet from any property zoned or used for residential purposes.
5.
Recovered materials (recycling) processing facility.
6.
Scrap metal, iron, or steel collection/recovery.
7.
Telecommunications facilities (see standards set forth in Section 712.07).
8.
Truck terminals. Minimum 5 acres. All structures shall be located and activities conducted (including parking) at least 300 feet from any property zoned for residential purposes.
F.
Accessory Structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least 15 feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
Any accessory building in excess of 2,000 square feet of gross space must meet the setback standards for a principal use and shall be architecturally compatible with the principal structure.
3.
When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
4.
No accessory structure shall be constructed upon a lot before the principal structure.
5.
No accessory structure may exceed the more restrictive of either 20 feet or the height of the principal building, except that height limitations do not apply to silos, storage tanks, and other such structures, provided that when such structures are located within 100 feet from any property zoned for residential purposes, then the maximum height of all such structures is limited to 50 feet.
6.
Swimming pools must be enclosed by a fence not less than 4 feet in height with a self-closing, self-latching gate and must comply with all applicable safety and health ordinances.
7.
Heating and air conditioning units may encroach 5 feet into the required rear or side setback.
8.
Accessory structures utilizing canvas coverings, tarpaulins, sails, tents, or other nondurable materials, are considered temporary and are not permitted for long term use, as they do not meet the minimum requirements of the building code for an accessory structure. Such temporary accessory structures may only be utilized for a period not lasting longer than 14 days consecutively and 42 days annually.
G.
Use Limitations.
1.
Outdoor storage as an accessory use:
a)
All outdoor storage areas must be located in the rear yard behind the principal structure and enclosed by a solid fence or wall no less than 6 feet in height to provide visual screening.
b)
A maximum of 50% of the total lot area may be used for such purposes.
c)
All outdoor storage must be located at least 50 feet from any property zoned for residential purposes and 25 feet from City right-of-way.
d)
No storage of wrecked or non-operative automobiles or trucks.
e)
No parts or waste materials shall be stored outside any building.
2.
Building design and materials may be of the developer's choosing; however:
a)
Any façade of a building where any portion of that façade is visible from a roadway shall be constructed with a mixture of brick, stone, rock, wood, glass, cementitious siding, aluminum composite material (ACM) panels, or split-faced concrete block (defined as a concrete building unit which appears to have been hand-chiseled (or "split") to give it a textured look).
b)
However, metal siding may be used on building façades in areas zoned LI that are not visible from an arterial or collector roadway.
c)
The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to building design and materials, as contained in this paragraph; all such variance requests must be submitted to City Council for consideration.
H.
Bulk and Area Regulations.
I.
Landscape and Buffer Requirements. When an LI district directly abuts any residential district, a 50-foot buffer shall be established (see standards set forth in Section 710.05). All loading docks shall be screened by either landscaping or a stabilized berm.
(Ord. No. 6100, 3/8/2000, § 1; Ord. No. 6104, 3/8/2000, § 1; Ord. No. 6534, 7/9/2003, § 18; Ord. No. 6737, 10/13/2004, § 18; Ord. No. 6753, 11/10/2004, § 14; Ord. No. 7232, 9/10/2010, §§ 1, 2; Ord. No. 7671, 8/14/2013, § 5; Ord. No. 7840, 9/9/2015, § 4; Ord. No. 8116, 9/11/2019, § 31; Ord. No. 8234, 10/13/2021, § 9; Ord. No. 8251, 1/12/2022, § 12; Ord. No. 8302, 9/14/2022, §§ 5, 6; Ord. No. 8364, 12/20/2023, §§ 7, 8; Ord. No. 8437, 2/12/2025, § 24)
708.27 - HI, Heavy Industrial.
A.
Purpose and Intent. The HI district is intended to provide suitable areas for major manufacturing processing, warehousing and research facilities which require open storage and large amounts of land. Typical heavy industrial uses include manufacturing, chemical manufacturing and storage, petrochemical refining and storage, mining and other land uses which may affect the environment. These districts should have access to major streets and utilities and discourage uses which are incompatible. When located on the perimeter of an industrial node, the HI district should provide for uses that are lower in intensity and scale to ensure compatibility with adjacent properties.
B.
Permitted Uses.
1.
Administrative and distribution offices including contractor's offices. All outdoor storage must comply with the limitations specified under Paragraph G. of this section.
2.
Adult establishments (subject to the requirements of Marietta Municipal Code 8-20-190).
3.
Agriculture and forestry, provided:
a)
All buildings used for livestock shall be set back not less than 200 feet from any property line.
b)
All animals shall be maintained at least 100 feet from any property line.
c)
Livestock and poultry uses are not permitted on lots containing less than 2 acres.
d)
Abattoirs and hatcheries shall be located at least 300 feet from any property zoned for residential use.
4.
Ambulance services.
5.
Animal grooming shops. All structures shall be located, and activities conducted, at least 100 feet from any property zoned for residential purposes.
6.
Animal hospitals, kennels and veterinary clinics.
a)
All structures shall be located and activities conducted at least 100 feet from any property zoned for residential purposes.
b)
All animals shall be located within an enclosed building and adequate sound and odor control shall be maintained.
7.
Assembly and fabrication.
8.
Automobile, trailer and boat sales/service.
a)
Minimum 1-acre lot size.
b)
All vehicles shall be set back at least 10 feet from the street right-of-way line.
c)
Such use shall be located at least 50 feet from any properties zoned for residential purposes.
d)
A solid fence or wall no less than 6 feet in height shall be maintained to provide a visual screening between the residential and commercial properties.
9.
Automobile service stations.
a)
All gasoline pumps, tanks and other service facilities shall be set back at least 20 feet from all property lines.
b)
Canopies over fuel islands shall not encroach within 15 feet of any property line.
c)
Minor automobile repair shall be allowed in conjunction with such use provided all such activities shall take place within an enclosed building.
d)
No outside storage or engine/body dismantling is allowed.
10.
Automotive repair shops (including paint and body).
a)
Such use shall not be permitted within 50 feet of any property used for a school, park, playground, or hospital.
b)
All activities shall be carried on entirely within an enclosed building.
c)
Such use shall not be established on a lot which is adjacent to or directly across the street from any properties zoned or used for residential purposes.
d)
All outdoor storage must comply with the limitations specified under Paragraph G. of this section.
11.
Breweries, including accessory tasting rooms (subject to Marietta Municipal Code Chapter 8-8, Alcoholic Beverages).
a)
Production shall be in a wholly enclosed building.
b)
Any building or structure established in connection with such use shall be set back not less than 50 feet from any residentially zoned property.
12.
Car maintenance facilities such as brake repair, installation of tires, tune-up shops, oil change services, emission stations and the like.
a)
All activities shall take place within an enclosed building.
b)
No outside storage or engine/body dismantling is allowed.
13.
Carwashes.
14.
Coliseum, stadium. 5-acre minimum lot size.
15.
Community fairs.
16.
Distilleries, including accessory tasting rooms (subject to Marietta Municipal Code Chapter 8-8, Alcoholic Beverages).
a)
Production shall be in a wholly enclosed building.
b)
Any building or structure established in connection with such use shall be set back not less than 50 feet from any residentially zoned property.
17.
Drive-in movie theater.
a)
The theater screen and all buildings shall be set back at least 50 feet from any property line.
b)
Central loudspeakers are prohibited.
c)
The theater screen shall not be visible from an interstate or arterial roadway.
18.
Dry cleaning plants.
a)
Such use shall be at least 300 feet from any property zoned or used for residential purposes.
b)
All applicable state, federal and local codes must be complied with.
19.
Exterminating facilities.
20.
Farm and garden supply stores, including nurseries and greenhouses. Outdoor storage shall comply with the limitations specified under Paragraph G. of this section.
21.
Farmers markets.
22.
Fuel and ice dealers.
23.
Funeral homes. All structures shall be located, and activities conducted, at least 100 feet from any property zoned for residential purposes.
24.
Greenhouse or nursery, commercial.
25.
Heavy repair services and trade shops, including sheet metal, upholstering, plumbing, carpentry, sign painting and other similar activities.
26.
Helicopter landing areas. Minimum 1 acre. Must be enclosed by a fence no less than 8 feet in height.
27.
Manufacturing establishments involving the conversion of raw materials into useable finished products, provided that any manufacturing process which generates liquid waste complies with all local, State and Federal pollution standards.
28.
Newspaper publishing facilities.
29.
Office service and supply facilities (non-retail).
30.
Outdoor advertising services. Includes the construction, repair, and maintenance of outdoor advertising signs. All non-storage activities shall be conducted within an enclosed building. Outdoor storage as an accessory use must comply with the limitations specified under Paragraph G. of this section.
31.
Outdoor storage facilities, excluding junk and salvage yards, shall be permitted in compliance with Section 710.08, as a primary use. Outdoor storage as an accessory use must comply with the limitations specified under Paragraph G. of this section.
a)
Such use shall be enclosed by a solid fence or wall no less than 6 feet in height which provides continuous visual screening.
b)
No repair or other such activity shall be conducted.
c)
No storage of wrecked or non-operative automobiles or trucks.
d)
No parts or wasted materials shall be stored outside any building.
e)
Such use shall be at least 50 feet from any property zoned or used for residential purposes and 25 feet from City right-of-way.
32.
Parking lots and garages.
33.
Places of assembly.
34.
Printing services.
35.
Private parks and playgrounds.
36.
Public buildings and utilities.
37.
Radio and television studio facilities.
38.
Rail, bus and transit stations.
39.
Rail yards. Minimum 10 acres.
40.
Recreation and entertainment facilities, commercial. AU activities must take place in a wholly enclosed building.
41.
Recycling collection centers. Outdoor storage shall be in compliance with Section 710.08.
42.
Research laboratories including medical and dental labs.
43.
Taxi stands and dispatching agencies.
44.
Tire retreading and recapping.
45.
Warehousing.
46.
Wholesale trade and distribution facilities, including office showrooms and display areas.
47.
Vocational schools.
48.
Wineries, including accessory tasting rooms (subject to Marietta Municipal Code Chapter 8-8, Alcoholic Beverages).
a)
Production shall be in a wholly enclosed building.
b)
Any building or structure established in connection with such use shall be set back not less than 50 feet from any residentially zoned property.
50.
Other uses which are substantially similar in character and impact to those uses enumerated above. Such uses must clearly meet the purpose and intent of this zoning district.
51.
Accessory uses and structures incidental to any legal permitted use, provided:
a)
Retail sales and services must be conducted and accessed wholly within the building(s) housing the use to which the activities are accessory and comprise no more than 10% of the gross floor area.
b)
No show window or other advertising shall be visible from the exterior of the primary use structure.
C.
Temporary/Conditional Uses Allowed by the Director.
1.
Mobile retail food establishments shall be allowed on property zoned HI according to the restrictions listed below:
a)
Written permission of the property owner is obtained.
b)
Such use does not last longer than 3 days consecutively and 12 days annually.
c)
These uses shall be located at least 50 feet from any property line and not within any public right-of-way or City owned property, unless otherwise authorized by the City.
d)
If property is within 50 feet of a residentially zoned parcel, measured property line to property line, then food truck operations shall cease at 9:00 p.m.
e)
Adequate paved parking, ingress and egress are provided on site.
f)
A temporary use permit is applied for and approved by the Director of the Department of Development Services.
g)
The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to mobile retail establishments; all such variance requests must be submitted to City Council. Variances for mobile food establishments shall be considered according to the criteria defined under Subsection 712.01(E).
D.
Special Uses Permitted by Board of Zoning Appeals. Not applicable in this district.
E.
Special Uses Permitted by City Council.
1.
[Reserved.]
2.
Asphalt or concrete plants.
3.
Automobile salvaging and wrecking yards.
4.
Automobile storage yards and wrecker services for damaged or confiscated vehicles.
a)
Such use shall not be permitted within 50 feet of any property used for a school, park, playground or hospital.
b)
Such use shall not be established on a lot which is adjacent to or directly across the street from any single family residential district.
c)
All outdoor storage must be to the rear of the principal structure and enclosed by an opaque fence no less than 8 feet in height.
5.
Chipping, grinding, or reduction of materials, stumps, trees, limbs, construction debris, glass, concrete, asphalt, rock, etc.
6.
Composting facilities.
7.
Indoor BB/air rifle shooting ranges operated by educational, civic or non-profit organizations (see standards set forth in Section 712.01).
a)
All activities must take place in a wholly enclosed building with walls constructed of brick, concrete or masonry.
b)
No weapons other than BB/air rifles with a caliber of 0.177 or less, and a muzzle velocity of no more than 450 feet per second shall be allowed.
8.
Petroleum and petrochemical refining and storage. All structures (excluding offices) shall be located at least 100 feet from any property line and 200 feet from any residentially zoned or used property.
9.
Private landfills.
10.
Mining (quarries).
a)
The extraction of dirt, sand or soil shall not be established within 500 feet of a residential use or 200 feet of any other use.
b)
The extraction of rock and gravel shall not be established within 4,000 feet of a residential use or 2,000 feet of any other use.
c)
The removal area shall be enclosed by a fence no less than 8 feet in height to prevent access by the general public. This fence shall be locked during non-business hours.
11.
Outdoor storage of portable sanitation units, portable chemical toilets or any other container intended to hold human waste.
a)
Such use shall be enclosed by an opaque wall or fence no less than 6 feet in height which provides continuous visual screening.
b)
Units shall be adequately covered to prevent any wastewater infiltration into the ground or storm drains and must comply with the current stormwater prevention, illicit discharge, and illegal connection ordinances.
c)
The washing of units or any related equipment must be performed in a wash bay designed to capture and pretreat wastewater before being discharged into the sanitary sewer and must comply with the current plumbing code.
d)
Such use shall be at least 50 feet from any property zoned or used for residential purposes.
12.
Recovered materials (recycling) processing facilities.
13.
Scrap metal, iron or steel collection/recovery.
14.
Scrap yards or junk yards.
15.
Telecommunications facilities (see standards set forth in Section 712.07).
16.
Trash or garbage handling, hauling or disposal facilities or any use associated with these uses.
17.
Truck stops/refueling stations.
18.
Truck terminals. Minimum 5 acres. All structures shall be located and activities conducted (including parking) at least 300 feet from any property zoned for residential purposes.
19.
Used or discarded tire storage/disposal facilities.
20.
Waste materials handling and recovery facilities. The following standards shall apply to all new facilities and the expansion of existing waste transfer stations.
a)
Minimum 5-acre lot size.
b)
All structures shall be located at least 1,500 feet from residential zoning districts and at least 1,000 feet from commercial zoning districts.
c)
A landscaped strip no less than 10 feet wide shall be required around all property lines which do not abut properties zoned for industrial use. Such strip shall include 1 tree spaced evenly each 20 linear feet.
d)
A solid fence or wall no less than 6 feet in height shall be erected and maintained along all property lines except those abutting public rights-of-way. Said fence shall be located behind the required landscape strip.
e)
Parking areas for trucks and trailers shall be located at least 50 feet from any property line and 750 feet from any residentially zoned property. All trucks and trailers containing stored waste materials shall park at least 100 feet from any property line and 1,500 feet from any residentially zoned property.
f)
Vehicular access shall only be from a collector street unless otherwise approved by City Council.
g)
Stored materials shall be contained in such a manner as to prevent the blowing of any materials onto any surrounding property or roadway.
h)
No such use shall be established within 500 feet of Cobb Parkway, Roswell Street, SR 120 Loop or Powder Springs Street.
F.
Accessory Structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least 15 feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
Any accessory building in excess of 2,000 square feet of gross space must meet the setback standards for a principal use and shall be architecturally compatible with the principal structure.
3.
When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
4.
No accessory structure shall be constructed upon a lot before the principal structure.
5.
No accessory structure may exceed the more restrictive of either 20 feet or the height of the principal building, except that height limitations do not apply to silos, storage tanks, and other such structures, provided that when such structures are located within 100 feet from any property zoned for residential purposes, then the maximum height of all such structures is limited to 50 feet.
6.
Swimming pools must be enclosed by a fence not less than 4 feet in height with a self-closing, self-latching gate and must comply with all applicable safety and health ordinances.
7.
Heating and air conditioning units may encroach 5 feet into the required rear or side setback.
8.
Accessory structures utilizing canvas coverings, tarpaulins, sails, tents, or other nondurable materials, are considered temporary and are not permitted for long term use, as they do not meet the minimum requirements of the building code for an accessory structure. Such temporary accessory structures may only be utilized for a period not lasting longer than 14 days consecutively and 42 days annually.
G.
Use Limitations.
1.
Outdoor storage as an accessory use:
a)
All outdoor storage areas must be located in the rear yard behind the principal structure and enclosed by a solid fence or wall no less than 6 feet in height to provide visual screening.
b)
A maximum of 50% of the total lot area may be used for such purposes.
c)
All outdoor storage must be located at least 50 feet from any property zoned for residential purposes and 25 feet from City right-of-way.
d)
No storage of wrecked or non-operative automobiles or trucks.
e)
No parts or waste materials shall be stored outside any building.
2.
Building design and materials may be of the developer's choosing; however:
a)
Any façade of a building where any portion of that façade is visible from a roadway shall be constructed with a mixture of brick, stone, rock, wood, glass, cementitious siding, aluminum composite material (ACM) panels, or split-faced concrete block (defined as a concrete building unit which appears to have been hand-chiseled (or "split") to give it a textured look).
b)
However, metal siding may be used on building façades in areas zoned HI that are not visible from an arterial or collector roadway.
c)
The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to building design and materials, as contained in this paragraph; all such variance requests must be submitted to City Council for consideration.
H.
Bulk and Area Regulations.
I.
Landscape and Buffer Requirements. When an HI district directly abuts any residential district, a 50-foot buffer shall be established (see standards set forth in Section 710.05). All loading docks shall be screened by either landscaping or a stabilized berm.
(Ord. No. 6104, 3/8/2000, § 1; Ord. No. 6534, 7/9/2003, § 19; Ord. No. 6737, 10/13/2004, § 19; Ord. No. 6753, 11/10/2004, § 15; Ord. No. 7232, 9/10/2010, §§ 3, 4; Ord. No. 7671, 8/14/2013, § 6; Ord. No. 7840, 9/9/2015, § 5; Ord. No. 8116, 9/11/2019, § 32; Ord. No. 8234, 10/13/2021, § 10; Ord. No. 8251, 1/12/2022, § 13; Ord. No. 8302, 9/14/2022, §§ 7, 8; Ord. No. 8364, 12/20/2023, §§ 9, 10; Ord. No. 8437, 2/12/2025, § 25)
708.28 - PID, Planned Industrial Development.
A.
Purpose and Intent. The PID district is intended to allow flexible site planning and building arrangements for industrial development under a unified plan so that innovative land planning methods may be utilized which create campus-like environments, foster natural resource conservation and reduce traffic congestion. This may permit buildings to be clustered or arranged in an unconventional manner to maximize open space, create a pedestrian scale and other public benefits. All commercial and industrial building facades that are visible from a public street must be designed and constructed so as to meet the definition of 4-sided architecture, as defined in Section 724.02. In this district smaller lots than might otherwise be permitted under traditional zoning districts may be allowed; however, the purpose is not merely to allow smaller lots or reduce development requirements but to achieve other goals including the protection of sensitive environmental, historic, or aesthetic resources as well as the provision of site amenities such as parks, open space, walking trails, etc. The PID district is not intended to encourage greater density of development, but rather to encourage ingenuity and resourcefulness in land planning techniques which result in industrial development patterns that conserve and create open space, reduce vehicle trips and provide quality developments which enhance the surrounding area.
B.
Permitted Uses. This district is designed to allow industrial parks which are developed under a unified plan. The planned development should incorporate features such as coordinated transportation and parking networks, building design parameters and holistic landscaping themes. Allowable uses shall be adopted with the general plan or detailed plan.
C.
Temporary/Conditional Uses Allowed by the Director.
1.
Mobile retail food establishment shall be allowed on property zoned PID according to the restrictions listed below:
a)
Written permission of the property owner is obtained.
b)
Such use does not last longer than 3 days consecutively and 12 days annually.
c)
These uses shall be located at least 50 feet from any property line and not within any public right-of-way or City owned property, unless otherwise authorized by the City.
d)
If property is within 50 feet of a residentially zoned parcel, measured property line to property line, then food truck operations shall cease at 9:00 p.m.
e)
Adequate paved parking, ingress and egress are provided on site.
f)
A temporary use permit is applied for and approved by the Director of the Department of Development Services.
g)
The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to mobile retail establishments; all such variance requests must be submitted to City Council. Variances for mobile food establishments shall be considered according to the criteria defined under Subsection 712.01(E).
D.
Special Uses Permitted by Board of Zoning Appeals. Not applicable in this district.
E.
Special Uses Permitted by City Council. Only those uses delineated in the approved general and detailed plans.
F.
Accessory Structures. Only those structures delineated in the approved general and detailed plans.
G.
Use Limitations. All outside storage areas must be located in the rear yard and must be screened by an opaque fence no less than 8 feet in height. Storage of portable sanitation units, portable chemical toilets or any other container intended to hold human waste is prohibited unless explicitly allowed by City Council as part of a general or detailed plan.
H.
Bulk and Area Regulations.
I.
Landscape and Buffer Requirements. When a PID district directly abuts any residential district, a 50-foot buffer shall be established (see standards set forth in Section 710.05). All loading docks shall be screened by either landscaping or a stabilized berm.
J.
Procedure for Establishment of Planned Development District.
1.
General Plan Filed. The owner or owners of the entire tract of land proposed to be included in the planned development districts shall file a general plan with a request for a change in zoning with the Planning Commission for consideration and referral to the City Council for recommendation. Said plan shall be submitted electronically to City staff in a digital format which meets or exceeds City standards and shall contain such information and representations required or deemed necessary by the City Council, Planning Commission and Public Works Director to permit proper review. Such information and representations must include, but is not limited to, the following:
a)
A statement describing why standard zoning districts are insufficient and how the proposed development conforms to those parameters and ideals set forth in the "Intent and Purpose" element of this district.
b)
The general method of development and operation of the proposed general plan.
c)
The boundaries of the tract of land included in the general plan, the computed area and the legal description thereof, the topography and other salient features of the tract by reference to a plat of survey prepared by a licensed land surveyor.
d)
The location and extent of existing and proposed public rights-of-way, easements and water and drainage courses bounding and within the tract included in the general plan by reference to a plan or drawing.
e)
A detailed list of allowable uses, or reference to permitted uses under a specific zoning category.
f)
The location and type of existing buildings and structures proposed to be retained or removed by reference to a plan or drawing.
g)
The general location of proposed buildings by reference to a plan or drawing and an indication of the use to be made of each building.
h)
Minimum standards for lot development including setbacks, distances between buildings and house sizes.
i)
Architectural, facade or material requirements.
j)
The maximum floor area designated for each use.
k)
The percentage of development maintained as open space and/or recreation areas and impervious surfaces.
l)
Preliminary tree protection plan and screening standards.
m)
Public transportation facilities or provisions (if any).
2.
Plan Reviewed. Said plan shall be reviewed by the Planning Commission and a determination made as to whether the proposed plan is consistent with the intent and standards of this district and whether the development of the tract serves the public welfare. Such determination shall be made after an analysis prepared by the Department of Development Services. Said analysis shall include, but is not limited to, the availability of public access and utilities to the tract, neighboring property uses, and the effect on the efficient delivery of City services. A recommendation by the Planning Commission relating to the proposed plan shall be transmitted to the City Council.
3.
Council Approval. The City Council, upon receiving the recommendation of the Planning Commission relating to a planned development proposal, shall proceed in accordance with the requirements of law to consider amendment of the zoning map. In the event the City Council approves the general plan and changes the zoning by passing the required amendments to the zoning map, the requirements of the plan shall constitute the zoning regulations for the district and the zoning maps shall be amended.
4.
Detailed Plan Filed. Prior to the installation of subdivision improvements, a detailed plan shall be reviewed and approved by the Mayor and Council. Detailed plans shall follow the procedure described in Section 728.04, preliminary plat and detailed plan application procedures. If approved, site development shall not be permitted in any segment of said tract until site development plans for the proposed improvements, prepared in accordance with Division 728.06, have been approved by City staff. The detailed plan shall include, but is not limited to, the following:
a)
The location and extent of public rights-of-way, easements and water and drainage courses bounding and within the tract included in the general plan by reference to a plan or drawing.
b)
Minimum standards for lot development.
c)
Open space and recreation area provisions (active and passive).
d)
Data requirements listed in Section 728.05.
e)
Detailed landscaping plan.
f)
Detailed architectural elevations of the proposed buildings. All commercial and industrial building facades that are visible from a public street must be designed and constructed so as to meet the definition of 4-sided architecture, as defined in Section 724.02.
5.
Plan Amendments. Pursuant to the same procedures and subject to the same limitations by which plans were approved and amendments to the Official Zoning Map adopted, such plans may be amended in whole or in part. Minor changes in use or intensity of use may not require an amendment to the general plan and may be submitted for approval in conjunction with the detailed plan, as revised or submitted.
(Ord. No. 5903, 10/14/98, § 1; Ord. No. 6737, 10/13/2004, § 20; Ord. No. 7111, 11/19/2007, § 5; Ord. No. 8116, 9/11/2019, § 33; Ord. No. 8251, 1/12/2022, § 14; Ord. No. 8414, 11/13/2024, § 5)
708.29 - RRX, Railroads and Railroad Crossings.
A.
Purpose and Intent. The RRX, Railroads and railroad crossings, district is intended to identify and provide suitable areas for railroad-related transportation purposes; as well as to protect the health, safety and welfare of the public from distracting signs and advertising.
B.
Permitted Uses.
1.
Railroads and railroad-related transportation purposes.
2.
Accessory uses and structures incidental to any legal permitted use.
C.
Temporary/Conditional Uses Allowed by the Director. Not applicable in this district.
D.
Special Uses Permitted by Board of Zoning Appeals. Not applicable in this district.
E.
Special Uses Permitted by City Council. Not applicable in this district.
F.
Accessory Structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least 5 feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal structure.
2.
When an accessory structure is attached to the principal structure in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
3.
No accessory structure shall be constructed upon a lot before the principal structure, nor shall it contain a greater floor area than the principal structure.
4.
No accessory structure may exceed the more restrictive of either 15 feet or the height of the principal structure.
5.
Accessory structures utilizing canvas coverings, tarpaulins, sails, tents, or other nondurable materials, are considered temporary and are not permitted for long term use, as they do not meet the minimum requirements of the building code for an accessory structure. Such temporary accessory structures may only be utilized for a period not lasting longer than 14 days consecutively and 42 days annually.
G.
Use Limitations.
1.
Limitation on signs:
a)
No general advertising sign or off premises sign, or any digital general advertising sign or digital off premises sign, is allowed.
2.
Storage of portable sanitation units, portable chemical toilets or any other container intended to hold human waste is prohibited.
H.
Bulk and Area Regulations. Bulk and area standards are not applicable in this district.
I.
Landscape and Buffer Requirements. Not applicable in this district.
(Ord. No. 7606, 10/10/2012, § 1; Ord. No. 8251, 1/12/2022, § 15; Ord. No. 8437, 2/12/2025, § 26)
SINGLE-FAMILY RESIDENTIAL DISTRICT STANDARDS
Notes:
a. Fee Simple Townhouse
b. Detached unit
c. Duplex
d. Triplex
e. Quadplex
f. On cul-de-sac
g. If required parking is provided within the front setback
(Ord. No. 7840, 9/9/2015, § 3)
MULTIFAMILY RESIDENTIAL DISTRICT STANDARDS
Notes:
a. Maximum tract size of 10 acres
b. Minimum height of 5 stories, maximum height of 15 stories
c. Floor area ratio (FAR) = 4.0
COMMERCIAL AND INDUSTRIAL DISTRICT STANDARDS
Notes:
a. Area standards are not applicable because of the location, age and historical development of the CBD