§ 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.
Ambulance services.
2.
Amphitheaters.
3.
Amusement and theme parks.
4.
Amusement centers and arcades, including billiards and pool halls.
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.
Athletic and health clubs.
8.
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 upkeep of an automobile.
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 single-family residential district.
d)
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.
10.
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.
11.
Automobile, trailer and boat sales.
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)
When such use abuts residentially zoned properties, a solid fence or wall no less than 6 feet in height shall be provided for visual screening.
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 by the City Council subject to Section 712.01.
16.
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.
17.
Carwashes.
18.
Clinics and health centers.
19.
Coin-operated laundries and dry cleaning pickup establishments.
20.
Coliseum, stadium. Minimum lot size of 5 acres.
21.
Commercial indoor and outdoor recreational uses.
22.
Commercial landscapers. Outdoor storage shall be at least 25 feet from the street right-of-way. Such use shall be at least 100 feet from any property zoned for single-family residential use.
23.
Community fairgrounds.
24.
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.
25.
Copy centers.
26.
Cultural facilities. Art galleries, museums, theaters, libraries, and other uses similar in character to those listed.
27.
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.
28.
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.
29.
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.
30.
Eating and drinking establishments, including drive-in fast food restaurants. Outdoor dining facilities may encroach into required setbacks only upon approval from the Fire Department, Public Works Department and Planning and Zoning.
31.
Exterminating facilities.
32.
Farm and garden supply stores, including nurseries and greenhouses. Outdoor storage shall be at least 25 feet from the street right-of-way.
33.
Farmers' markets.
34.
Funeral homes. All structures shall be located and activities conducted at least 100 feet from any property zoned for residential purposes.
35.
Golf courses, clubhouses 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.
36.
Grocery and food stores.
37.
Helicopter landing areas. Minimum 1 acre. Must be enclosed by a fence no less than 8 feet in height.
38.
Hospitals.
39.
Hotels and motels. Such use shall not be established within 150 feet of any property zoned for residential use.
40.
Lumber, hardware, paint, glass and wallpaper stores. Outdoor storage shall be at least 50 feet from the street right-of-way line.
41.
Medical and dental laboratories, provided no chemicals are manufactured on site.
42.
Mini-warehouses and self-storage facilities.
43.
Movie theaters.
44.
Non-automotive repair service centers.
45.
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. If a surface parking lot abuts a single-family residential district, a 10-foot-wide landscaped buffer with a solid fence no less than 6 feet in height shall be provided.
46.
Pharmacies and drug stores.
47.
Places of assembly.
48.
Plumbing and heating equipment dealers. Outdoor storage shall be at least 50 feet from the street right-of-way. Such use shall be at least 100 feet from any property zoned for residential purposes.
49.
Printing services.
50.
Professional and general business offices. No outside storage is permitted.
51.
Radio, recording and television studios.
52.
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; and
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:
a)
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.
b)
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.
c)
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.
d)
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.
e)
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.
f)
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.
g)
Sidewalks at least 8 feet in width shall be provided along all sides of the lot that abut a public street.
h)
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, groundcovers, or other such materials for no less that 50% of the length of the walkway.
53.
Shelters for the homeless. 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.
54.
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.
55.
Stations, bus or train terminals for passenger service.
56.
Taxi stands and dispatching agencies.
57.
Telecommunications facilities (see standards set forth in Section 712.07).
58.
Vehicle leasing or rentals.
59.
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 by the City Council subject to Section 712.01.
60.
Zoos and other wildlife management facilities.
61.
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.
62.
Accessory uses and structures incidental to any legal permitted use.
C.
Temporary/Conditional Uses Allowed by the Director of the Department of Development Services. 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:
1.
Written permission of the property owner is obtained.
2.
Such use does not last longer than 45 days consecutively.
3.
These uses are not located within 25 feet of any public right-of-way.
4.
Adequate parking, ingress and egress are provided on site.
5.
A temporary use permit is applied for and approved by the Director of the Department of Development Services.
6.
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 chapter will be honored until the expiration of the lease or until December 31, 2007, whichever is earlier.)
D.
Special Uses Permitted by Board of Zoning Appeals. Not applicable in this district.
E.
Special Uses Permitted by City Council.
1.
Adult entertainment (see standards set forth in Section 8-20-140).
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 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.
G.
Use Limitations.
1.
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. A maximum of 25% of the total lot area may be used for such purposes.
2.
No manufacturing processes are permitted.
3.
Building design and materials may be of the developer's choosing; however, structures which utilize metal siding shall be constructed with brick, stone, rock or wood covering any facade of the building facing a roadway.
H.
Bulk and Area Regulations.
Minimum Lot Size: 40,000 sq. ft. Minimum Lot Width: 100 ft. Maximum Building Height: N/A Maximum Floor Area Ratio: 1.25 Maximum Impervious Surface: 85% Minimum landscaped area: 10% Front Setback (arterial): 50 ft. Front Setback (collector): 40 ft. Front Setback (local): 35 ft. Side Setback (major): 35 ft. Side Setback (minor): 25 ft. Rear Setback: 50 ft. 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)