§ 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.

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.

4.

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.

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 sales.

a)

Minimum 20,000 square foot 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.

8.

Banks and financial institutions.

9.

Barber and beauty shops.

10.

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.

11.

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.

12.

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.

13.

Carwashes.

14.

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.

15.

Clinics and health centers.

16.

Clubs and lodges, including assembly halls and conference centers. Such use may include office space where incidental to the principal use.

17.

Coin-operated laundries and dry cleaning pickup establishments.

18.

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.

19.

Copy centers.

20.

Cultural facilities. Art galleries, museums, legitimate theaters, libraries, and other uses similar in character to those listed.

21.

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.

22.

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.

23.

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.

24.

Extended stay facilities (see standards set forth in Section 712.03).

25.

Exterminating facilities.

26.

Fuel and ice dealers.

27.

Funeral homes. All structures shall be located and activities conducted at least 100 feet from any property zoned for residential purposes.

28.

Grocery and food stores.

29.

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.

30.

Hospitals.

31.

Hotels and motels.

32.

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.

33.

Linen and diaper services

34.

Lumber, hardware, paint, glass and wallpaper stores. No outdoor storage is permitted.

35.

Medical and dental laboratories, provided chemicals are not manufactured on site.

36.

Movie theaters.

37.

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.

38.

Outdoor advertising services. Includes the construction, repair and maintenance of outdoor advertising signs. All activities shall be conducted within a building or fenced area.

39.

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.

40.

Pharmacies and drug stores.

41.

Places of assembly.

42.

Printing services.

43.

Professional and general business offices. No outside storage is permitted.

44.

Public buildings and facilities, not to include storage yards.

45.

Radio, recording and television studios.

46.

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. This condition may not be waived by the board of zoning appeals.

b)

One parking space per unit shall be provided. Off-street parking areas must be within 1,000 feet of the dwelling unit as measured from the entrance or exit of the building and designed and located so that vehicles will not be required to back into a public street.

c)

All units must meet the current prevailing codes in the City of Marietta.

d)

Minimum floor area per dwelling units:

Efficiency - 500 sq. ft.

1 bedroom - 650 sq. ft.

2 bedroom - 800 sq. ft.

3 bedroom - 1,000 sq. ft.

47.

Retail 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.

48.

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)

Pawn shops;

j)

Office supplies;

k)

Sporting goods and hobbies;

l)

Apparel stores;

m)

Furniture, home furnishings and equipment stores; and

n)

Beverage shops.

49.

Stations, bus or train terminals for passenger service with minimum freight.

50.

Self-storage facilities and mini-warehouses.

51.

Taxi stands and dispatching agencies.

52.

Telecommunications facilities (see standards set forth in Section 712.07).

53.

Veterinarian offices.

54.

Wholesale trade, packing, and distribution establishments. There shall be no outdoor storage of goods.

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 by the City Council subject to Section 712.01.

56.

Accessory uses and structures incidental to any permitted use.

C.

Temporary/Conditional Uses Allowed by the Director. Not applicable in this district.

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 by the City Council subject to Section 712.01.

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.

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). Building design and materials for structures located outside of the historic district 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.

3.

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.

H.

Bulk and Area Regulations.

Maximum building height: 85 feet

Other bulk and area standards are not applicable in this district.

Height shall be measured in accordance with the definition of "height" contained in the Marietta City Zoning Code and shall be measured from the ground point which is the highest point within the footprint of the proposed building prior to commencement of any grading or construction and measured to the top of the parapet wall, excluding from such measurement any elevator shaft, HVAC equipment or rooms and any utilities.

Variances from the above height restrictions may be granted only by the Marietta City Council in its sole discretion.

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)

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."