PSAT Users Manual

PAGE 1 OF 73
Proposed Amendments
Official Code of Cobb County
Chapters 6, 18, 46, 54, 70, 78, 83, 90, 126 and 134
Public Hearing Dates
January 22, 2008 – 7:00 pm
February 12, 2008 (Transmit Planning Commission Recommendation) – 9:00 am
February 26, 2008 – 7:00 pm
Cobb County Community Development

191 Lawrence Street
Marietta, GA 30060
www.cobbcounty.org
PAGE 2 OF 73
Sec. 6-96. Initial consideration of application, mandatory training, and

objection.
(a) Effective January 1, 2002, all new businesses at locations in Cobb County,
where an alcoholic beverage license has not previously been issued, where there is
a change of ownership of the alcoholic beverage license, or where there is any
change of licensee, and the licensee has not previously attended a responsible
alcohol sales and service policy workshop for owners and managers, the licensee
shall attend a workshop which has been approved by the business license division
manager. The licensee shall attend said workshop prior to the issuance of any
alcoholic beverage license. Such workshop shall be attended by the licensee at the
licensee's expense. If at the time the application is considered by the business
license division manager the licensee has not provided evidence to the business
license division office that the licensee has successfully completed the alcohol sales
and service workshop the application shall be denied. Effective January 1, 2007
the provisions of this section shall apply to renewal applications as well. The
workshop provision shall not be waived. Instructors, trainers or any persons
associated or employed by the person or organization conducting the training
referenced in this subsection shall not appear before the license review board or
board of commissioners as a representative, attorney, advocate, or witness for any
applicant.
(b) All applications for licenses under this chapter shall be acted upon at the time
advertised. Licenses shall be granted by the business license division manager if
the application meets all the legal requirements of this chapter. If the application
does not meet the legal requirements of this chapter, it shall not be granted by the
business license division manager. Any decision of the manager shall be final
unless appeal is filed to the license review board by any aggrieved party, as
provided for in section6-90, or where an objection has been filed. The decision of
the manager shall be transmitted to the applicant by mail.
(c) Where an application for a license under this chapter otherwise meets all the
criteria set forth in this chapter, and written objection is made to such application,
such application shall be treated as follows:
(1) In order for a written objection to be sufficient to authorize a hearing, it shall

describe how and why the person filing the objection, or the immediate
surrounding neighborhood, will be negatively impacted by the issuance of such
license or permit and shall specifically state the reasons therefor.
PAGE 3 OF 73
(2) Any written objection on any application shall be filed with the business
license division manager no later than the date and time set forth in the legal
advertisement published in the legal organ in the county, related to such
application.
(3) In order to meet the written objection definition as set forth in this section,
the person filing the objection shall specify the property address and business of
the applicant as well as the requirements of subsection (b)(c)(1) of this section.
(4) If a citizen objects to more than one application, the person filing the
objection shall provide separately for each application that is objected to and the
information required in subsections (b)(c)(1) through (b)(c)(3) of this section.
(5) Upon the proper filing of any written objection as set forth in this section, the
business license division manager shall defer such application, without prejudice,
and then schedule the matter for a hearing before the license review board within
reasonable time thereafter; and such hearing shall be governed and handled in
accordance with this chapter. The deferral contained in this subsection (b)(5) shall
be without prejudice. If the person filing the objection does not attend the
hearing, the license review board shall consider the application but may consider
the fact that the person filing the objection is not present.
(6) Any decision of the supervisor of the business license office shall be final
unless appeal is filed to the license review board by an aggrieved party on or
before ten days of the date the decision by the supervisor is mailed to the
applicant.
(Ord. of 8-14-73, art. II, § 5; Ord. of 4-14-87; Ord. of 10-24-89, § I; Ord. of 5-11-
93; Code 1977, § 3-4-44; Ord. of 7-10-01 (eff. 1-1-02); Ord. of 7-27-04)
Sec. 6-131. License prohibited for package sales in connection with sales
of alcoholic beverages by the drink.
Except in a farm winery, No no retail license for the sale of alcoholic beverages by
the package shall be allowed where such sale would take place in, or in connection
with, any restaurant, cafe or eating place, or in the same room where a bar is
maintained for the dispensing and sales of alcoholic beverages. Businesses which
are licensed only for wine package sales may allow sampling of wines provided
there is no charge for admittance or for the wine sample and the serving size of
the sample does not exceed two ounces. This section shall not apply to farm
wineries.
(Ord. of 8-14-73, art. II, § 23; Ord. of 10-24-89, § I; Ord. of 5-11-93; Ord. of 10-
11-94, § 3; Code 1977, § 3-4-16)
PAGE 4 OF 73
DIVISION 3. EMPLOYEES
Sec. 6-206. Employment of persons with prior convictions.
No licensee shall employ, for compensation or otherwise, in any premises for the
sale of alcoholic beverages or the operation of a bottle house under this chapter
any person in a capacity requiring a work permit under section 6-207 who is not a
citizen of the United States or an alien admitted for permanent residence or a
person who has otherwise been granted employment authorization by the United
States Immigration and Naturalization Service or who has been convicted within
three years immediately prior to the application for employment of soliciting for
prostitution, pandering, letting premises for prostitution, keeping a disorderly
place, or any charge relating to the sale of alcoholic beverages, or who has been
convicted within five years immediately prior to the application for employment of
any felony drug conviction, felony sex offense, or any other crime involving moral
turpitude, of two or more convictions of driving under the influence, of two or
more convictions of possession, consumption, or attempt to purchase alcohol by
an underage person, or for whom there exists any outstanding warrant charging
such person with any crime described in this section, provided that this section
shall not apply to private clubs as defined in this chapter. If at the time of
application the applicant is charged with any of the offenses prescribed in this
subsection, consideration of the application shall be suspended until entry of a
plea or verdict or dismissal. The omission or falsification of any material
information in an application for an alcoholic beverage permit shall be a violation
of this chapter and grounds for the denial, suspension or revocation of any such
permit; however, any employees excluded from employment under the terms of
this section shall have the right to appeal such exclusion to the license review
board.
(Ord. of 8-14-73, art. IV, § 35; Ord. of 10-24-89, § I; Ord. of 9-25-90; Ord. of 5-
11-93; Code 1977, § 3-4-60; Ord. of 6-23-98 (eff. 7-1-98); Ord. of 8-10-99; Ord.
of 1-23-01; Ord. of 1-24-06)
Sec. 6-207. Work permits.
(a) For whom required. It is the responsibility of the licensee and designee as stated in
section 6-92(g) to ensure that the employees required under this code section obtain and
possess the required work permit prior to working. Failure of an employee to possess a
work permit while selling or serving alcoholic beverages shall be unlawful and will subject
the employee and licensee to prosecution as provided in this chapter and is grounds for
suspension or revocation of the license. A permit to work in any of the following
establishments shall be required of the following:
(1) All employees of package stores.
(2) All employees of businesses with a pouring license, except busboys, cooks,
dishwashers, hostesses, maintenance and administrative staff. Notwithstanding the
PAGE 5 OF 73
exception by title in this subsection, any employee serving or selling food or alcohol in a
establishment with a pouring license is required to obtain a work permit.
(3) All managers, including an independent contractor, all employees serving in a
managerial capacity and any employees providing security to any establishment with a
package or pouring license, whether or not any such person sells or serves alcohol, shall
be required to have a work permit.
(4) All employees of convenience stores.
The licensee to whom an alcoholic beverage license has been issued under this chapter
shall not be required to obtain a work permit. Employee for the purposes of this section
shall include independent contractors.
(b) Application and issuance. Except as otherwise provided, no person requiring a work
permit may be employed by an establishment holding a license under this chapter until
such person has been issued a work permit from the county police department indicating
the person is eligible for employment. The work permit is valid for employment at only
one business only. However the permit is transferable without County approval for
different locations within the county owned by the business where the applicant applied
for the work permit The permit is not transferable to a different company from the
company where the applicant was issued the permit without an application to change the
employer is filed by the applicant with the Cobb County Police Department and approved
by the police department. All applications required by this section shall be investigated by
the police department to include, among other things, an investigation of the criminal
record, if any, of the applicant. No work permit shall be issued by the police department if
the applicant has violated any of the provisions of section 6-206 hereof. Any applicant
who is not issued a work permit shall have the right to appeal such decision to the license
review board. Appeals to the Cobb County License Review Board regarding the denial of
an alcoholic beverage work permit must be filed with the Cobb County Business License
Division within 30 days of the denial. Denied Applicants that fail to file a timely appeal
shall not be authorized to reapply for an alcoholic beverage work permit for twelve
months from the date of denial.
(c) Time limit. All persons subject to the provisions of this section shall, prior to the date
of their first work in an establishment holding a license to sell alcoholic beverages, make
application for a work permit to the county police department. Work permit requirements
do not apply to temporary, nonprofit fundraising events.
(d) Permit term: prescribing fee. Any permit for employment issued under this section
shall expire 12 months from the date of issuance unless earlier suspended or revoked as
provided in this section. The police department may prescribe regulations for certifying the
eligibility for continued employment without the necessity of the employee's being
fingerprinted and may prescribe reasonable fees for certifying the eligibility for
employment.
(e) Possession of permits by employees. Employees holding permits issued pursuant to
this section shall at all times during their working hours have the permits available for
inspection at the premises.
(f) Exclusion. This section shall not apply to private clubs.
(g) [Work permit requirement.] At all times that the business is open the licensee shall
have at least one person on the premises who has a valid work permit.
(h) Grounds for suspension, revocation, probation. No permit which has been issued or
which may hereafter be issued under this section shall be suspended, revoked or placed
PAGE 6 OF 73
on probation except for due cause as defined in this subsection, and after a hearing and
upon written notice to the holder of such permit of the time, place and purpose of such
hearing and a statement of the charge or charges upon which such hearing shall be held.
A minimum of three days' notice shall be provided to the applicant or permit holder. "Due
cause" for the suspension or revocation of the permit shall consist of the violating of any
laws or ordinances regulating the sale of alcoholic beverages or for the violation of any
state, federal or local ordinances set out in section 6-206; or for the omission or
falsification of any material in any application; or for any reason which would authorize
the refusal of the issuance of a permit; or any violation of this chapter. All hearings shall
be before the license review board and shall be conducted in the manner provided in
section 6-147(b). After the hearing if the license review board determines due cause
exists, the license review board may suspend, revoke or place on probation for a
maximum of 12 months, with or without conditions, the permit. In addition, after the
hearing, the license review board may grant a work permit to an employee whose
application was denied upon any conditions deemed appropriate by the board. Any action
taken by license review board shall be effective immediately.. The board of commissioners
shall at its next meeting review a summary of the hearing before the license review board
wherein the work permit was considered for issuance, suspension or revocation (the
summary shall be prepared by the business license division manager) and the board of
commissioners after such review may place the matter down for a hearing. Should the
board of commissioners place the matter down for hearing the board of commissioners,
after such hearing, may issue the work permit, suspend or revoke the work permit or
place the employee on probation. The employee whose work permit was not issued or
whose work permit was probated, suspended or revoked may appeal to the board of
commissioners pursuant to section 6-147 hereof.
(Ord. of 8-14-73, art. IV, § 34; Ord. of 3-24-87; Res. of 9-22-87; Ord. of 10-24-89, § I;
Ord. of 9-25-90; Ord. of 5-11-93; Ord. of 3-25-97 (eff. 4-1-97); Code 1977, § 3-4-61; Ord.
of 8-10-99; Ord. of 7-10-01 (eff. 1-1-02); Ord. of 1-24-06; Ord. of 7-25-06)
Sec. 18-27. Permits required.
(a) Any contractor, owner or authorized representative, doing any electrical,

mechanical, plumbing, gas or building construction, shall obtain a permit for same
through proper application to the development and inspections division of the
community development agency of Cobb County, Georgia, before performing such
work. If work requiring a permit is started without proper permitting, an after the
fact permit may not be granted if the work is not compliant with all other Federal,
State and local codes and ordinances. Regardless whether or not an after the fact
permit is obtainable the contractor and the owner will be in violation of this
ordinance if work is started with out proper permitting as required.
………………………
(d) Each building permit issued shall contain the certification number of
company or individual responsible for design, installation, and maintenance of
erosion sediment control devices. After December 31, 2006, all persons involved in
PAGE 7 OF 73
land development design, review, permitting, construction, monitoring, or

inspection of any land disturbing activity shall meet the education and training
certification requirements as developed by the commission pursuant to O.C.G.A. §
12-7-20.
(e) Any building permit for a residential structure that is issued to a lot, parcel or
property that has an existing structure that will be or has been removed or
demolished and proposes increasing the existing topographic elevation by greater
than 4 feet, shall require a site plan approved by the Board of Commissioners. The
site plan shall be reviewed as to the effect it may have on adjacent properties,
including but not limited to topographic alteration, building height and stormwater
runoff.
(Ord. of 11-25-97 (eff. 1-1-98); Ord. of 7-27-99 (eff. 10-1-99); Ord. of 12-9-03;
Ord. of 1-25-05; Ord. of 2-27-07)
ARTICLE II. ALARM SYSTEMS

Sec. 46-26. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Alarm system means an assembly of equipment and devices designed and
arranged to detect a fire or to signal an unauthorized intrusion into a premises or
to signal an attempted robbery at a premises, and with respect to such signal
public safety officers are expected to respond.
False alarm means the activation of a fire, burglary, robbery or other similar alarm
by an event other than a fire, burglary, or robbery on the premises.
Person means the owner or lawful occupant of a residence, or any owner, partner,
or manager of a business.
Public safety officer means a law enforcement officer or a firefighter.
Response means the dispatch of a public safety officer to the premises where an
alarm system has been activated indicating that a fire, burglary or robbery is in
progress on the premises.
(Ord. of 1-27-92, § 2; Code 1977, § 3-11-2)
Cross references: Definitions generally, § 1-2.
Sec. 46-27. Prohibited acts.
(a) It shall be unlawful for any person to activate an alarm system, otherwise
cause an alarm system to be activated, or operate or maintain an alarm system
which is activated at a time when no fire, burglary or robbery is in progress at a
premises but public safety officers are nevertheless dispatched to such premises.
PAGE 8 OF 73
(b) It shall be unlawful for any person to activate, cause to be activated, or

operate or maintain any alarm system which automatically sends a prerecorded
message or coded signal indicating the activation of an alarm system to any public
safety agency.
(c) It shall be unlawful for any person to fail or refuse to obey a cease and
desist order issued pursuant to this article.
(d) Facilities owned or operated by the county or the county board of
education are exempt from the prohibitions of this article.
(Ord. of 1-27-92, § 3; Code 1977, § 3-11-3)
Sec. 46-28. Cease and desist orders.
(a) The director of the department of public safety shall issue a cease and
desist order to any person violating section 46-27(b). Such order shall direct that
the alarm system in question be permanently disconnected immediately upon
receipt of such order.
(b) The director of the department of public safety shall also issue a cease
and desist order to any person who has violated section 46-27(a) six times within
any calendar year. Such order shall direct that the alarm system in question be
disconnected and shall not be reconnected until it has been inspected and serviced
by a properly trained and licensed technician. Such order shall be rescinded upon
receipt by the director of public safety of written proof that such inspection and
service have been performed and any malfunction or maladjustment corrected.
(Ord. of 1-27-92, § 4; Code 1977, § 3-11-4)
Sec. 46-29. Penalties for false alarms.
(a) For the first three violations of section 46-27(a) at any premises in a
calendar year, there shall be no penalty.
(b) For the fourth violation of section 46-27(a) at any premises in a calendar
year, there shall be a fine of $50.00.
(c) For the fifth violation of section 46-27(a) at any premises in a calendar
year, there shall be a fine of $75.00.
(d) For the sixth and any subsequent violation of section 46-27(a) at any
premises in a calendar year, there shall be a fine of not less than $100.00 nor
more than $500.00.
(e) Any violation of this article shall be punished as provided in section 1-10.
(Ord. of 1-27-92, § 5; Code 1977, § 3-11-5)
Editor’s Note: Article II, Alarm Systems, was deleted and replaced by amending
Chapter 54 to add Article VI and Chapter 70 to add Article II, pursuant to Code
revisions adopted February 26, 2008.
PAGE 9 OF 73
Secs. 54-97--54-110 Reserved.
Secs. 54-97—54-99. Reserved.
Article V. ALARM SYSTEMS
Section 54-100. Definitions.
Alarm System means an assembly of equipment and devices designed and

arranged to installed per NFPA 72 National Fire Alarm Code, as adopted pursuant
to state minimum fire safety standards, to detect a fire and signal the occupants of
premises and/or the fire department.
Auxiliary Alarm System means a system connected in accordance with NFPA 72 to

a fire alarm system for transmitting a fire alarm to the 911 Center.
Central Station means a system or group of systems in which the operations of

circuits and devices are signaled automatically to, recorded in, maintained by, and
supervised from a listed central station staffed by competent and experienced
servers and operators in accordance with NFPA 72.
Emergency Forces Notification means an emergency alarm system that is arranged

to transmit a fire alarm automatically to alert the fire department of fire via any of
the following means which are in accordance with NFPA 72:
(1) Auxiliary Alarm system;
(2) Central station connection;
(3) Proprietary system; or
(4) Remote station connection.
False Alarm means activating an alarm system, otherwise causing an alarm system
to be activated, or operating or maintaining an alarm system which is activated at
a time when no fire is in progress at a premises, whereby the occupants are
signaled and/or public safety officers are dispatched to such premises.
Fire Alarm Action Plan means a plan of action approved by the Cobb County Fire
Marshal’s Office detailing actions to be taken by trained personnel at a premises in
the event of a fire alarm.
Licensed Alarm Contractor means a person and/or company engaged in selling,

leasing, installing, servicing or monitoring alarm systems; this person and/or
company shall be licensed in compliance with local ordinances and state laws.
PAGE 10 OF 73
Proprietary System means an installation of fire alarm systems that serves

contiguous or noncontiguous properties under one ownership from a proprietary
supervising station located at the protected property, where trained, competent
personnel are in constant attendance in accordance with NFPA 72.
Public safety officer means a firefighter or other sworn fire official.
Remote Station means a system installed to transmit alarm, supervisory, and

trouble signals from one or more protected premises to a remote supervising
station location at which appropriate action is taken in accordance with NFPA 72.
Response means the dispatch of a public safety officer to the premises where an
alarm system has been activated indicating that a fire is in progress in or on the
premises.
Supervised sprinkler system means an automatic sprinkler system with supervisory

attachments installed and monitored for integrity in accordance with NFPA 72, and
which provides a distinctive supervisory signal to indicate a condition that would
impair the satisfactory operation of the sprinkler system. Required monitoring of
such system includes, but is not limited to, monitoring of control valves, fire pump
power supplies and running conditions, water tank levels and temperatures, tank
pressure, and air pressure on dry-pipe valves. Supervisory signals are required to
sound and to be displayed either at a location within the protected building that is
constantly attended by qualified personnel or at an approved, remotely located
receiving facility.
Section 54-101. Fire Alarm Requirements.
(a) All fire alarm systems and monitoring stations shall be in compliance with NFPA
72.
(b) With the exception of premises covered by a Fire Alarm Action Plan, fire alarm
systems shall automatically call 911 upon activation of a fire alarm (prior to the
investigation of the cause of any fire alarm) when any fire safety standard adopted
under Section 54-52 or 54-54 of this code requires emergency forces notification
and/or a supervised sprinkler system for said premises.
(c) In the event of any conflict between this code and the State Minimum Fire
Safety Standards as adopted by the State of Georgia, the most stringent code shall
apply.
(d) Only a licensed alarm contractor shall work on a fire alarm system.
PAGE 11 OF 73
(e) All work performed on a fire alarm system shall require plans to be submitted
to and approved by the Fire Marshal’s Office prior to any work being performed.
Section 54-102. Prohibited acts.
(a) With the exception of premises covered by a Fire Alarm Action Plan, when 911
has been called requesting fire department response, it shall be unlawful for any
person to silence and/or reset an activated fire alarm prior to the arrival of the fire
department. No fire alarm shall be silenced and/or reset unless a means is
provided for the responding fire crews to be able to verify the cause of the alarm.
(b) With the exception of an alarm which can reasonably be determined to have
been caused or activated by unusually violent conditions of nature or by
extraordinary circumstances not reasonably subject to control by the alarm user, it
shall be unlawful for any person to cause or allow a false alarm.
Sec. 54-103. Enforcement.
(a) Fines for silencing or resetting an alarm without prior approval.
(1) For the first violation of section 54-102(a) at any premises in a

consecutive 12 month period, there shall be a minimum fine of $150.00;
(2) For the second violation of section 54-102(a) at any premises in a
consecutive 12 month period, there shall be a minimum fine of $250.00;
(3) For the third violation of section 54-102(a) at any premises in a
consecutive 12 month period, there shall be a minimum fine of $500.00.
(4) For the fourth violation of section 54-102(a) at any premises in a
consecutive 12 month period, there shall be a fine of not less than $1,000.00 or 60
days imprisonment or both.
(b) Fines for false alarms.
(1) For the first two violations of section 54-102(b) at any premises in a
consecutive 12 month period, there shall be no fine.
(2) For the third violation of section 54-102(b) at any premises in a
consecutive 12 month period, there shall be a minimum fine of $150.00.
(3) For the fourth violation of section 54-102(b) at any premises in a calendar
year consecutive 12 month period, there shall be a minimum fine of $250.00.
(4) For the fifth and any subsequent violation of section 54-102(b) at any
premises in a consecutive 12 month period, there shall be a fine of not less than
$500.00 nor more than $1,000.00 or 60 days imprisonment or both.
Article VI. Outdoor Burning

PAGE 12 OF 73
Article VII. Outdoor Burning
Chapter 70 LAW ENFORCEMENT
Article I. IN GENERAL
Sec. 70-1. Mutual police assistance agreements; authority of chairman to

execute.
The chairman of the board of commissioners is hereby authorized to affix his
signature and seal to an agreement with any city in the county whereby the
county and the city would each furnish police services in aid of the other upon
official request, and to do any and all acts necessary to carry out the intent of this
sections…………………………….
Sec. 70-3. Authority of county police and sheriff.

The county police and county sheriff are hereby authorized to ………………………..
(Ord. of 2-27-07)
Chapters 71--73 RESERVED
Article II. ALARM SYSTEMS
Sec. 70-26. Purpose and intent.
Given the undue burden placed on law enforcement providers by excessive false
alarms, this article is enacted to establish reasonable expectations for alarm users
regarding the responsible use and operation of alarm systems. The article is not
intended to create new or to expand existing legal obligations of the county,
including specifically the Cobb County Department of Public Safety Agency and any
of its departments, or to establish a special duty or special relationship between
the county and alarm users, persons who own real or personal property where an
alarm system is in place, and/or persons who are physically present at or in the
vicinity of property monitored by an alarm system.
PAGE 13 OF 73
Alarm administrator. The term “alarm administrator” means a sworn employee

designated by the county to administer, control and review false alarm reduction
efforts and to administer the provisions of this ordinance.
Alarm contractor. The term “alarm contractor” means an individual, company,

and/or other entity engaged in selling, leasing, installing, servicing or monitoring
alarm systems; such individual, company, and/or entity shall be licensed in
compliance with city, county and state laws.
Alarm permit. The term “alarm permit” means a permit issued by the county
allowing the operation of an alarm system.
Alarm signal. The term “alarm signal” means a detectable signal, audible or visual,
generated by an alarm system, to which law enforcement is requested to respond.
Alarm system. The term “alarm system” means any single device or assembly of
equipment and devices, including a local alarm, that is designed to signal the
occurrence of an illegal or unauthorized entry or other activity requiring immediate
attention and to which law enforcement is requested to respond. Motor vehicle or
boat alarms, fire alarms, domestic violence alarms, or alarms designed to elicit a
medical response are not considered to be alarm systems under this article.
Alarm user. The term “alarm user” means any individual, sole proprietorship,
partnership, company, corporation, governmental, educational, non-profit, or any
other entity or institution owning, leasing or operating an alarm system, or on
whose premises an alarm system is maintained for the protection of such
premises.
Alarm User Awareness Class. The term “Alarm User Awareness Class” means a
class conducted for the purpose of educating alarm users about the responsible
use, operation, and maintenance of alarm systems and the problems created by
false alarms.
Automatic dial protection device. The term “automatic dial protection device”
means an automatic dialing device or an automatic telephone dialing alarm system
and shall include any system which, upon being activated, automatically initiates to
the Emergency Communications Center a recorded message or code signal
indicating a need for law enforcement response.
PAGE 14 OF 73
Cancellation. The term “cancellation” means notice from an alarm company

(designated by the alarm user) to the Emergency Communications Center to
terminate a law enforcement response to an alarm dispatch request under
circumstances where there is no situation at the alarm site requiring a law
enforcement response.
Cobb County Department of Public Safety (CCDPS). The term “Cobb County
Department of Public Safety (CCDPS)” means, for the purposes of this article only,
the Cobb County Department of Public Safety Agency, with the exception of the
Cobb County Fire & Emergency Services Department.
Emergency Communications Center. The term “Emergency Communications

Center” means the Cobb County Department of Public Safety’s Emergency
Communications (911) Center.
False alarm. The term “false alarm” means the activation of an alarm system to
summon law enforcement personnel which occurs as a result of mechanical or
electronic failure, malfunction, improper installation, or the negligence of the alarm
user or his employees or agents, unless the law enforcement response was
cancelled by the alarm user or his agent before law enforcement personnel arrive
at the alarm location. An alarm is false when, upon determination by the
responding officer, no unauthorized entry, robbery, or other crime was committed
or attempted in or on the premises which would have activated a properly
functioning alarm system.
Local alarm. The term “local alarm” means an alarm system that emits a signal at
an alarm site that is audible or visible from the exterior of a structure and that is
not monitored by a remote monitoring facility, whether installed by an alarm
contractor or user.
Monitoring services. The term “monitoring services” means an alarm contractor in

the business of receiving signals from an alarm system that is responsible to
contact the alarm user to verify the nature of the alarm and/or to contact the
Emergency Communication Center for a law enforcement response.
Permit year. The term “permit year” means a 12-month period beginning on the
day and month on which an alarm permit is issued.
Runaway alarm. The term “runaway alarm” means an alarm system that produces
repeated alarm signals not caused by independent human action.
SIA Control Panel Standard CP-01. The term “SIA Control Panel Standard CP-01”
means the American National Standard Institute (ANSI) approved Security
PAGE 15 OF 73
Industry Association (SIA) CP-01 Control Panel Standard, as may be updated from
time to time, that details recommended design features for security system control
panels and their associated arming and disarming devices to reduce false alarms.
Control panels built and tested to this standard by a nationally recognized testing
organization are to be marked to state: “Design evaluated in accordance with SIA
CP-01 Control Panel Standard Features for False Alarm Reduction.”
Verify. The term “verify” means an action on the part of the entity providing
monitoring services, prior to requesting law enforcement dispatch, to determine
whether an alarm signal is valid and caused by criminal activity.
Sec. 70-28. Alarm registrations & permit requirements.
(a) Registration & permit required. Effective July 1, 2008, no alarm system shall be
used unless the alarm user first registers and obtains a permit for such alarm
system from the county. Fees for registration and annual renewal of the permit
shall be established by the county. Upon registration, each alarm permit shall be
assigned a permit number, and the user shall provide the permit number to the
alarm company to facilitate law enforcement dispatch.
(b) Fee exemption for users age 62 and over. Fees for registration and annual
permit renewal for alarm users age 62 and over shall be waived; provided
however, that this waiver does not exempt such users from the requirement for
registration and obtaining a permit and/or from any fines imposed pursuant to this
article.
(c) Non-transferability; new registration required. Alarm permits are not
transferable. Upon transfer of the possession of premises at which an alarm
system is maintained, the new alarm user shall register for an alarm permit within
30 days of obtaining possession of the property.
(d) Multiple alarm systems. If an alarm user has one or more alarm systems
protecting two or more separate structures with different addresses and/or
tenants, a separate permit shall be required for each structure and/or tenant.
Sec. 70-29. Duties of the alarm user.
An alarm user shall be required to:

(a) Register and obtain an alarm permit in accordance with Sec. 70-28;
(b) Maintain the premises and the alarm system in a manner that will reduce or
eliminate false alarms;
(c) Upon obtaining a permit number, provide that number to the alarm contractor;
(d) Respond or cause a representative or other responsible party to respond to the
alarm system’s location within thirty (30) minutes upon notification from the
Emergency Communications Center of the need to deactivate a malfunctioning
alarm system;
PAGE 16 OF 73
(e) Ensure that an alarm is not manually activated by the alarm user or any other
person for any reason other than an occurrence of an event that the alarm system
was intended to report;
(f) Obtain a new permit if there is a change in address or ownership of a business
or residence.
Sec. 70-30. Duties of the alarm contractor.
(a) An alarm contractor shall be required to:

1) Obtain and maintain required state and local license(s) and/or permits;
2) Maintain current contact information, including user permit numbers, which
shall be provided to the Emergency Communications Center at the time of a
request for law enforcement response; and
3) Upon request, provide to the Emergency Communications Center the name,
address, and telephone number of the license holder or a designee, who can be
called in an emergency, 24 hours a day and who shall be able to respond to an
alarm call, when notified, within thirty (30) minutes.
(b) For all installations on or after January 1, 2009, an alarm contractor shall use
only alarm control panel(s) which meets SIA Control Panel Standard CP-01.
(c) Prior to activation of any alarm system, the alarm contractor must (i) provide
verbal and written instructions regarding the proper operation of the alarm system
to the alarm user and (ii) provide written information on how to obtain service
from the alarm company.
(d) An alarm contractor performing monitoring services shall:

1) Attempt to verify, by calling the alarm site and/or alarm user by telephone, to
determine whether an alarm signal is valid before requesting dispatch. Telephone
verification shall require, at a minimum, that, if the first attempt fails to reach an
alarm user, the alarm contractor must make a second call to a different number in
an effort to reach an alarm user who can provide proper identification and assist in
determining whether an alarm signal is valid; provided however, that such second
call shall not be required in the event of a panic or robbery-in-progress alarm or in
cases where a crime-in-progress has been verified by video and/or audible means.
2) Communicate any specific information that will assist law enforcement response
and investigation to the Emergency Communications Center at the time of a
request for assistance.
3) Communicate a cancellation to the Emergency Communications Center
immediately upon determining that a response is unnecessary.
Sec. 70-31. Prohibited acts.
(a) The failure to obtain an alarm permit or to renew an alarm permit is prohibited.
PAGE 17 OF 73
(b) Activating or maintaining an alarm system that activates for the purpose of
summoning law enforcement when no burglary, robbery, or other crime dangerous
to life or property is being committed or attempted on the premises is prohibited.
This shall include both monitored alarm systems and unmonitored local alarms.
(c) Installing, maintaining, or using an audible alarm system which can sound
continually for more than 10 minutes is prohibited.
(d) Installing, maintaining, or using an automatic dial protection device that
reports, or causes to be reported, any recorded message to the Emergency
Communications Center is prohibited.
Sec. 70-32. Enforcement.
Alarm users shall be fined for excessive false alarms and/or failure to register in
accordance with the following fine schedules:
(a) Excessive false alarms/Failure to register. The civil fine structure for false
alarms during the permit year is as follows:
First and second false alarm…............... No Charge
Third False Alarm …………………........ $50.00
Fourth False Alarm ……………………... $75.00
Fifth False Alarm ……………….…........ $100.00
Sixth False Alarm ………………............ $125.00
Seventh False Alarm …………………… $150.00
Eighth False Alarm …………………….. $200.00
Ninth False Alarm ……….…………….. $250.00
Tenth False Alarm ………………..…….$300.00
Failure to Register…………………….... $100.00
(b) Other Civil Fines. All other violations of Article II, Alarm Systems will be
enforced through the assessment of civil fines in the amount of $100.00.
(c) Payment of Civil Fines. All civil fines shall be paid within thirty (30) days from
the date of the invoice.
(d) Limitations on Responses for Excessive False Alarms or Non-Payment. When an
alarm user has more than ten (10) false alarms during the permit year or when
the alarm user fails to pay any civil fine within thirty (30) days from the date of
invoice, a law enforcement response to the alarm user’s permitted location will
only be initiated in response to a 911 call to the Emergency Communications
Center or upon verification by the alarm contractor or user that the alarm was set
off as a result of criminal activity. Normal alarm responses by CCDPS will be
restored under the following circumstances:
(1) When an alarm user who has had more than ten (10) false alarms during
the permit presents satisfactory proof to the alarm administrator that he has taken
successful measures to repair the cause of the false alarms; and/or
PAGE 18 OF 73
(2) When the county receives payment from the alarm user who has failed to
pay any civil fine within thirty (30) days from the date of the invoice.
(e) Civil violation. A violation of any of the provisions of this article shall be a civil
violation.
Sec. 70-33. Alarm User Awareness Class.

The county may create and implement Alarm User Awareness Classes and may
request the assistance of alarm contractors to assist in developing and
implementing such classes. The classes shall inform alarm users of the problems
created by false alarms and instruct alarm users how to help reduce false alarms.
The county may grant the option of attending a class in lieu of paying one
assessed fine.
Sec. 70-34. Appeals.

Assessment of any civil penalty and other enforcement decisions may be appealed
in accordance with procedures that shall be established by the county.
Sec. 70-35. Confidentiality.

In the interest of public safety, all information contained in and gathered through
the alarm registration applications, “no response” records, applications for appeals
and any other alarm records shall be held in strict confidence by all employees
and/or representatives of the county. Because all alarm registration information is
considered sensitive public safety information, the same shall not be available to
the public, unless otherwise required by law.
Sec. 70-36. Immunity.

Alarm registration is not intended to, nor will it, create a contract, duty or
obligation, either expressed or implied, of response. Any and all liability and
consequential damage resulting from the failure to respond to a notification is
hereby disclaimed and governmental immunity as provided by law is retained. By
registering an alarm system, the alarm user acknowledges that the CCDPS
response may be influenced by factors such as: the availability of police units,
priority of calls, weather conditions, traffic conditions, emergency conditions,
staffing levels and prior response history.
STATE LAW REFERENCE: – O.C.G.A.§50-18-72 (a) (11.2)

PAGE 19 OF 73
Sec. 78-37. Filing of return; procedure where taxes overpaid or

underpaid.
(a) After the end of each year and on or before March 1 of the succeeding year,
the owner, proprietor, manager or executive officer of the business liable for the
occupation tax levied for the year shall file with the supervisor of the business
license office of the county, on a form furnished by supervisor of the business
license office, a signed return setting forth the actual amount of the gross receipts
of such business during the calendar year.
(b) If the amount of the occupation tax for the preceding year based on the
return provided for in this section, and on the rate of the tax provided for in this
article, exceeds the amount of occupation tax theretofore paid by the business
based on the estimate filed pursuant to section 78-36, the difference in such
amount shall be due and payable by the taxpayer to the county on March 1 of the
current year and delinquent if not paid on or before such date.
(c) If the amount of the occupation tax for the preceding year based on the
return provided for in this section, and on the rate of the tax provided for in this
article, exceeds is less than the amount of occupation tax theretofore paid by the
business based on the estimate filed pursuant to section 78-36, the difference in
such amount shall be refundable by the county to the taxpayer; or, if the business
continues to be conducted in the county during the current year, such difference in
amount may be credited by the county on the amount of occupation tax to be paid
to the county by the business for the current year.
(Ord. of 10-25-94; Code 1977, § 3-7-8)
Sec. 78-61. Purpose of article; statutory authority; applicability of

general regulations.
(a) This article is enacted in accordance with the plan designed for the purposes,
among others, of promoting the health and general welfare of the community, to
establish reasonable and ascertainable standards for the regulation and control of
astrologists, contractors, detective agencies, door-to-door salespersons, escort
services, fortunetellers, garbage collectors, handwriting analysts, health spas,
hypnotists, weekend vendors, wrecker operators, taxicabs, security agencies and
guards, modeling services, psychics, massage practitioners, peddlers, amusement
activities and rides, pawnshops, billiard parlors or rooms, flea markets and vendors
therein, precious metals dealers or shops, adult entertainment establishments and
any other business activities that from time to time may require additional police
protection and regulation in order to ensure the health and safety of the
community.
PAGE 20 OF 73
(b) The provisions of this chapter enumerated in articles I and II regarding the
administration and enforcement of business licenses apply to all special licenses in
addition to the provisions enumerated in this article.
(Ord. of 10-25-94; Code 1977, § 3-7-40; Ord. of 9-10-02; Ord. of 7-8-03)

The following words, terms and phrases, when used in this division, shall have the
Alcoholic beverages includes, but is not limited to, malt beverages, vinous liquors
and spirituous liquors.
Amusement activity includes any fair, concert, carnival or sideshow and those
activities, rides and games normally associated with such amusements wherein the
general public is allowed to view or participate for a price.
Billiard room means any public place with two or more tables on which the game
of billiards is permitted to be played.
Billiards means any of the several games played on a table surrounded by an
elastic ledge of cushions, with balls which are impelled by a cue, and shall include
all forms of the game known as carom billiards, pocket billiards and English
billiards. The term shall apply to all tables, both coin-operated and non-coin-
operated.
Health spa means a business establishment having ten or less employees with
equipment, facilities and staff to help customers lose weight, reduce stress,
provide therapy, enhance appearance, or experience sensory pleasure.
Licensee means any person holding a license issued under this division.
Massage means manipulation of the human body's soft tissue through manual,
mechanical or electrical means or similar treatment to the human trunk or limbs.
Massage practitioner includes but is not limited to masseurs, masseuses and
massage therapists, and includes any person who manipulates the body's soft
tissue through manual, mechanical or electrical massage, or similar treatment to
the human trunk or limbs; provided, however, it shall not include any person who
diagnoses or performs a service who holds an unlimited license to practice
medicine, surgery, chiropractic or podiatry, or an employee, or athletic trainer,
technician or physical therapist who acts under the prescription or supervision of a
medical doctor, chiropractor or podiatrist.
Pawn and pledge mean bailment of personal property as security for any debt or
engagement, redeemable upon certain terms and with the express or implied
power of sale on default.
Pawnshop means any business wherein a well-defined part thereof is to take or
receive, by way of pledge, pawn or exchange, any goods, wares or merchandise,
or any kind of personal property whatever, as security for the repayment of money
lent thereon.
Pool room. See Billiard room .
PAGE 21 OF 73
Spa. See Health spa.

(Ord. of 10-25-94; Code 1977, § 3-7-91; Ord. of 7-8-03; Ord. of 7-27-04)
Sec. 78-132. Special licenses generally.

(a) It shall be unlawful for any person to engage in the business, trade or
profession or practice the business, trade or profession of an amusement activity,
pawnshop, pool room, massage practitioner, or health spa before obtaining
approval for a license by the supervisor of the business license office.
(b) All licenses specified in subsection (a) of this section shall be a mere grant of
privilege to carry on such business during the term of the license subject to all the
terms and conditions imposed by this article and any other ordinance, resolution or
law of the county, state or United States relating to such business.
(c) All applicants for licenses specified in subsection (a) of this section shall be
required to sign an acknowledgment that they have received, read and understood
the provisions of this article prior to issuance of the license.
(Ord. of 10-25-94; Code 1977, § 3-7-90; Ord. of 7-8-03)
Sec. 78-133. Application; appeals; renewal.
(a) Applications for any of the licenses detailed in section 78-132(a) shall be filed
with the supervisor of the business license office on forms as prescribed by the
county, and shall also meet the standards and specifications as enumerated in
divisions 4 through 7 of this article.
(b) In the event of any adverse decision or ruling by the supervisor of the
business license office, the applicant or aggrieved party shall have the right of
appeal to the business license review board as provided in section 6-90.
(c) The decision of the license review board shall be final unless appealed to the
board of commissioners, as specified in section 6-90.
(d) All licenses for pawnshops, pool rooms, massage practitioners, and health
spas shall be renewed with the business license office prior to December 31. All
pawnshops, pool rooms, massage practitioners and health spas that currently
possess a business license at the time of the adoption of the ordinance from which
this section is derived shall renew their business license on or before the expiration
date of their current license and those businesses shall renew their license prior to
December 31.
(Ord. of 10-25-94; Code 1977, § 3-7-92; Ord. of 7-8-03)
Sec. 78-134. Standards for issuance.

PAGE 22 OF 73
(a) No application for any license for amusement activities, massage

practitioners, pawnshops, pool rooms and health spas shall be granted where the
application or other evidence shows any of the following conditions to exist:
(1) The applicant has had any license issued under the police powers of any
county or other governmental subdivision previously suspended or revoked.
(2) The applicant, as a previous holder of a license for the business or business
activity for which he now seeks a license, has violated any law, regulation or
ordinance pertaining to such business within a five-year period immediately
preceding the date of application.
(3) The applicant or any employee of the applicant has committed any of the acts
enumerated in section 78-45(c) which constitute due cause for denial of a license.
(b) In addition to the conditions set out in subsection (a) of this section, in
determining whether or not any license applied for shall be granted, the following
shall be considered in the public interest and welfare:
(1) If the applicant is a previous holder of a license, the manner in which he
conducted the business thereunder as to the necessity for unusual police
observation and inspection in order to prevent the violation of any law, regulation
or ordinance relating to such business.
(2) The location for which the license is sought as to traffic congestion, general
character of the neighborhood and the effect the business that is applied for would
have on the adjacent and surrounding property values.
(3) The number of licenses already granted for similar businesses in the trading
area of and the place for which the license is sought.
(4) If the applicant's spouse shall not be able to meet the qualifications of an
applicant, particularly if it appears that the applicant's spouse or another person is
using the applicant as a guise or "dummy" to obtain a license.
(Ord. of 10-25-94; Code 1977, § 3-7-93; Ord. of 7-8-03)
Sec. 78-135. Fees.
The fees for licenses for amusement activities, pawnshops, pool rooms, massage
practitioners and health spas shall be as established by the board of
commissioners, and shall be available as part of the schedule of fees in the
business license office. The board of commissioners may amend or revise these
fees from time to time.
(Ord. of 10-25-94; Code 1977, § 3-7-94; Ord. of 7-8-03)
Sec. 78-271. Enforcement of division; penalty.

PAGE 23 OF 73
(a) Penalty. Any person violating any of the provisions of this division governing
massage practitioners and health spas shall be punished as provided in section 1-
10.
(b) Revocation or suspension of license. Any person violating any of the
provisions of this division governing massage practitioners health spas subjects
any license under this division to revocation or suspension as provided in this
division.
(c) Abatement of violations as nuisance. Every violation of the terms of this
division governing massage practitioners and health spas shall be termed a
nuisance and a continuing nuisance so long as such violation may be continued,
and such violation may be subject to abatement as a nuisance as provided by laws
of this state.
(d) Injunction. The violation of any provisions of this division as they pertain to
massage practitioners and health spas may be enjoined by proceedings in courts
of competent jurisdiction in this state. Such actions may be maintained
notwithstanding that other adequate remedies at law exist.
(e) Remedies cumulative. Each of the remedies set out in subsections (a)
through (d) of this section is cumulative and is not to be construed as curtailing
the right of any resident, property owner or other person from bringing any proper
action for enforcement of this division as it pertains to massage practitioners and
health spas.
(Ord. of 10-25-94; Code 1977, § 3-7-163; Ord. of 7-8-03)
78-291. Application.
No person shall engage in the business, trade, or profession or practice the
business, trade or profession of a massage practitioner or health spa unless such
person shall, before engaging in such business, trade or profession, file an
application for a license with the county as set forth in division 3 of this article.
Such application shall set forth or show compliance with the following:
(1) Name and address of the applicant.
(2) Name and address of any person having previously employed the applicant
for a period of two years or longer in a massage or physical culture studio, health
spa or business.
(3) Qualifications, plainly stated, with all documentary exhibits annexed.
A copy of the diploma required under section 78-293(2) must be attached for
massage practitioner applications.
(Ord. of 10-25-94; Code 1977, § 3-7-150; Ord. of 7-8-03)
Sec. 78-292. Investigation of applicant and employees.

PAGE 24 OF 73
The county police department shall investigate the background and make a
character reference check of the applicant for a health spa license license under
this division and each employee of applicant prior to the issuance of any license.
(Ord. of 10-25-94; Code 1977, § 3-7-151)
Sec. 78-293. Qualifications of applicant.
An applicant for a health spa license under this subdivision, prior to making
application for a license, must have the following qualifications: a location in
unincorporated Cobb County zoned for a health spa.
(1) The applicant must be of good moral character.
(2) The applicant must be the holder of a diploma earned by applicant from a
state certified school, representative of the fact that applicant attended a course of
study of not less than 600 credit hours, consisting of a curriculum of physical
culture, massage, hydrotherapy, electrotherapy, hygiene, health service
management and other such subjects; or the applicant has been certified by the
National Certification Board for Therapeutic Massage and Bodywork (NCBTMB); or
the applicant has been certified by an accrediting agency designated by the United
States Department of Education or its successor.
(Ord. of 10-25-94; Code 1977, § 3-7-152; Ord. of 6-27-95(1); Ord. of 8-10-99;
Ord. of 7-8-03)
Division 7. Massage Practitioners Health Spas

Subdivision I. In General
Sec. 78-271. Enforcement of division; penalty.
Sec. 78-272. Inspections.
Sec. 78-273. List of employees to be filed with county.
Sec. 78-274. Record of treatments.
Sec. 78-275. Hours and place of operation.
Sec. 78-276. Prohibited contact.
Secs. 78-277--78-290. Reserved.
Subdivision II. License
Sec. 78-291. Application.
Sec. 78-292. Investigation of applicant and employees.
Sec. 78-293. Qualifications of applicant.
Sec. 78-294. Grounds for denial, suspension or revocation.
Sec. 78-295. Reapplication after denial or revocation.
Sec. 78-296. Change of location of business.
Sec. 78-297. Transfer.
Secs. 78-298--78-319. Reserved.
PAGE 25 OF 73
DIVISION 7. MASSAGE PRACTITIONERS AND HEALTH SPAS*
__________
*Editor's note: An ordinance of July 8, 2003, amended the title of div. 7 to
include health spas.
Cross references: Health and sanitation, ch. 62.
Sec. 83-13. Notice to remove and hearing.

(1) If code enforcement personnel find have reason to believe that a
violation as described and declared in this section exists, the owner of the
offending property shall be notified and requested to cause the condition to be
remedied. The notice shall be presented by both a physical posting on the
property in the name of the property owner and by certified mail or personal
delivery to the owner or owners as their names and addresses are shown on the
tax records of the county. Notice shall be deemed complete and sufficient when so
physically posted and personally delivered or mailed.
(2) The required notice shall contain the following:
(a) Name(s) and address(es) of the owner(s) of the property, according to
the public records of Cobb County, Georgia.
(b) Location of the property on which the violation exists.
(c) A statement by the code enforcement officer that the property has been
inspected pursuant to this section and code enforcement division has reason to
believe that a violation of the above section(s) has been determined to exist on
the property, which violation constitutes a public nuisance.
(d) A description of the condition which causes the property to be in violation.
(e) A requirement that the record owner of the property remedy the violation
within 20 calendar days from the date of the notice, failing which the county will
remedy the condition and assess against the lot of record owner the costs thereof
plus an administrative charge .and assess against the record title owner of the
parcel of land all the costs thereof plus an administrative charge.
(f) A statement that, if the costs and administrative charge are not paid
within 30 calendar days of invoice date, a lien will be placed on the property.
(g) A schedule of the charges which may be assessed against the record
owner if the county has to remedy the violation.
(h) An estimate of the total cost, based on the schedule of charges, if the
violation is remedied by the county. Such estimate is not to be interpreted or
construed as the final cost which may be assessed, but only a good-faith
approximation of such cost. The final assessable cost may be greater or lesser
than the estimate.
(i) A statement that the record owner of the property may, within 20
calendar days from the date of the notice, make a written request for a hearing
PAGE 26 OF 73
before the board of commissioners for the purpose of showing that the cited
condition does not constitute a violation.
(3) Within 20 calendar days from the date of the notice, the owner of the
property may make a written request to the board of commissioners for a hearing
before that body to show that the condition does not constitute a public nuisance.
Such request shall state the name of the property owner, the location of the cited
property, and the grounds upon which the owner relies in order to show that the
cited condition does not constitute a public nuisance. At the hearing the county
and the property owner may introduce such evidence as is deemed necessary.
(Ord. of 2-27-07)
ARTICLE III. PROHIBITING UNAUTHORIZED DUMPING ON ABANDONED

PROPERTIES
Sec. 83-17 Prohibiting Unauthorized Dumping On Abandoned Properties .

It is found and declared that unauthorized dumping on properties within
unincorporated Cobb County is unhealthy and undesirable in that it provides
harborage for rodents and insects, lowers property values, and constitutes a public
nuisance.

As used throughout this article, the terms
Abandoned property means any lot, tract, or parcel of improved real estate that is
unoccupied. It shall include any dwelling, building, structure, or part thereof used
and occupied for human habitation or commercial, industrial, or business uses, or
intended to be so used, and includes any outhouse, improvement, and
appurtenance belonging thereto or usually enjoyed therewith and also includes
any building or structure of any design. For the purposes of this section
unoccupied shall be evidenced by notice of termination of service by a local utility
provider, as well as visual observation by county personnel to include on site visits,
or written communication attempts. A property shall be considered abandoned if
unoccupied for 60 days, with no utility service being provided to the property and
there is an apparent lack of maintenance/upkeep to the property and/or
structures. As used in this chapter, the term shall not mean any dwelling,
building, unit or structure that has been classified as a nuisance in accordance with
Article I of this chapter or include any farm, any building or structure located on a
farm, or any agricultural facility or other building or structure used for the
production, growing, raising, harvesting, storage, or processing of crops, livestock,
poultry, or other farm products.
PAGE 27 OF 73
Owner means the current owner of record as shown by the records of the tax
commissioner and the deed records of the clerk of superior court for the current
calendar year.
Sec. 83-19. Exemptions.

This section shall not apply to county, state or federal property.
Sec. 83-20. Prohibited.

It shall be unlawful for the owner of any property as defined in this section to
permit dumping on any abandoned property.
Sec. 83-21. Access Barrier Required.

Any property that has been observed by county personnel as being abandoned for
longer than 60 days via notice of violation as required in Chapter 2-102(2) of this
code, must erect a fence or other suitable barrier approved by Cobb County to
prevent continued dumping violations within 30 days of receipt of notice of
violation.
Sec. 83-22. Notice of violation.
Code Enforcement personnel shall provide notice of any violation to this Article in
accordance with Chapter 2-102(2) of this code.
Sec. 90-57. Remaining on county or federal parkland after closure prohibited.

No person shall remain on federal or county parkland 30 minutes after the posted
closure of said park, until the posted opening time the following day, without proof
of permission issued by the proper respective authorities. If any person is
discovered by county law enforcement authorities on said parkland 30 minutes
after park closure, and the person is loitering or exhibiting disorderly conduct, the
person shall leave and may be cited or arrested for such behavior. If the person
violating this section receives a citation, that person will be required to appear to
answer the charge at a later specified time.
(Ord. of 1-23-01)
Sec. 90-60. Closure of Recreation Areas.

PAGE 28 OF 73
It shall be the duty of the director of the parks, recreation and cultural affairs
department, in conjunction with the department of public safety, to cause signs
specifying the prohibited use of any recreation area, ball field, tennis court,
building, pavilion, parking lot, or any other area within any property under the
supervision of the department to be placed at the entrance of each such park or at
the appropriate places within such parks so as to afford notice to the public of
such prohibited use. Fields and/or facilities may be temporarily closed and posted
due to weather and/or other conditions.
Sec. 90-61. Failure to Obey Officially Posted Signs.
It shall be unlawful for any person to utilize any recreation area, ball field, tennis
court, building, pavilion, parking lot or any other area within any park under the
supervision of county parks, recreation and cultural affairs department, where
posted signs prohibit the use of such area.
Sec. 90-62. Violations and Enforcement.
(a) The violation of Sec.90-61shall be punishable by a fine of $35.00.
(b) If any person shall remain upon or return to any property closed pursuant to
Sec. 90-60 after being cited for violating Sec. 90-61 by a public safety officer while
that property remains closed, each such additional violation shall be punishable by
a fine of $100.00 per occurrence.
(c) After being found guilty of violating Sec. 90-61 and/or having pled guilty to a
violation of Sec. 90-61, each subsequent violation occurring within a12 month
period from the date of the any violation shall be punishable by a fine of $100.00
per occurrence.
Secs. 90-58 62--90-65. Reserved.
Business license means the license required of all persons engaged in business in
the unincorporated areas of the county as set forth in chapter 78, concerning
licenses, permits and businesses, as amended.
PAGE 29 OF 73
Chauffeur means, for purposes of this article, any person with a Georgia state
driver's license who meets the qualifications as prescribed in O.C.G.A. § 46-7-
85.10 and who is authorized by the public service commission to drive a sedan,
limousine, extended limousine, van or minibus.
Director means the director of the Cobb County Public Safety Agency public
safety.
Dispatcher means a person assigned to a base of operations, in contact with

taxicabs of
the licensee's company having access to a telephone to talk with passengers or
place phone calls in the event of an emergency.
Domicile means the place where the corporate establishment is maintained; its
principal place of business.
Licensee means a person licensed by the county business license office to engage
in the vehicle for hire business.
Limousine means any motor vehicle that meets the manufacturer's specifications
for luxury limousine with a designed seating capacity for no more than ten
passengers with a minimum of five seats located behind the operator of the
vehicle, and which does not have a door at the rear of the vehicle designed to
allow passenger entry or exit; further, no vehicle shall be permitted to be operated
both as a taxicab and as a limousine. Limousines and limousine carriers shall be
fully regulated by the state under the public service commission.
Motor vehicle safety standards means standards promulgated by the public safety
department agency for approval by the board of commissioners that all vehicles for
hire regulated under this article must meet.
Operator's permit means the written authority granted by the public safety
department to persons who qualify to operate vehicles for hire. Sometimes
referred to as driver's permit.
Permittee means a person granted a permit to operate vehicles for hire in the
unincorporated areas of the county.
Sedan means any luxury or nonluxury sedan or town car type vehicle which has a
seating capacity of not more than five passengers and the driver and which does
not contain a taximeter designed to measure electronically or mechanically the
distance traveled or time.
Sedan carrier means any person operating a service regularly rendered to the
public by furnishing transportation as a motor common carrier for hire, not over
PAGE 30 OF 73
fixed routes, by means of sedans driven by chauffeurs on the basis of telephone

contract, written contract or other prearrangement.
Taxicab means a motor vehicle used as a public conveyance which does not meet
the requirements of a limousine, is not a van, minibus or sedan, has a taximeter
and is subject to the rules and regulations of this article.
Valid complaint means a complaint against an operator or business to the

business license office where the complainant provides his name, address and
substance of complaint, and expresses a willingness to attend any hearing
regarding his complaint.
Van means any motor vehicle, other than a limousine, extended limousine,
minibus or a sedan, with a designed seating capacity for no more than 15
passengers, including the driver.
Vehicle for hire means any motor vehicle designed or used for the purpose of
transporting passengers for consideration or charges which are determined by
agreement, contract, mileage or by the length of time the vehicle is used. Such
term does not include vehicles regulated by the state public service commission.
For the purposes of this article, vehicles for hire shall mean taxicabs and sedans
taxicabs.
Vehicle for hire or taxicab stand means any area where vehicles for hire or
taxicabs park, stop, wait or stand for the purpose of accepting or soliciting any
consideration, charge or fee in exchange for transportation.
Vehicle permit sticker means a sticker issued to a licensee upon proof of insurance
and verification of compliance with county vehicle mechanical safety standards, to
be placed on each vehicle for hire operated under this article and renewed
annually.
(Ord. of 4-26-94; Ord. of 9-13-94; Code 1977, § 3-25-81; Ord. of 6-27-95(2); Ord.
of 1-23-01)
Sec. 126-118. Sedan carriers and chauffeurs exempt from certain

provisions this chapter.
(a) The following provisions of this article This chapter shall not apply to sedan
carriers and chauffeurs.
(1) Subsection 126-151(c)(4), regarding a copy of the rate schedule and
operation hours.
PAGE 31 OF 73
(2) Subsection 126-151(c)(8), regarding dispatcher's address and operating

hours.
(3) Subsection 126-153(1)a, regarding submitting a company logo and/or
identification color scheme.
(4) Subsections 126-121(a), (b) and (c), regarding vehicle markings and rates.
(5) Subsection 126-122(c), regarding the prominent display of the telephone
number of the business license office.
(6) Subsection 126-129(a), regarding the first sentence pertaining to notification
of a dispatcher concerning personal property left behind.
(7) Subsection 126-130(a), second sentence, regarding display of the business
license office telephone number.
(b) The following provisions shall not apply to a chauffeur if such chauffeur can
show that he has provided substantially the same information to the public service
commission within the last 12 months:
(1) Subsection 126-151(c), regarding submitting to a police clearance consisting
of a background investigation and/or fingerprinting.
(2) Subsection 126-171(c), regarding submitting to a police clearance consisting
of a background investigation and/or fingerprinting.
(c) All other provisions of this article shall remain in full force and effect with
regard to sedan carriers and chauffeurs.
(Ord. of 6-27-95(2))
Sec. 126-120. Vehicle safety standards; verification.

(a) Each person operating a taxicab service or as a sedan carrier shall
maintain each vehicle thus operated in a good, safe and serviceable mechanical
condition.
(b) The public safety department agency shall recommend minimum motor
vehicle safety standards for approval by the board of commissioners. These
standards will be filed with the clerk of the county, the business license office and
the public safety department agency. All persons or entities operating, owning or
leasing vehicles for hire shall be presumed to have knowledge of such standards.
All vehicles for hire operating on the roads and streets of the unincorporated areas
of the county will be required to maintain their motor vehicles in compliance with
such standards. A verification statement that the motor vehicles to be used in the
business meet or exceed the requirements and standards approved by the board
of commissioners shall be required before vehicle permit stickers may be issued.
Such verification must be executed by the sole proprietor, named partner or
president or CEO of a corporation.
(c) Vehicles shall be subject to random inspections at any time by the public
safety department agency and business license office. A vehicle found to be
substandard shall be removed from service immediately and will remain removed
from service until adequate proof is provided to the director of public safety or his
designee or the supervisor of the business license office that the vehicle is
PAGE 32 OF 73
compliant with the standards approved by the county. Proof that a vehicle has
been brought into compliance with the standards shall not affect the ability to
assess any and all civil or criminal penalties or actions against the business or
driver for violation of this Code.
(Ord. of 4-26-94; Code 1977, § 3-25-86; Ord. of 6-27-95(2))
Sec. 126-129. Drivers' duties and responsibilities.

(a) Drivers of taxicabs shall notify their dispatcher of any personal property
left in the vehicle for hire and such property shall be noted on the daily dispatch
log sheets. Within 24 hours of discovery of any personal property left by a
passenger, a driver shall forward such property to the public safety department
agency or to its company's headquarters. Licensees shall maintain an accurate log
of all private property held by them and the names of all persons claiming and
receiving such property for a minimum of one year.
(b) A driver shall take the most direct route to a passenger's destination
unless otherwise authorized or directed by the passenger.
(c) It shall be unlawful for any driver of a vehicle for hire who is not
permitted and for any person who is not licensed to solicit or engage passengers
within the unincorporated areas of the county.
(d) No driver shall refuse to accept a passenger unless the passenger is
obviously intoxicated or dangerous.
(e) No driver shall refuse to accept a passenger solely on the basis of race,
color, national origin or religious belief.
(f) No driver shall be permitted to carry nonpaying passengers in a taxicab
while transporting a paying passenger or passengers except for the purpose of
driver training.
(g) It shall be unlawful for a driver to operate his vehicle in a manner which
threatens a passenger or anyone else, or to threaten or otherwise abuse a
passenger.
(h) It shall be unlawful for a driver to discharge any passenger before
reaching the passenger's destination unless the driver has a reasonable belief that
the passenger is dangerous, or unless street or area conditions do not permit a
safe discharge to either the passenger or driver.
(i) No television sets may be operated on the front seat on which the driver
sits inside of a moving vehicle.
(j) It shall be unlawful for drivers to drive, or for companies or other entities
to allow to be driven, any vehicle for hire which does not have a valid inspection
sticker, is not validly insured or, if a taxicab, has an unsealed or improperly
working taxifare meter.
(k) Persons or other entities operating a taxicab service or as a sedan carrier
shall be prohibited from allowing such vehicles to be operated by persons not
holding valid operator permits.
(l) Drivers shall not be required to carry more than $15.00 in change.
PAGE 33 OF 73
(m) Upon request of a passenger of a taxicab, drivers shall give receipts

showing the amount of fare paid, name of company, license number, number of
passengers, location of trip origination and location of trip termination. Upon
request of a passenger of a sedan carrier, drivers of sedans shall give receipts
showing the amount paid.
(Ord. of 4-26-94; Ord. of 9-13-94; Code 1977, § 3-25-99; Ord. of 6-27-95(2))
Sec. 126-130. Complaints; records; hearings.

(a) The business license office shall be responsible for receiving complaints
concerning the operation of vehicles for hire in the unincorporated areas of the
county. Pursuant to sections 126-121 and 126-122, the telephone number of the
business license office shall be prominently displayed outside and inside the
taxicab and shall designate such number as the number to call for filing
complaints.
(b) The business license office shall maintain true and accurate records of the
names and identification numbers of each driver permitted to drive vehicles for
hire and each business licensed to operate a taxicab service or as a sedan carrier,
together with other requirements of this article, and shall maintain a log of all
complaints for each operator and licensee. If the business license office shall
receive any article violation complaints concerning a particular operator…………..
Sec. 126-132. Enforcement and penalty.

(a) The public safety department agency and the business license office shall
enforce the regulations contained in this article…………………
DIVISION 2. BUSINESS LICENSES AND VEHICLE PERMITS

Sec. 126-151. License requirements generally.
(a) No person shall engage in the business of operating vehicles for hire,
except limousines, in the unincorporated areas of the county without first having
been issued a business license. Limousine carriers and other vehicles not regulated
by this article but engaged in the business of vehicles for hire which are domiciled
within the unincorporated areas of the county must be issued a business license
and pay business license fees. All licenses shall be issued by the county business
license office.
(b) The license must be posted in public view at the license location.
(c) In order to secure a business license to operate a taxicab service or as a
sedan carrier, an applicant must provide information showing its qualifications on a
form provided by the business license office of the county, information requested
by the public safety department agency and must submit to a police clearance
consisting of a background investigation and/or fingerprinting. ………………
Sec. 126-152. Insurance coverage.

(a) An applicant for a business license to operate a taxicab service or as a
sedan carrier shall provide with the application proof of a single motor vehicle
PAGE 34 OF 73
insurance policy which documents that all vehicles are to be used as a vehicle or
vehicles for hire, covering public liability and property damage issued by an insurer
authorized to do business in the state and in the applicant's name, which
insurance shall have a term of at least six month in the following amounts per
vehicle:
(1) $25,000.00 per death or bodily injury per person.
(2) $50,000.00 per death or bodily injury per occurrence.
(3) $25,000.00 personal property damage.
Should the state law which requires motor vehicle liability minimum insurance
coverage as evidence of security for bodily injury and property damage liability
(O.C.G.A. § 40-9-1 et seq., the Motor Vehicle Safety Responsibility Act) be
changed to require greater minimums in any category of liability listed in
subsections (1) through (3) of this subsection, the minimum amounts listed in this
subsection shall be automatically amended to require such amounts upon the
effective date such legislation with no additional notice to the public and no formal
action required by the board of commissioners. Additionally, should there be
enacted at any time laws affecting requirements of vehicles for hire particularly,
this article will automatically incorporate such requirements with no additional
notice to the public and no formal action required by the board of commissioners.
Surplus line insurance and direct purchase insurance is not acceptable insurance
for coverage of county taxicabs and county vehicles for hire. Applicant must
further provide certifications from the insurer or the insurer's agent that
notification of the cancellation of the insurance for a vehicle or vehicles of the
applicant shall be provided to the department of the county police department that
oversees the enforcement of the county's vehicle for hire ordinance.
(b) All persons licensed to operate a taxicab service or as a sedan carrier in
the unincorporated areas of the county as of the date of adoption of the ordinance
from which this article is derived (June 27, 1995) shall be entitled to continue
doing business, provided such person or entity submits to the business license
office of the county proof of current insurance in the manner and amounts
described above and verification pursuant to section 126-120 on or before the
effective date of the ordinance from which this article is derived…………….
Sec. 126-153. Vehicle permit stickers with license.

A business duly licensed to operate a taxicab service or as a sedan carrier
pursuant to this article will be issued, at the time of licensing or at the time of
providing proof of insurance as required by subsection 126-152(b), vehicle
permitting stickers for each vehicle owned, leased or operated by such business,
pursuant to the following conditions:
(1) The applicant or licensee must:
a. List all vehicles to be operated in the business, indicating their make,
model, year, VIN, tag number and color, on a form to be provided by the business
license office. Each company shall submit a company logo and/or
identification/color scheme, which shall not be the same or similar to any other
PAGE 35 OF 73
company. The logo and/or identification/color scheme shall be approved by the

business license office.
b. Execute a verification statement concerning the mechanical safety of each
vehicle listed in subsection (1)a of this section pursuant to section 126-120.
c. Provide proof of insurance for each vehicle listed in subsection (1)a of this
section as set forth in section 126-152, along with vehicle registration, both of
which must be in the applicant's name.
(2) Stickers must at all times be displayed on the passenger's rear side
window and in the front windshield, bottom righthand corner for sedan carriers.
Each vehicle will be assigned a numbered sticker and that sticker may not be used
on any other vehicle.
(3) No vehicle to which a permit sticker is affixed may be leased, subleased or
otherwise assigned for the purpose of operating a taxicab service or as a sedan
carrier under this article…………………………..
Sec. 126-154. Denial, suspension and revocation of business license; hearing.

(a) A business license or an application for a business license under this
article may be denied, suspended or revoked for due cause as defined in
subsection (d) of this section. A business license shall be granted by the supervisor
of the business license office if the application meets all the legal requirements of
this article and the public safety department agency provides a clearance
consistent with the requirements of this article. If the application does not meet all
the legal requirements of this article or the public safety department agency does
not provide a clearance on the application, it shall not be granted by the
supervisor of the business license office. Any decision of the supervisor shall be
final unless an appeal is filed by any aggrieved party within ten days from the date
of notice to the applicant regarding the denial of the application. The appeal shall
be to the license review board as provided for in section 6-90………………………
DIVISION 3. DRIVER PERMITS

Sec. 126-171. Regulation of drivers of vehicles for hire.
(a) No person shall operate a taxicab or sedan without an operator's permit
issued by the public safety department agency. No business licensed to operate a
taxicab service or as a sedan carrier shall employ any driver who has not been
issued an operator's permit.
(b) Operator's permits shall not be issued to any driver not employed by or
representing a licensed company. Proof of employment or representation shall be
presented upon application of a permit.
(c) An applicant for a permit must furnish information requested on a form to
be provided by the public safety department agency and submit to a police
clearance consisting of a background investigation and/or fingerprinting. Operator
permit applicants must meet the following requirements:
PAGE 36 OF 73
(1) Be at least 21 years of age; provided, however, any driver between the
age of 18 and 21 who was operating a taxicab on or before the effective date of
the ordinance from which this article is derived shall not be subject to this age
provision.
(2) Be a citizen of the United States or an alien admitted for permanent
residence or a person who has otherwise been granted employment authorization
by the United States Immigration and Naturalization Service.
(3) Possess a current, valid Georgia state driver's license, which must not be
limited as defined in O.C.G.A. §§ 40-5-58 and 40-5-64.
(4) Exhibit a proficiency with the English language so as to be able to
comprehend and interpret traffic signs, issue written receipts to passengers and
obey lawful orders of police and others in lawful authority.
(5) Not have been convicted, pleaded guilty, pleaded nolo contendere or been
on probation or parole, for a period of five years previous to the date of
application, for the violation of any of the following criminal offenses of the state
or any other state or of the United States: criminal homicide; rape; aggravated
battery; mayhem; burglary; aggravated assault; kidnapping; robbery; child
molestation; any sex-related offense; driving a motor vehicle while under the
influence of intoxicating beverages or drugs; leaving the scene of an accident;
criminal solicitation to commit any of these listed offenses; attempts to commit any
of these listed offenses; any felony in the commission of which a motor vehicle
was used; perjury or false swearing; any crime of violence or theft, or possession,
sale or distribution of narcotic drugs, barbituric acid derivatives or central nervous
system stimulants; provided, however, that all applicants shall be entitled to the
full benefits of O.C.G.A. § 42-8-60 et seq., relating to first offender status. If at the
time of application the applicant is charged with any of the offenses prescribed in
this subsection, consideration of the application shall be suspended until entry of a
plea or verdict or dismissal.
(d) All operator permits automatically expire one year from the date they are
issued. It shall be the responsibility of the operator to renew his permit and pay
the applicable fee.
(e) Drivers are responsible for reporting any change in qualifications or status
from information previously supplied to the public safety department agency within
ten days of such change.
(f) Operator permits must be posted on the dash or sunvisor of the vehicle
being driven so that it is visible from the passenger area. Drivers of sedans must
have their operator's permits in their possession and they must be visible to
passengers. Licensees under this article are responsible for checking to ensure that
each driver has a current operator's permit in his possession and that such permit
is posted on the dash or sunvisor of the vehicle being operated.
(g) A schedule of permit fees, as adopted from time to time by the board of
commissioners, shall be posted in the offices of the clerk of the county and the
public safety department agency. Any permittee who fails to timely renew his
permit and fails to pay such fee when due shall pay, in addition to such fee, a
PAGE 37 OF 73
separate penalty equal to ten percent of the required fee, for each period of 30
days, or portion thereof, following the due date. If the fees adopted from time to
time by the board of commissioners provide for different fees for county
drivers/operators than for noncounty drivers/operators, to be considered a county
driver/operator and pay fees associated therewith, a driver must have or operate
out of one or more offices in the unincorporated part of the county; a post office
box will not constitute an office. Proof of a current lease, if applicable, for the
company premises, an affidavit as to ownership or occupancy or proof of
association with a county licensee must be submitted to the public safety
department upon request.
(Ord. of 4-26-94; Ord. of 9-13-94; Code 1977, § 3-25-88; Ord. of 6-27-95(2); Ord.
of 7-8-03)
Sec. 126-172. Denial, suspension, revocation of permits; hearing.

(a) An operator's permit or an application for an operator's permit under this
article may be denied, suspended or revoked for due cause as defined in
subsection (d) of this section. An operator's permit shall be granted by the director
of public safety or his designee if the application meets all the legal requirements
of this article and the public safety department agency provides a clearance
consistent with the provisions of this article. If the application does not meet all
the legal requirements of this article or the public safety department agency does
not provide a clearance on the application, it shall not be granted by the director
of public safety or his designee. Any decision of the director or his designee shall
be final unless an appeal is filed by any aggrieved party within ten days from the
date of notice to the applicant regarding denial of the application. The appeal shall
be to the license review board as provided for in section 6-90………………..

The following words, terms and phrases, when used in this chapter, shall have the
Accessory building or structure means a building………………………..
Automotive salvage and wrecking yard means any place where two or more motor
vehicles not in running condition, or parts thereof, …………………………….
Basement (for the purposes of this chapter) means a portion of a building partly
underground which has more than one-half of its height, measured from finished
floor to finished ceiling, above the average grade of the adjoining ground. A
basement shall not be deemed a story unless the ceiling is six feet or more above
PAGE 38 OF 73
the grade, or unless it is part of any permitted self-service storage

facility……………….
Building means any structure designed or built for the support, enclosure, shelter
or protection of persons, animals or property of any kind.
Building height (height of structure or building) means the vertical distance from
the curb level, or its equivalent, to the highest point of the …………………………
Building line means the perimeter of that portion of the building or structure
nearest a property line, but excluding open steps, terraces, cornices and other
ornamental features projecting from the walls of the building or structure. For the
purposes of this chapter, the foundation wall of a building, excluding brick, stucco,
stone, or other siding material, shall constitute the perimeter as described in this
definition, except that. cantilevered portions of a building, excluding the brick,
stucco, stone or other siding material applied thereon, must be within a building
line established in this chapter.
Business vehicle means a vehicle used as commercial

transportation……………………….
Condominium means individual ownership of units in a multifamily structure,

together with the joint ownership of common areas of the building and grounds.
Continuing Care Retirement Community means a community designed for and

occupied by those persons age 55 and older as defined by the Fair Housing Act as
may be amended from time to time that provides a range of housing and lifestyle
needs. Continuing Care Retirement Communities (CCRC’s) may include detached
and attached dwelling units (single and multi story) and supportive and non
supportive Residential Senior Living facilities. CCRC’s must provide skilled care
nursing and health facilities on site. CCRC’s may also include accessory uses within
the community that provide services to the residents such as, but not limited to
ambulance services, athletic and health clubs, banks and financial institutions ,
churches, chapels, temples, synagogues, and other such places of worship, clinics,
clubs or lodges (noncommercial), administrative offices for any accessory use,
cultural facilities, designated recycling collection locations, eating and drinking
establishments, film developing and printing facilities, laundry and dry cleaning
pickup establishments, medical and dental laboratories (provided that no chemicals
are manufactured on-site), neighborhood retail uses, nonautomotive repair service
establishments, office service and supply establishments, photography studios,
professional offices, recreation grounds, self-service laundry facilities, studios and
supplies, provided that no more than 50 percent of total gross floor area will be
used for storage.
PAGE 39 OF 73
Convenience food store with self-service fuel sales means any retail establishment
offering for sale …………………………
Sec. 134-36. Temporary land use permit s for home occupations.

(a) The board of commissioners may permit temporary land use permits for
limited periods of time for the operation of home occupations uses, exceptions or
professions in areas and districts where the zoning regulations would otherwise
prohibit such operations. For purposes of this section, the term "home occupation"
means those temporary occupations which can ordinarily be carried on out of a
residence or other structure without having any significant effect on the
neighborhood or area from which such home occupation is carried on, for
example, beauty shops where a single operator is involved, income tax
preparation, accounting services and other occupations of a limited nature which
are carried on by those who regularly occupy the household. Customary home
occupations as defined in this chapter, do not require a temporary land use permit.
(b) In addition thereto, the board of commissioners may grant temporary land
use permits for limited periods of time for occupations or businesses compatible
with the neighborhood from which such business or occupation is operated and
where no nuisance as defined in state law or other significant adverse effect would
result to the area or district zoned.
(c) All applications for temporary land use permits shall be advertised in the
same manner as applications for rezoning, and public hearings will be held thereon
in the same manner as hearings on applications for rezoning are conducted.
(d) The board of commissioners has determined that temporary land use
permits are only appropriate if granted for a limited period of time. In no event
shall the board of commissioners grant a land use permit for a period of time in
excess of 24 months except on reapplication, readvertisement and public hearing.
Land use permits that have been in existence for ten years or more from the
adoption date of this amendment will continue to be considered upon each
renewal, until the use ceases to operate or is relocated. Land use permits for
exceptions to the county’s minimum square footage per adult occupant and
minimum square footage per vehicle parked at a dwelling unit or mobile home will
be considered upon each renewal. Land use permits, (other than those for
exceptions to the county’s minimum square footage per adult occupant and
minimum square footage per vehicle parked at a dwelling unit or mobile home)
that have been in existence less than ten years from the adoption date of this
amendment will be allowed to apply for one more renewal, which if granted may
PAGE 40 OF 73
be granted for up to 24 months. Once the period of time for which the temporary
land use permit was granted has expired, the use must cease or relocate.
All new applications, (other than those for exceptions to the county’s minimum
square footage per adult occupant and minimum square footage per vehicle
parked at a dwelling unit or mobile home) that have been approved for a
temporary land use permit after the adoption date of this amendment may only be
considered for one renewal up to 24 months from the date the temporary land use
permit was granted. Once the period of time for which the temporary land use
permit was granted has expired, the use must cease or relocate.
If the property where a land use permit has been granted is sold or otherwise
conveyed, or the business for which the land use permit was granted is sold or
otherwise conveyed, requiring a change in the business license, the approved land
use permit shall no longer be valid. In order for the use to resume operation, a
new land use permit must be applied for and approved by the board of
commissioners.
(e) The applicant or operator must reside full-time at the residence where the
temporary home occupation or temporary business is performed if the property is
located in a platted subdivision.
(f) Any temporary signage approved with a temporary land use permit must
be consistent with 134-314(f)(7) and 134-315(a).
(g) The board of commissioners shall consider, at a minimum, the following in
its determination of whether or not to grant a temporary land use permit:
(1) Safety, health, welfare and moral concerns involving the surrounding
neighborhood;
(2) Parking and traffic considerations;
(3) Number of nonrelated employees;
(4) Number of commercial and business deliveries;
(5) The general presumption of the board of commissioners that residential
neighborhoods should not allow noncompatible business uses;
(6) Compatibility of the business use to the neighborhood;
(7) Hours of operation;
(8) Existing business uses in the vicinity;
(9) Effect on property values of surrounding property;
(10) Circumstances surrounding neighborhood complaints;
(11) Intensity of the proposed business use; and
(12) Location of the use within the neighborhood.
(Ord. of 1-8-74; Ord. of 12-11-90, § 3-28-10.1; Ord. of 11-23-99; Ord. of 12-9-03)
PAGE 41 OF 73
Sec. 134-37. Special land use permits.

(a) A special land use permit shall be required for the following types of uses
of property regardless of the zoning classification or district for the realty:
(1) Radio, television, microwave, land mobile, telephone or other
communication towers or antennas, including antennas or other communications
equipment or facilities to be placed on a tower that was or will be constructed
pursuant to the exemption set forth in section 134-3(2)……………………..
(27) Trade shows/expositions.
(28) Flea Markets
(29) Continuing Care Retirement Communities
(b) The board of commissioners may grant special land use permits for the
uses enumerated in subsection (a) of this section. The granting of a special land
use permit is ……………………….
(Res. of 9-25-84, §§ 1--4; Ord. of 4-15-86; Ord. of 12-11-90, § 3-28-10.2; Ord. of
9-26-95; Ord. of 6-24-97 (eff. 7-1-97); Ord. of 2-9-99; Ord. of 11-23-99; Ord. of
12-9-03)
Sec. 134-193. R-80 single-family residential district.

The regulations for the R-80 single-family residential district (80,000-square-foot
lot size) are as follows:…………………….
7) Building and structure requirements. Maximum building height is 35 feet

12) Accessory buildings, structures, uses and decks…………….
Neighborhood recreation centers, amenities and swimming pools are subject to the
following:…………………..
Parking requirements are as follows:

i. A minimum of 20 parking spaces shall be provided for amenities which include a
swim facility or swim/tennis facility with up to four courts. Additional spaces at the
PAGE 42 OF 73
minimum rate of four spaces per court shall be provided for each court over four in
number. A minimum of ten spaces for every two courts shall be provided for
amenities which include tennis courts only.
ii. In addition to the requirement of subsection (12)e.7.i of this section, a
minimum of five spaces for each 50 residents, or prorated portion thereof, over
100 shall be provided.
i. A minimum of one space per 5 residences,
iii. Parking spaces shall be paved and striped according ……………………
Sec. 134-194. RR rural residential district.

The regulations for the RR rural residential district are as follows:……………..



lot size) are as follows:…………………
7) Building and structure requirements. Maximum building height is 35 feet.

PAGE 43 OF 73


lot size) are as follows:………………….



lot size) are as follows:……………………..

PAGE 44 OF 73


lot size) are as follows:………………………….



PAGE 45 OF 73
Sec. 134-198.1. Open space community overlay (OSC) district.

(a) Purpose and intent. The OSC overlay district is established to encourage
the preservation of natural resources within residential
development………………………
(f) Review criteria.

(1) Minimum setback requirements, exterior lots as described in item g. Lots
must be designed so to accommodate on site parking for at least two vehicles and
provide for side setbacks, the sum of which equals the minimum required for the
underlying zoning district total sum of side setbacks required for the underlying
zoning district, with a minimum of five feet.

Commencing April 4, 1996, no new applications for rezoning to the R-12 district
will be accepted by the board of commissioners. The regulations for the R-12
single-family attached/detached residential district are as follows:…………………..



PAGE 46 OF 73
Sec. 134-200. RD residential duplex district.

The regulations for the RD residential duplex district are as follows:……………….


Sec. 134-201. RA-4 single-family attached/detached residential district.

Commencing April 4, 1996, no new applications for rezoning to the RA-4 district
will be accepted by the board of commissioners.The regulations for the RA-4

PAGE 47 OF 73

Sec. 134-201.1. PRD planned residential development district.

Commencing April 14, 1999, no new applications for rezoning to the PRD planned
residential development district will be accepted by the board of commissioners.
The regulations for the PRD planned residential development district are as
follows:…………………



PAGE 48 OF 73
Sec. 134-201.2. RA-5 single-family attached/detached residential district.

The regulations for the RA-5 single-family attached/detached residential district
are as follows:…………………………..

Sec. 134-201.3. SC suburban condominium residential district

The regulations for the SC suburban condominium residential district are as
follows:…………..
(7) Building and structure requirements. a) Maximum building height is 35

feet with no more than two stories; b) Any structure within the SC district shall
have a pitched roof conceptually consistent with the following diagrams; c)
Additionally, the pitched roof shall be constructed with asphaltic shingles or
material consistent in appearance with asphaltic shingles. The pitched roof shall be
subject to the requirements of the county Georgia Span Tables for Joists and
Rafters 1978, as amended from time to time. The pitched roof shall also be further
subject to approval by the community development department. Any structure
within the SC district which is adjacent to residentially zoned property shall also be
architecturally compatible with the adjacent residential properties. The
PAGE 49 OF 73
architectural design shall be approved by the division manager of zoning or his

designee.
Sec. 134-202. RA-6 single-family attached/detached residential district.

Commencing April 4, 1996, no new applications for rezoning to the RA-6 district
will be accepted by the board of commissioners.The regulations for the RA-6

Sec. 134-203.2. RSL non supportive residential units.

The regulations for the RSL non supportive residential units, in addition to all
section 134-203 regulations are as follows:…………..
(11) Location criteria, design criteria and use limitations.

a. Any RSL non supportive residential units shall be subject to the site plan
submitted and approved by the board of commissioners. Overall residential
development shall be compatible with neighboring residential uses……………….
t. Maximum building height of two stories .

PAGE 50 OF 73
Sec. 134-208. MHP/S mobile home subdivision district.

(a) Purpose and intent. The MHP/S district is established to provide locations
for mobile home subdivisions which eliminate or minimize certain conditions
associated with mobile homes. The board of commissioners finds that it is
necessary to restrict the location of mobile homes in order to: preserve land for
low density, single family dwellings; protect property values; guard against
increased crime; guard against traffic congestion; maintain aesthetics; regulate
population density; prevent waste and sewage problems; regulate housing stock;
and attempt to address concerns regarding wind vulnerability.
(b) Standards. The regulations for the MHP/S mobile home subdivision district
are as follows:
(1) Conditions of operation. Each subdivision shall provide the following
minimum facilities:
a. Underground utility lines. Utility lines shall be underground unless the
plans approved by the planning commission indicate certain specific lines above
the ground.
b. Recreation area. At least five percent of the gross land area shall be set
aside for recreational use. No such area should be less than one-half acre.
(2) Minimum size of subdivision; required lot area.
a. No mobile home subdivision shall be developed on a tract less than 20
acres in size.
b. Each individual lot shall have at least a width of 75 feet and shall provide
a minimum of 7,500 square feet in area. In cul-de-sac or curved street designs,
the width of the lot shall be 75 feet at the location of the mobile home units.
c. Each lot shall be defined by a marker at each corner.
(3) Yard requirements.
a. The front yard shall be at least 40 feet, except when located on a major
thoroughfare it shall be increased to 75 feet.
b. Each side yard shall be at least ten feet.
c. The rear yard shall be at least 30 feet.
(4) Buffer strip requirements. A buffer strip at least 25 feet wide shall be
required when the subdivision is located adjacent to property zoned for single-
family dwellings or duplexes. This strip shall be densely planted with evergreen
shrubs and trees.
PAGE 51 OF 73
(5) Off-street parking. Each lot is required to have a paved driveway,

connecting to a public street, sufficient in length and width to serve as two off-
street parking spaces.
(6) Streets. All streets shall be constructed in accordance with chapter 110,
pertaining to subdivisions.
(7) Reserved.
(8) Other regulations.
a. Central sewerage must be used. There shall be no individual-lot septic
tanks.
b. All driveways located within the boundaries of the park shall be lighted in
accordance with the state health department regulations.
c. Land contours shall be such that proper drainage shall exist throughout
the park or subdivision.
d. All of the regulations of the county and the fire marshal's office shall be
adhered to.
e. All utility installations shall conform with all of the existing and future
utility codes of the county.
f. All of the other requirements of the county and state health department that are
not included in this section shall be complied with.
g. Public water supply shall be used and there shall be no private wells.
h. No outside storage is permitted, excluding firewood and lawn furnishings.
Required buffers may be included within required setbacks; however, in such case
that the required buffer is greater than the required setback, the required buffer
shall be adhered to. Additionally, necessary private utilities and access drives may
be allowed through, over or across a landscape buffer. Any such uses which are
proposed through, over or across a designated undisturbed buffer must be
approved pursuant to an original site plan or site plan modification as set forth
under section 134-126.
(9) Nonconforming use. The lawful use of land existing at the time of the
adoption of the ordinance from which this section is derived, although such use
does not conform to the provisions in this section, may be continued, but, if such
nonconforming use is discontinued for a period of one year or if any existing
mobile home park is enlarged, the existing park and all of the additions to the park
and any future use of park land shall be in conformity with the provisions of this
section.
(10) Floodplain and wetlands preservation requirements. Any development
must meet state and federal requirements relating to areas subject to the
provisions of section 134-283, regarding Mountain and River Corridor Protection
Act areas, and section 134-284, regarding Metropolitan River Protection Act areas.
No floodplains and/or wetlands may be used in calculating the overall density of
the development.
(11) Each mobile home must consist of one or more rooms which are arranged,
designed or used as living quarters for one family (as defined in 134-1) and two or
PAGE 52 OF 73
fewer adults who are not family members. (1) A mobile home may be occupied
only by a family and up to two persons who are not family members. (2) A mobile
home shall have an interior bathroom and complete kitchen facilities, permanently
installed. (3) A mobile home shall have at least 250 square feet of total square
footage (as determined in the records maintained by the Cobb County Tax
Assessor) per each adult occupant. (4) No more than one vehicle per 250 square
feet of total square footage may be parked regularly overnight at or within the
paved parking area as required in item (5). “Regularly” means a majority of nights
in any twenty-one day period. Exceptions to this paragraph may be considered as
part of a land use permit processed in accordance with Section 134-36.
(Ord. of 12-26-72; Ord. of 12-10-74, § 11; Ord. of 12-11-90, § 3-28-7.16; Ord. of

10-27-92; Ord. of 7-11-95; Ord. of 2-27-96; Ord. of 7-27-04)
Sec. 134-210. MHP mobile home park district.

(a) Purpose and intent. The MHP district is established to provide locations for
mobile home parks which eliminate or minimize certain conditions associated with
mobile homes. The board of commissioners finds that it is necessary to restrict the
location of mobile homes in order to: preserve land for low density, single family
dwellings; protect property values; guard against increased crime; guard against
traffic congestion; maintain aesthetics; regulate population density; prevent waste
and sewage problems; regulate housing stock; and attempt to address concerns
regarding wind vulnerability.
(b) Standards. The regulations for the MHP mobile home park district are as
follows:
(1) Conditions of operation. Each mobile home park shall provide the
following minimum facilities on the site for the common use of all trailer
occupants:
a. Drives. Paved drives at least 20 feet wide shall be provided to each trailer
space and to laundry or other service buildings and recreation areas.
b. Refuse collection facilities. One refuse collection station shall be provided
for each 20 families or fraction thereof, not more than 200 feet from any trailer
served, and shall be conveniently located for collection. If individual refuse
containers are used on the trailer site, these containers must be submerged in the
ground with only the top portion extending above the ground level. In lieu of a
PAGE 53 OF 73
submerged unit, stands may be provided to hold the cans and screen the cans
from conspicuous view.
c. Underground utility lines. Utility lines shall be underground unless the
plans approved by the planning commission indicate certain specific lines above
the ground.
d. Landscaping. Each mobile home park shall be landscaped with shade trees
and exterior screen planting.
e. Recreation area. At least ten percent of the gross land area shall be set
aside for recreational use. No such area shall be less than one-half acre.
(2) Improvements to trailers; patios.
a. No permanent additions of any kind shall be built onto or become a part
of any trailer unit.
b. The owner of the mobile home park shall install a concrete patio at least
four inches thick, with minimum dimensions of 20 feet by eight feet, within each
trailer space.
(3) Required lot area.
a. No mobile home park shall be constructed or maintained on a lot or tract
which has an average width of less than 400 feet or a total area of less than ten
acres.
b. Each trailer space shall be at least 50 feet in width and shall be a
minimum of 4,000 square feet in area. In cul-de-sac or curved street design, the
width of the trailer space shall be at least 50 feet at the location of the mobile
home unit.
c. Each trailer space shall be defined by a marker at each corner.
(4) Yard requirements. No trailer shall be located within:
a. Ten feet of its individual lot line.
b. Forty feet from any exterior boundary of the mobile home park.
(5) Buffer strip requirements. A buffer strip at least 25 feet wide shall be
located adjacent to each exterior property line of the mobile home park and not be
included within any individual trailer lot. This buffer strip shall be increased to a
width of 50 feet when located adjacent to property zoned for single-family
dwellings or duplexes. This strip shall be densely planted with evergreen shrubs
and trees.
(6) Off-street parking. A paved driveway, connecting to the interior drive,
shall be provided on each trailer site, sufficient in length and width to serve as two
off-street parking spaces.
(7) Sewerage and water supply. Central sewage disposal facilities must be
used and there shall be no individual septic tanks in areas zoned for the uses
provided in this section, and public water supply shall be used and there shall be
no private wells allowed under the uses in this zone.
(8) Use limitations.
a. No outside storage is permitted, excluding firewood and lawn furnishings.
b. Required buffers may be included within required setbacks; however, in
such case that the required buffer is greater than the required setback, the
PAGE 54 OF 73
required buffer shall be adhered to. Additionally, necessary private utilities and
access drives may be allowed through, over or across a landscaped buffer. Any
such uses which are proposed through, over or across a designated undisturbed
buffer must be approved pursuant to an original site plan or site plan modification
as set forth under section 134-126.
(9) Floodplain and wetlands preservation requirements. Any development
must meet state and federal requirements relating to areas subject to the
provisions of section 134-283, regarding mountain and river corridor protection act
areas, and section 134-284, regarding metropolitan river protection act areas. No
floodplains and/or wetlands may be used in calculating the overall density of the
development.
(10) Each mobile home must consist of one or more rooms which are arranged,
feet of total square footage may be parked regularly overnight at or within the
paved parking area as required in item (6). “Regularly” means a majority of nights
in any twenty-one day period. Exceptions to this paragraph may be considered as
part of a land use permit processed in accordance with Section 134-36.
Ord. of 12-26-72; Ord. of 12-10-74, § 10; Ord. of 12-11-90, § 3-28-7.18; Ord. of

7-11-95; Ord. of 2-27-96; Ord. of 7-27-04)
Sec. 134-215. O&I office and institutional district.

The regulations for the O&I office and institutional district are as follows:……………
(2) Definitions. The following words, terms and phrases, when used in this
section, shall have the meanings ascribed to them in this subsection, except where
the context clearly indicates a different meaning:
a. Accessory retail uses means retail sales and services accessory to the
operation of an office building or institutional use, motel, hotel or high-rise
apartment development, conducted wholly within the building housing the use to
which such activities are accessory, provided that the floorspace used or to be
PAGE 55 OF 73
used for such secondary uses shall be limited to a total of 25 square feet per
dwelling unit in a high-rise apartment development or 25 square feet per room in a
hotel or motel, or ten percent of the net floor area in an office building or
institutional use, and provided that:
1. Every public entrance to such a use shall be from a lobby, hallway or
other interior portion of the primary use structure;
2. No show window, advertising or display shall be visible from the exterior
of the primary use structure; and
3. No merchandise shall be stored or displayed outside of the primary use
structure.
However, the requirements of subsections 1 and 2 of this subsection shall not
apply to restaurants and cafeterias secondary to a hotel or motel and office
building or institutional use; these secondary uses may be located in a structure
other than the primary use structure. The following secondary uses are permitted:
athletic and health clubs, barbershops, beauty shops, laundry and dry cleaning
pickup and distribution stations and other similar personal service establishments;
drugstores; bookstores; florists; convenience food stores; gift shops; cafeterias
and restaurants; private clubs; laundry facilities for the convenience of residents;
and newsstands.
b. Clinic. A medical or dental clinic is an organization of specializing
physicians or dentists, or both, who have their offices in a common building. A
clinic shall include laboratory facilities in conjunction with normal clinic
services……………………
11) Special exception uses for community activity centers only. The following
uses, with the proper scrutiny and conditions, may be considered as special
exception uses within O&I district, only if they are within properties delineated as
community activity centers as defined and shown on the Cobb County
Comprehensive Plan: A Policy Guide, adopted November 27, 1990. Any special
exception use, for regional activity centers only, shall adhere to the landscape
buffer and screening requirements in subsection (5) of this section.
a. Hotel (suite). Any hotel in which more than 35 percent of the units include
kitchenettes or kitchen facilities within the suite must apply for a special land use
permit as provided in section 134-37. For the purpose of this section kitchenettes
or kitchen facilities are defined as a kitchen sink, a stove/cook top and a
refrigerator.
The following minimum standards shall apply to suite hotels:
1. Minimum acreage is two acres.
2. All rooms shall be accessed through a main or central lobby.
3. No rooms shall access to the exterior of the building unless required by
fire/safety regulations.
4. The minimum number of floors allowed shall be three floors, unless
otherwise approved by the board of commissioners.
5. Architectural style/design to be approved by the board of commissioners.
PAGE 56 OF 73
6. All buildings shall have a minimum roof pitch of a four in twelve as defined
by applicable building codes.
7. Conference, meeting or banquet facilities are allowed when supported by
adequate parking and approved by the board of commissioners as part of the
special land use permit.
8. Restaurants or other type of eating facilities are allowed when supported
by adequate parking and approved by the board of commissioners. "Continental"
style dining for the guests of the facility only is allowed within or near the main or
central lobby without additional parking.
9. At a minimum, provisions for weekly cleaning for each suite must be
provided.
10. Each suite must be protected with a smoke detector and sprinkler system
approved by the fire marshal or his designee.
11. Each suite shall be required to include an automatic power off timer for
each stove/cook top unit or other type burner.
12. Parking shall be calculated as one space required for each suite, with an
additional ten spaces provided for employees. Parking requirements for
conference, meeting or banquet facilities or restaurants or other type of eating
facilities within a suite hotel shall be calculated as provided for each use in section
134-272, "traffic and parking," in addition to the above parking requirements and
approved by the board of commissioners.
13. There shall be no outside storage allowed or long term parking of heavy
equipment, or parking of construction or related equipment allowed.
14. A landscaping plan is to be approved by staff with emphasis on planting
within the parking facilities.
15. No facility under this section is to be converted or used primarily as an
apartment or condominium.
16. The maximum square feet per acre allowed is 30,000 square feet per
acre.
b. Climate controlled self-service storage facilities, when complementary or

accessory to an office park or building.
The following minimum standards shall apply to climate controlled self-service
storage facilities:……………………………
Sec. 134-218. CRC community retail commercial district.

Commencing January 1, 1998, no new applications for a Special Land Use Permit
for Self-service Storage Facilities (SSSF) are to be accepted by the board of
PAGE 57 OF 73
commissioners. The regulations for the CRC community retail commercial district
are as follows:…………….
(11) Special exception uses for community activity center only. The following
exception uses within the CRC district, only if they are within properties delineated
as community activity centers as defined and shown on the Cobb County
exception use, for community activity centers only, shall adhere to the landscape
a. Automobile and truck sales and service facilities (used or pre-owned
separate from a new car dealership):
1. Minimum of one acre …………………
b. Hotel (suite). Any hotel in which more than 35 percent of the units include
refrigerator.
provided.
PAGE 58 OF 73

acre.
c. Climate controlled self-service storage facilities, when complementary or
The following minimum standards shall ………………….
Sec. 134-221.2. Redevelopment overlay district (ROD).

The regulations for the ROD are as follows:
(1) Purpose and intent. The ROD is established to provide locations for
redevelopment of commercial, office and residential uses which are pedestrian
oriented and developed at a community or regional activity center scale and
intensity, as identified for each specific site or corridor via the Cobb County
Comprehensive Plan, as may be amended from time to time. This is intended to
encourage compatible mixed uses within the boundaries of these properties The
district may be overlaid upon the LRO, LRC, NRC, O&I, CRC, RMR, OMR, RHR,
OHR, NS, PSC, TS and GC zoning districts within these redevelopment corridors
and specific redevelopment sites. The district may also be overlaid upon the RM-12
and RM-16 districts that are adjacent to commercially zoned properties within
these redevelopment corridors and specific redevelopment sites. The board of
commissioners has determined that any redevelopment project approved within a
ROD shall not establish any type of precedent for land use recommendations or
future rezoning proposals outside of the boundaries of the ROD project. Those
properties outside of the boundaries of a ROD project must provide uses
compatible with other surrounding properties that are outside of the ROD. This
ROD may be applied to properties within the corporate limits of Marietta and
Smyrna, at the discretion of the respective city councils……………………………..
11) Use limitations.

PAGE 59 OF 73
a. In order to encourage pedestrian oriented mixed use development,

traditional lot by lot restrictions such as minimum lot sizes and setbacks shall not
apply. Rather, all projects must be consistent with the concept plan, as approved
by the board of commissioners…………………………..
e. Development/redevelopment proposals must demonstrate a mixture of

residential and non-residential land uses. At least 20 percent of the proposal's land
uses must be non- residential. This 20 percent may be reduced to 10 percent,
provided that at least 10 percent of the proposal’s land uses are designed and
restricted to residents age 55 and older as defined by the Fair Housing Act as may
be amended from time to time. Further, these land uses must incorporate
applicable accessibility and "easy living" standards (as administered and
copyrighted by a coalition of Georgia citizens including AARP of Georgia, Atlanta
Regional Commission, Concrete Change, Georgia Department of Community
Affairs, Governor's Council on Developmental Disabilities, Home Builders
Association of Georgia, Shepherd Center and the Statewide Independent Living
Council of Georgia) to include at least one full bath on the main floor, with ample
maneuvering space; a bedroom on the main floor; ample interior door widths; and
one stepless entrance at either the front, side or back of the home, or through the
garage. Higher residential densities should be located adjacent to or within close
proximity to interstate highways and interchanges.
f. Loading and service areas should be located within the interior of the project, or
screened through the use of building elements, opaque walls or fences.
g. Proposed setbacks should create a contiguous and consistent building
edge along a public sidewalk (which exists or is proposed).
h. Surface parking should be minimized by the use of a parking deck that is
designed to resemble a building, or surface parking is located parallel to local
streets to enhance pedestrian safety.
i. Public plazas should be integrally connected to the proposal by pedestrian zones
including porches, covered awnings, sidewalk cafes, storefront shops and street
furniture.
j. Public plazas should include a significant community gathering place such as a
stage, garden, monument or educational feature.
k. If transit service is available, transit stop should be integrally connected to
the proposal by pedestrian zones including porches, covered awnings, sidewalk
cafes, storefront shops and street furniture.
l. If BRT service is available, BRT station should be integrally connected to the
proposal by pedestrian zones including porches, covered awnings, sidewalk cafes,
storefront shops and street furniture.
m. In a mixed-use scenario, ten percent of the proposed residential units
must be designed as "workforce" housing. For the purpose of this section,
"workforce" housing shall mean units intended for occupancy (rental or ownership)
by household earnings no more than 80 percent of the Atlanta Metropolitan
PAGE 60 OF 73
Statistical Area's (MSA) median household income, as may be adjusted from time
to time.
n. Development/redevelopment proposals must comply with the
administrative standards of the Cobb County tree preservation and replacement
ordinance. These standards may be reduced up to ten percent (RDF-replacement
density factor) if xeriscaping is implemented. These factors may also be reduced
up to ten percent (RDF-replacement density factor if 10 percent of the proposal’s
land uses are designed and restricted to residents age 55 and older as defined by
the Fair Housing Act as may be amended from time to time. Further, these land
uses must incorporate applicable accessibility and "easy living" standards (as
administered and copyrighted by a coalition of Georgia citizens including AARP of
Georgia, Atlanta Regional Commission, Concrete Change, Georgia Department of
Community Affairs, Governor's Council on Developmental Disabilities, Home
Builders Association of Georgia, Shepherd Center and the Statewide Independent
Living Council of Georgia) to include at least one full bath on the main floor, with
ample maneuvering space; a bedroom on the main floor; ample interior door
widths; and one stepless entrance at either the front, side or back of the home, or
through the garage.
o. Development/redevelopment proposals must include a property owner's
association with bylaws or covenants containing the following minimum provisions:
1. Governance of the association by the Georgia Property Owner's
Association Act (O.C.G.A. 44-3-220 et seq.) or a successor to that Act that grants
lien right to the association for maintenance expenses and tax obligations.
2. Responsibility for maintenance of common areas, buffers and recreation
areas.
3. Responsibility for insurance and taxes.
4. Automatic compulsory membership of all property owner and subsequent
lot purchasers and their successors; and compulsory assessments.
5. Conditions and timing of transferring control of the association from the
developer to the property owners.
6. Guarantee that the association will not be dissolved without advance
approval of the board of commissioners.
7. Restriction of time of commercial deliveries and dumpster pickup.
p. If there is a specific corridor plan, the provisions of the ROD cannot cause
less restrictive criteria to apply to the corridor plan, if the corridor plan has criteria
that are more restrictive.
Sec. 134-223. OS office/service district.

PAGE 61 OF 73
The regulations for the OS office/service district are as follows:……………..

a. When delineated in an area identified as a regional activity center
category on the comprehensive plan land use map, ……………………..
h. Distribution/service facilities' ceiling heights must be less than 24.0 feet.
i. h. Kitchenettes or kitchen facilities are prohibited in motels………………..
Sec. 134-224. NS neighborhood shopping district.

The regulations for the NS neighborhood shopping district are as follows:……………
(11) Special exception uses for community activity center only. The following
exception uses within the NS district, only if they are within properties delineated
as community activity center as defined and shown on the Cobb County
refrigerator.
PAGE 62 OF 73

provided.
acre.
(12) Special exception uses for regional activity center only. The following
uses, with the proper scrutiny and conditions, ……………………….
Sec. 134-226. TS tourist services district.

The regulations for the TS tourist services district are as follows:……………….
11) Special exception uses for community activity center only. The following
PAGE 63 OF 73
exception uses within the TS district, only if they are within properties delineated
refrigerator.
provided.
PAGE 64 OF 73

acre.
(12) Special exception uses for regional activity center only. The following
exception uses…………….
Sec. 134-227. GC general commercial district.

commissioners. The regulations for the GC general commercial district are as
follows:……………..
11) Special exception uses for community activity center only. The following
exception uses within the GC district, only if they are within properties delineated
a. Automobile and truck sales and service facilities (used or pre-owned
separate from a new car dealership):……………..
b. Hotel (suite). Any hotel in which more than 35 percent of the units include
refrigerator.
PAGE 65 OF 73
provided.
acre.
c. Climate controlled self-service storage facilities, when complementary or

The following minimum standards shall apply to climate controlled self-service
storage facilities:…………………….
Sec. 134-228. RRC regional retail commercial district.

commissioners. The regulations for the RRC regional retail commercial district are
as follows:
PAGE 66 OF 73
(1) Purpose and intent. The RRC district is established to provide locations for
intense retail commercial, office or mixed uses which exceed 500,000 net square
feet and which are designed and oriented to serve a regional market making up a
community. Projects developed within the RRC district should be done so as
compact unified centers. Ideally, projects developed within the RRC district should
occupy an area adjacent to or having good access to interstate highways, which is
delineated within a regional activity center as defined and shown on the Cobb
County Comprehensive Plan: A Policy Guide, adopted November 27, 1990.
Additionally, the board of commissioners require an applicant seeking an RRC
zoning district to participate in the Atlanta Regional Commission's Major
Development Area review, as amended from time to time…………..
(3) Permitted uses. Permitted uses are as follows:

Ambulance services, if accessory to hospitals or funeral homes…………….
Motorcycle, all-terrain vehicle (ATV) and three-wheel vehicle sales and service
facilities.
Multifamily dwelling units.
Neighborhood retail uses………………
Shelters (homeless).
Single family dwelling units (attached)
Single family dwelling units (detached)
Studios and supplies, provided that no more than 50 percent of the total gross
floor area will be used for storage……………….

a. Any commercial office or mixed use development which exceeds 500,000
net square feet, any proposed hotel development which has in excess of 1,000
rooms or ………………….
k. No loading docks or facilities may be located in the front of any primary
structure.
l. Due to the unique and urban nature of regional activity centers, residential
dwelling unit mixes and densities shall be approved on a case by case basis.
PAGE 67 OF 73
Sec. 134-271. Special exceptions.

The following uses are permitted as special exception uses in all districts, provided
the conditions listed are met. The division manager of zoning or his designee shall
issue a certificate of special exception to an applicant when the conditions relating
to the special exception have been met……………………
(8) Any use proposed for a parcel or tract of land which does not have the
minimum lot size required by this chapter, with the following minimum
requirements:
a. Approval by the board of commissioners after a presentation by the
applicant to the board of zoning appeals. This shall apply only to applications and
presentations that have been approved/recommended by the board of zoning
appeals.
(9) Continuing Care Retirement Communities subject to the following

minimum requirements:
a. Minimum lot size of 10 acres (if not within a Regional Activity Center)
b. Minimum lot size of 5 acres (if within a Regional Activity Center).
c. Primary access must be on a 4 lane roadway or a 2 lane roadway within 1 mile
of its intersection with a 4 lane roadway.
d. Proposal must obtain a valid Certificate of Need from the State of Georgia within
12 months of approval and prior to any permits being issued.
e. Proposal must obtain a valid Certificate of Authority from the Georgia Insurance
Commissioner within 12 months of approval and prior to any permits being issued.
f. Proposal must provide at least 30 percent of residential and accessory services
to benefit residents at time of initial permit and certificate of occupancy. Proposal
must provide at least 30 percent of skilled care and health care uses within 24
months of initial permit. At least 30 percent of the proposed residential and
accessory service permits and certificates of occupancy shall be withheld until the
skilled care and health care uses are established.
g. Architectural style to be approved by the Board of Commissioners in accordance
with county guidelines contained in Cobb County Development Standards.
h. Overall landscape plan to be approved by the Board of Commissioners in
accordance with county guidelines contained in Cobb County Development
Standards.
i. Special land use permit to be approved by the Board of Commissioners.
j. Project must incorporate applicable accessibility and "easy living" standards (as
administered and copyrighted by a coalition of Georgia citizens including AARP of
Georgia, Atlanta Regional Commission, Concrete Change, Georgia Department of
Community Affairs, Governor's Council on Developmental Disabilities, Home
PAGE 68 OF 73
Builders Association of Georgia, Shepherd Center and the Statewide Independent

Living Council of Georgia).
k. Project must include a property owner's association with bylaws or covenants
containing the following minimum provisions:
1. Restrictions on units being occupied by persons age 55 and older as difined
by the Fair Housing Act as may be amended from time to time.
2. Responsibility for maintenance of common areas, buffers and recreation
areas.
3. Responsibility for insurance and taxes.
4. Automatic compulsory membership of all property owner and subsequent
lot purchasers and their successors; and compulsory assessments.
5. Restriction of time of commercial deliveries and dumpster pickup.
l. Project must provide operational declarations that include monthly services
provided to residents in relation to monthly fees, including, but not limited to,
specific details of wellness, dietary and educational programs.
(Ord. of 12-26-72; Ord. of 12-11-90, § 3-28-16.5; Ord. of 8-13-91; Ord. of 5-26-
92; Ord. of 6-9-92; Ord. of 8-8-95; Ord. of 6-24-97 (eff. 7-1-97); Ord. of 9-12-00;
Ord. of 7-8-03; Ord. of 7-27-04)
Sec. 134-272. Traffic and parking.

Each use shall meet the following requirements:…………………..
(5) Off-street automobile parking. Off-street automobile parking shall be
provided in accordance with all applicable provisions of this section…………………..
b. Location. All parking facilities shall be located in accordance with the
following provisions:…………….
4. Any parking facilities that will be located on the roof top of any structure,
must obtain a special land use permit as required by section 134-37 of this
chapter.
5. In the R-20, R-15, R-12, RD, RA-4, RA-5 and RA-6 districts, only one
vehicle, one boat and one recreational vehicle (or any combination of such totaling
three) may be parked in the rear and side yard areas on a hardened surface.
6. In the R-30, R-40, R-80 and RR districts, any combination of boats and
recreational vehicles exceeding 3 must be screened from public roadways via a
buffer (approved by Cobb County Landscape Architect) or fencing.
c. Surfacing. The parking of any vehicle on any lot in any district other than
a surface treated and hardened with concrete, asphalt, tar and gravel mix, or the
PAGE 69 OF 73
like, to accommodate such vehicle, is prohibited except as provided in this section.

(All tires of vehicle must be on hardened surface.) The required number of surface
treated and hardened parking spaces for any use or number of separate uses may
be reduced via an administrative variance per 134-35, if: a) the reduced number of
spaces is provided on pervious surface; or: b) documentation is submitted and
approved by community development staff that indicates a reduced number of
spaces is sufficient for the use or combination of uses provided that the area
remains in a natural state or is landscaped. This reduction shall not allow for any
increase in square footage of any use or number of separate uses. In addition,
parking of vehicles within the front yard setback or in front of the principal building
line in an R district shall be prohibited except on a hardened surface with concrete,
asphalt, tar and gravel mix, or the like, driveway or in a carport or garage. (For the
purpose of this section only, the use of concrete blocks, pavers, runners or the
like, used as a treated and hardened surface, must be installed permanent and not
loosely on top of the ground.)
Sec. 134-278. Erection, installation and use of factory-built buildings and dwelling
units and manufactured homes.
(a) Definitions. The following words, terms and phrases, when used in this
section, shall have the meanings ascribed to them in this subsection, except where
the context clearly indicates a different meaning:
(1) Commissioner means the commissioner of community affairs for the state.
(2) Component means any assembly, subassembly, or combination of parts
for use as a part of a building, which may include structural, electrical, plumbing,
mechanical and fire protection systems and other systems affecting health and
safety.
(3) Industrialized building means any structure or component thereof which is
wholly or in substantial part made, fabricated, formed or assembled in
manufacturing facilities for installation or assembly and installation on a building
site and has been manufactured in such a manner that all parts or processes
cannot be inspected at the installation site without disassembly, damage to such
parts, or destruction thereof.
PAGE 70 OF 73
(4) Installation means the assembly of an industrialized building on-site and

the process of affixing the industrialized building, component or system to land, a
foundation, footings or an existing building.
(5) Manufacture means the process of making, fabricating, constructing,
forming or assembling a product from raw, unfinished or semifinished materials.
(6) Manufactured home.
a. Class I manufactured home means a single-family dwelling unit that is
constructed in accordance with the Federal Manufactured Home Construction and
Safety Standards and bears an insignia issued by the U.S. Department of Housing
and Urban Development (HUD), or one, if constructed prior to applicability of such
standards and insignia requirements, that was constructed in conformity with the
state standards in effect on the date of manufacture.
b. Class II manufactured home means a unit meeting the requirements of a
manufactured home class I and, in addition, bearing an insignia of the Southern
Standard Building Code Congress International (SSBCCI) of Birmingham, Alabama.
(7) Modular home means a factory-manufactured single-family dwelling which
is constructed in one or more sections and complies with the definition of an
industrialized building.
(8) Site means the entire tract, subdivision or parcel of land on which the
industrialized building or manufactured home is installed.
(9) System means structural, plumbing, mechanical, electrical or fire safety
elements, materials or components used separately or combined for use in a
building.
(b) Class I manufactured homes.
(1) Zoning. No manufactured home, class I, shall be installed, used, parked or
occupied on any site in the county except one zoned MHP or MHP/S or on a site
for which a land use permit for such use been issued by the county, except that
such units may be located for sale upon a site properly zoned to a commercial
classification which allows such activity.
(2) Notification to purchaser. It shall be the duty and responsibility of any
seller of a unit of this class to notify any potential purchaser, prior to completion of
any sale, of the zoning requirements of subsection (1) of this subsection, and this
notification shall be evidenced by a statement signed by each purchaser at the
time of any sale that such notification was made prior to completion of the sale.
Such signed statement shall be retained by the seller for a minimum of three years
from the date of sale and shall be produced for inspection by the county at any
time during the hours of 10:00 a.m. to 4:00 p.m., Monday through Friday, except
holidays established by the county, through any authorized agent appointed by the
county manager for the county, upon request by the county for inspection.
(c) Class II manufactured homes.
(1) Zoning and permits. No manufactured home of this class shall be installed,
used, parked or occupied on any site in the county except one zoned MHP or
MHPS or on a site for which a land use permit for such use has been obtained
from the county (except that such units may be located for sale upon property
PAGE 71 OF 73
properly zoned to a commercial classification which allows such activity), unless

the following requirements are met:
a. An application shall be filed with the county, through the zoning division,
for a permit from the board of commissioners to allow such installation, use and
occupancy for single-family purposes on any site zoned for single-family use, and a
permit must be obtained prior to transportation to such site. Such application shall
be on forms specified by the county and shall include such information as is
reasonably necessary for evaluation of the application.
b. The following, as a minimum, shall be filed with the application:
1. A complete set of design plans as approved by SSBCCI, which should also
include a drawing depicting each elevation of the exterior appearance of the unit.
2. A plat of the proposed site prepared by a registered surveyor showing at a
minimum the exterior boundaries of the site, proposed location of the unit upon
the site, and side, front and rear setbacks of the unit as proposed to be located, as
measured from the exterior boundaries of the lot.
3. A fee in an amount determined by the board of commissioners and on file
in the office of the zoning division and with the clerk of the board of
commissioners.
4. A certificate from an inspector selected or approved by the county
certifying that the unit was manufactured in accordance with the SSBCCI approved
plans and the building codes in effect for the county at the time of filing the
application for a permit, for example, building, heating and air conditioning,
plumbing, electrical or other codes.
c. The permit required in this subsection shall be in addition to all other
permits or requirements of the ordinances, rules and regulations of the county.
d. No action on a request for permit shall be considered by the board of
commissioners until a sign is posted on the proposed site for a period of not less
than ten days stating the requested action and the date, time and place for the
hearing, and a hearing is conducted by the board of commissioners.
e. No such permit shall be granted unless the unit, when completely installed
as a single-family dwelling unit, will be compatible with the adjacent and
surrounding area, especially in size, exterior appearance, front, rear and side
setbacks, and will have no adverse effect upon the value of adjacent property and
the surrounding area and will not otherwise be detrimental to the health, safety or
welfare of the citizens of the county. No unit shall be installed upon any site unless
and until any permit required in this section is granted and unless and until all
permits for any on-site work to be performed (such as site preparation, utility and
service connections, foundation or any other on-site work) have been obtained
from the county. The applicant for any such permits shall pay to the county, at the
time of application, its fee for those inspections required for on-site work. Such
fees shall not exceed the amount charged for similar inspections and permits on
conventionally built structures.
f. In addition to obtaining the permit required by this subsection, and prior to
occupancy, every such unit which is installed shall be installed on a permanent
PAGE 72 OF 73
foundation, which is permanently enclosed, and shall have all wheels, axles and
hitches removed.
g. No unit shall be installed upon any lot or parcel of land which forms a part
of a platted subdivision for which a plat has been approved by the county and
recorded in the office of the clerk of the superior court.
seller of a unit of this class to notify any potential purchaser, prior to completion of
any sale, of the requirements of zoning or the necessity to obtain a permit as set
forth in subsection (1) of this subsection. This notification shall be evidenced by a
statement signed by each purchaser at the time of closing that such notification
was made prior to completion of the sale. Such signed statement shall be retained
by the seller and subject to inspection in the same manner as such statements are
required to be retained for class I units.
(d) Industrialized buildings.
(1) Permits required. No industrialized building shall be installed upon any site
unless and until all permits for any on-site work to be performed (such as site
preparation, utility and service connections, foundation or any other on-site work)
have been obtained from the county.
(2) Permit fees. The applicant for any such permits shall pay to the county, at
the time of application, its fee for those inspections or permits on conventionally
built structures.
(3) Insignia requirements. No industrialized building shall be installed or
occupied in the county unless it bears an insignia of the department of community
affairs of the state indicating state approval pursuant to the acts of the general
assembly.
(4) Zoning. No industrialized building shall be erected upon any site in the
county, or used for any purpose, unless the site is properly zoned for the intended
use or a land use permit has been obtained for the intended use, and unless all
other requirements of zoning (setback requirement, building size, etc.) and other
ordinances of the county are met which are applicable to the zoning classification
for the site or for the installation.
(5) Applicability of county regulations. This section does not eliminate the
necessity of complying with any ordinance, rule or regulation of the county which
relates to matters addressed, investigated and approved by the state through its
department of community affairs resulting in the issuance of its insignia.
seller of any industrialized building to notify any potential purchaser, prior to
completion of any sale, of the requirements of this subsection. This notification
shall be evidenced by a statement signed by each at the time of completion of a
sale, that such notification was made prior to completion of the sale. Such signed
statement shall be retained and open for inspection the same as for a
manufactured home, class I, as provided in subsection (b) of this section.
(e) Minimum square footage per occupant.

PAGE 73 OF 73
Each mobile home must consist of one or more rooms which are arranged,
feet of total square footage may be parked regularly overnight at or within a
paved parking area as required by the MHP and MHP/S zoning districts.
“Regularly” means a majority of nights in any twenty-one day period. Exceptions
to this paragraph may be considered as part of a land use permit processed in
accordance with Section 134-36.
(e) (f) Violations. Any violation of the provisions of this section shall be
punishable as provided in section 1-10, or by loss of the business license of any
seller. In addition, any manufactured home or industrialized building erected,
constructed, parked, occupied or used in violation of the terms of this section shall
be termed a nuisance and a continuing nuisance so long as such violation may be
continued, and such violation may be subject to abatement as a nuisance as
provided by the laws of this state, and the industrialized building or manufactured
home shall be instantly removed from the site. In addition, the terms of this
section may be enforced by the county, or proper county authority authorized by
the county manager, by injunction or otherwise. This right to injunctive relief is
cumulative and is not to be construed as curtailing the rights of any resident,
property owner or other person regarding enforcement of this section or of such
rules and regulations asmay be promulgated by the county in pursuance of this
section.
(Ord. of 2-25-86; Ord. of 12-11-90, § 3-28-17.4)

PSAT Users Manual

Caricato da

Informazioni sul documento

Descrizione originale:

Titolo originale

Copyright

Formati disponibili

Condividi questo documento

Condividi o incorpora il documento

Opzioni di condivisione

Hai trovato utile questo documento?

Questo contenuto è inappropriato?

Copyright:

Formati disponibili

PSAT Users Manual

Caricato da

Copyright:

Formati disponibili

PAGE 1 OF 73

Cobb County Community Development

Sec. 6-96. Initial consideration of application, mandatory training, and

(1) In order for a written objection to be sufficient to authorize a hearing, it shall

Sec. 6-206. Employment of persons with prior convictions.

Sec. 6-207. Work permits.

Sec. 18-27. Permits required.

(a) Any contractor, owner or authorized representative, doing any electrical,

land development design, review, permitting, construction, monitoring, or

ARTICLE II. ALARM SYSTEMS

(b) It shall be unlawful for any person to activate, cause to be activated, or

Secs. 54-97--54-110 Reserved.

Secs. 54-97—54-99. Reserved.

Article V. ALARM SYSTEMS

Section 54-100. Definitions.

Alarm System means an assembly of equipment and devices designed and

Auxiliary Alarm System means a system connected in accordance with NFPA 72 to

Central Station means a system or group of systems in which the operations of

Emergency Forces Notification means an emergency alarm system that is arranged

Licensed Alarm Contractor means a person and/or company engaged in selling,

Proprietary System means an installation of fire alarm systems that serves

Public safety officer means a firefighter or other sworn fire official.

Remote Station means a system installed to transmit alarm, supervisory, and

Supervised sprinkler system means an automatic sprinkler system with supervisory

Section 54-101. Fire Alarm Requirements.

Section 54-102. Prohibited acts.

Sec. 54-103. Enforcement.

(a) Fines for silencing or resetting an alarm without prior approval.

(1) For the first violation of section 54-102(a) at any premises in a

(b) Fines for false alarms.

Article VI. Outdoor Burning

Article VII. Outdoor Burning

Chapter 70 LAW ENFORCEMENT

Sec. 70-1. Mutual police assistance agreements; authority of chairman to

Sec. 70-3. Authority of county police and sheriff.

Article II. ALARM SYSTEMS

Sec. 70-26. Purpose and intent.

Sec. 70-27. Definitions.

Alarm administrator. The term “alarm administrator” means a sworn employee

Alarm contractor. The term “alarm contractor” means an individual, company,

Cancellation. The term “cancellation” means notice from an alarm company

Emergency Communications Center. The term “Emergency Communications

Monitoring services. The term “monitoring services” means an alarm contractor in

Sec. 70-28. Alarm registrations & permit requirements.

Sec. 70-29. Duties of the alarm user.

An alarm user shall be required to:

Sec. 70-30. Duties of the alarm contractor.

(a) An alarm contractor shall be required to:

(d) An alarm contractor performing monitoring services shall:

Sec. 70-31. Prohibited acts.

Sec. 70-32. Enforcement.

Sec. 70-33. Alarm User Awareness Class.

Sec. 70-34. Appeals.

Sec. 70-35. Confidentiality.

Sec. 70-36. Immunity.

STATE LAW REFERENCE: – O.C.G.A.§50-18-72 (a) (11.2)

Sec. 78-37. Filing of return; procedure where taxes overpaid or

Sec. 78-61. Purpose of article; statutory authority; applicability of

Sec. 78-131. Definitions.

Spa. See Health spa.

Sec. 78-132. Special licenses generally.

Sec. 78-133. Application; appeals; renewal.