On the agenda: Cobbcoga BOC Work Session — Data center (Sep 22)

AGENDA
COBB COUNTY BOARD OF COMMISSIONERS
WORK SESSION
SEPTEMBER 22, 2026 – 1:30 PM
CALL TO ORDER
PRESENTATIONS
1.

To present information regarding recommended amendments to the Cobb County
Code.

ADJOURNMENT

Page 1 of 89

Community Development

Item No. 1.

Jessica Guinn, Agency Director
Districts All

TO:

Dr. Jackie R. McMorris, County Manager

FROM:

Jessica Guinn, Agency Director

DATE:

September 22, 2026

PURPOSE
To present information regarding recommended amendments to the Cobb County Code.
BACKGROUND
On October 13 and October 27, 2026, the Board of Commissioners will hold public hearings on the current
code amendment package. The draft code amendments include the following: Part I Chapters 2
(Administration), 6 (Alcoholic Beverages), 10 (Animals), 50 (Environment), 54 (Fire Prevention and
Protection), 66 (Historic Preservation), 83 (Nuisances), 86 (Offenses and Miscellaneous Provisions), 106
(Streets, Sidewalks and Other Public Places),118 (Traffic and Vehicles), and 134 (Zoning). All proposed
amendments have been reviewed by the County Attorney's Office.
IMPACT STATEMENT
N/A
FUNDING
N/A
RECOMMENDATION
The Board of Commissioners consider information presented regarding recommended amendments to the Cobb
County Code.
ATTACHMENTS
1.
2.
3.
4.
5.
6.
7.
8.
9.

2026 Oct Chapter 2 PH1
2026 Oct Chapter 6 PH1
2026 Oct Chapter 10 PH1
2026 Oct Chapter 50 PH1
2026 Oct Chapter 54 PH1
2026 Oct Chapter 66 PH1
2026 Oct Chapter 78 PH1
2026 Oct Chapter 83 PH1
2026 Oct Chapter 86 PH1

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10.
11.
12.

2026 Oct Chapter 106 PH1
2026 Oct Chapter 118 PH1
2026 Oct Chapter 134 PH1

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2026
CODE AMENDMENTS
Official Code of Cobb County
Part I. – Chapter 2
Package I
Version I - distributed on September 4, 2026
Board of Commissioners Public Hearing Dates
October 13, 2026 – 9:00 a.m.
October 27, 2026 – 7:00 p.m.

Cobb County Community Development
P.O. Box 649
Marietta, GA 30061
www.cobbcounty.gov

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Chapter 2 – ADMINISTRATION
ARTICLE III. – CODE ENFORCEMENT
Section 2-103 of the Official Code of Cobb County, Georgia, is amended, to read as follows:
Section 2-103. – Authority.
Employees of the code enforcement division have enforcement authority to issue citations for
violations of this Code in accordance with section 1-10. Employees of code enforcement shall
have citation authority over the following portions of this Code, unless specific authority is given
exclusively to another agency or department within a Code section or such exclusivity is
otherwise determined by federal or state law or by agreement with another jurisdiction.
Personnel from the Cobb County Stormwater Management Division of the Cobb County Water
System shall have citation authority for chapter 50, articles IV and V; chapter 58; section 10292 and section 110-61(f). Personnel from the code enforcement division shall have enforcement
authority to issue citations for violations of chapter 50, articles IV and V for the community
development agency. Personnel from the environmental compliance division of the Cobb County
Water System shall have citation authority over chapter 122, article II, sections 122181 through 122-193:
(1) Chapter 2, article V, section 2-180 (film permit);
(2) Chapter 10, article II, section 10-73 (breeding of animals);
(3) Chapter 18, article II (permits required);
(4) Chapter 18, article III (building code);
(5) Chapter 18, article IV (electrical code);
(6) Chapter 18, article V (gas code);
(7) Chapter 18, article VI (housing code);
(8) Chapter 18, article VII (mechanical code);
(9) Chapter 18, article VIII (one- and two-family dwelling code);
(10) Chapter 18, article IX (plumbing code);
(11) Chapter 18, article X (swimming pool code and wastewater discharge);
(12) Chapter 18, article XI (energy code);
(13) Chapter 18, article XII (excavating and trenching);
(14) Chapter 18, article XIV (multifamily rental housing inspection program);
(15) Chapter 26, article II (cemetery preservation);
(16) Chapter 50, article II (Chattahoochee River corridor tributary protection area);
(17) Chapter 50, article III (land disturbing activities);
(18) Chapter 50, article IV (stormwater management);
(19) Chapter 50, article V (stormwater quality/illicit discharge and illegal connections);
(20) Chapter 50, article VI (tree preservation and replacement);
(21) Chapter 54 (fire prevention and protection);
(22) Chapter 58, article II (flood damage prevention);

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(23) Chapter 66, article IV, section 66-81 (approval of alterations in historic districts or
involving landmarks);
(24) Chapter 78 (licenses, permits and businesses);
(25) Chapter 83 (nuisances);
(26) Chapter 102 (solid waste);
(27) Chapter 106 (streets, sidewalks and other public places), article II, section 10610(c) (obstructions on right-of-way);
(28) Chapter 110 (subdivisions);
(29) Chapter 122, article II (water and wastewater systems);
(30) Chapter 134 (zoning);
(31) Volumes 1 and 2 of the Cobb County Development Standards, as may be amended
from time to time.
ARTICLE V. - ECONOMIC DEVELOPMENT
Section 2-166 of the Official Code of Cobb County, Georgia, is amended, to read as follows:
Sec. 2-166. - Defini�ons.
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:
Cobb Innovation Fund means a grant fund program that may be created by the Development
Authority of Cobb County or other entity whose purpose is to encourage entrepreneurship,
promote research and development, and expand innovative industries in the county.
Comprehensive plan means the Cobb County Comprehensive Plan.
Fiscal impact shall mean any anticipated budgetary or other financial impact that may result
from the proposed expenditure from the Cobb Business Innovation Grant Fund, decision, or
undertaking related to an applicant seeking economic incentives from Cobb County.
Incentive period means a period of time, as determined by the division of economic
development department with the concurrence of the county manager and chairman of the
board of commissioners or designee, to represent the period of time when the new jobs and
fiscal impact requirements must be satisfied.
New jobs means permanent full-time or full-time equivalent positions created by a target
business.
PILOT means payment in lieu of taxes. This is a mechanism whereby private entities that
receive tax abatement incentives from the county or development authority compensate the
appropriate taxing authority for some or all of the tax revenue lost.
Rehabilitation shall mean projects where the existing structure and the value of the
proposed improvement exceeds the value of the land by a ratio of five to one.
Small business means an independently owned and operated for profit entity that does not
predominate a given field. The number of employees and average sales volume in a small
business varies based upon the industry and the region the entity is located. The county uses the
Small Business Administration's "Table of Small Business Size Standards matched to North
American Industry Classification System Codes" to identify small businesses.

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Special services district means a taxing district created by the board of commissioners
authorized by the Special Districts Clause of the Georgia Constitution.
Target business means a preferred business or industry type as identified by North American
Industrial Classification System (NAICS)/Standard Industrial Classification codes pursuant to
section 2-172 or a special impact project of such magnitude pursuant to section 2-173.
(Ord. of 8-24-93; Code 1977, § 3-9.8-2; Ord. of 1-11-00; Res. of 10-25-11; Amd. of 7-22-14; Amd.
of 2-24-15; Amd. of 2-23-16; Amd. of 2-27-18; Amd. of 6-25-19)
Cross reference(s)—Definitions generally, § 1-2.
(Ord. of 8-24-93; Code 1977, § 3-9.8-2; Ord. of 1-11-00; Res. of 10-25-11; Amd. of 7-22-14; Amd.
of 2-24-15; Amd. of 2-23-16; Amd. of 2-27-18; Amd. of 6-25-19)
Cross reference— Defini�ons generally, § 1-2.
Section 2-167 of the Official Code of Cobb County, Georgia, is amended, to read as follows:
Sec. 2-167. - Division of Economic development department established; du�es.
(a) To promote and develop quality growth, the board of commissioners hereby establishes a
division of the economic development department which shall report to the community
development agency director or his/her designee.
(b) The division of economic development department shall have the following du�es:
(1) Establish and administer the county's economic development goals, ini�a�ves and
incen�ves programs to include, but not limited to, the Economic Development Strategic
Plan, business incen�ves ordinance, commercial and industrial property rehabilita�on
program, grants, community development block grants (CDBG), and WorkSource Cobb
as a means to encourage job crea�on, assist in retaining exis�ng businesses and
recrui�ng new businesses, support redevelopment and rehabilita�on of targeted areas
within the county, and support small businesses and entrepreneurs.
(2) Coordinate with local, state, and federal agencies, the Development Authority of Cobb
County and other businesses economic development and organiza�ons to encourage
new business atrac�on, reten�on of exis�ng business development, redevelopment,
and further investment in Cobb County.
(3) Develop an inventory of Maintain access to prospec�ve proper�es throughout the
en�re county for new business prospects.
(4) Develop and maintain an inventory of redevelopment sites to encourage
redevelopment and revitaliza�on.
(5) Follow the established economic incen�ves overview and review process as approved
by the board of commissioners as amended from �me to �me.
(6) Advise the district commissioner and obtain the concurrence of the county manager
and chairman of the board of commissioners to extend condi�onal offers of incen�ves
in accordance with this ar�cle.
(7) Report the status of all incen�ves currently in effect under this ar�cle, no less than
annually, to the board of commissioners.

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(8) Coordinate semi-annual economic development roundtable discussions with local,
regional, and state economic development partners to assist in discussing ideas and
programs that could help the county and six ci�es of the county.
Sec�on 2-168 of the Official Code of Cobb County, Georgia, is amended, to read as follows:
Sec. 2-168. - Poten�al incen�ves available.
(a) The county has established a number of incen�ves to assist in business recruitment, business
reten�on, job crea�on, entrepreneurship, small business development, job crea�on and
reten�on, and redevelopment. The specific local government incen�ve programs available
from the county are as follows:
(1) Entrepreneurship and innova�on incen�ves grant program (sec�on 2-169);
(2) Small business and new start incen�ves program (sec�on 2-170); Business Investment
Incen�ve Program
(3) Business reten�on incen�ves program (sec�on 2-171); Enterprise zone program
(4) Targeted industry incen�ves program (sec�on 2-172); Commercial Façade
Improvement Grant
(5 ) Special economic impact incen�ves program (sec�on 2-173);Military Zone
(6) Commercial and industrial rehabilita�on property program (sec�on 2-174); and Federal
Opportunity Zone
(7) Enterprise zone program (sec�on 2-175).
(b) Each incen�ve program shall, at a minimum, provide specificity on the following:
(1) Purpose of the incen�ve;
(2) Eligibility criteria for each incen�ve program; and
(3) Incen�ves and services that are offered as part of the incen�ve program.
(c) The state has established a number of incen�ves to assist in job crea�on, entrepreneurship,
small business development, job reten�on, and business recruitment. County staff will assist
businesses with educa�on and technical exper�se in determining the following:
(1) Qualifica�on for state incen�ves;
(2) Applica�ons for state incen�ves; and/or
(3) Documenta�on on state incen�ves compliance.
(d) Businesses that receive a tax abatement from the county, or the Development Authority of
Cobb County, South Cobb Redevelopment Authority, or enterprise zone program that are
within a special services district may be required to enter into a PILOT agreement with the
taxing authority to compensate for the amount of revenue lost due to the abatement.
(e) Businesses can only par�cipate in one incen�ve program at a �me and new incen�ves
cannot be provided un�l the expira�on of exis�ng incen�ve agreements, unless it is part of
a new economic development project.
(Ord. of 8-24-93; Code 1977, § 3-9.8-4; Amd. of 7-22-14; Amd. of 2-27-18)
Sec�on 2-169 of the Official Code of Cobb County, Georgia, is amended, to read as follows:
Sec. 2-169. - Entrepreneurship and innova�on incen�ve program.

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(a) Purpose. The purpose of the entrepreneurship and innova�on incen�ve program is to
provide services, assistance, and/or incen�ves to entrepreneurs and innovators who are in
high skilled fields to assist them in the growing their business, crea�ng jobs, and maintaining
their presence in the county.
(b) Eligibility.
(1) In order to qualify for the entrepreneurship and innova�on incen�ve program a
business must meet the following criteria:
a. Must have par�cipated in the IgniteHQ business incubator an entrepreneurship
development program; par�cipated in a program operated by an affiliate or
partner of IgniteHQ; be a spin-off technology associated with the Georgia Tech
Research Ins�tute or other university; or have graduated from an entrepreneurial
training program;
b. Must be an exis�ng business in the county; and
c. Business must be in opera�on for seven (7) years or less, as verifiable by the
Georgia Secretary of State and/or Cobb County Business License department;
d. The applicant must agree to remain in the county for the three years a�er the
grant is approved by the board of commissioners. the expira�on of the mandatory
incen�ves agreement.
e. Other requirements as outlined in the grant guidelines and/or amended by the
economic development department.
(c) Incentives. Companies eligible for entrepreneurship and innova�on incen�ve program may
be eligible for a reduc�on of some or all of the following:
(1) Ability to apply for cCash grants from the Cobb Innova�on Fund;
(2) A 50 percent reduc�on of the business license fee for two years; and/or
(3) Assistance with permi�ng, and construc�on business license and other business startup processes.
(d) A recipient of entrepreneurship and innova�on incen�ves shall consent to enter into a
contractual agreement that outlines the incen�ves received by the business and a guideline
for the recapture or reimbursement of the value of the incen�ves should the terms of the
contract be violated by the business.
(Ord. of 8-24-93; Code 1977, § 3-9.8-5; Res. of 10-25-11; Amd. of 7-22-14; Amd. of 2-24-15; Amd.
of 2-27-18)
Sec�on 2-170 of the Official Code of Cobb County, Georgia, is amended, to read as follows:
Sec. 2-170. - Small business and new start incen�ves program.
(a) Purpose. The purpose of the small business and new start incen�ves program is to provide
services and business assistance to small businesses that meet the eligibility requirements
below to assist them in growing their business in the county.
(b) Eligibility.
(1) In order to qualify for the small business and new start incen�ves program a business
must meet the following criteria:

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a.

Be an exis�ng business that has been in con�nuous opera�ons in the county for at
least one year; and
b. Be up-to-date on all state and local taxes.
(c) Incentives. Companies eligible for small business and new start incen�ves program may be
eligible for a reduc�on of some or all of the following:
(1) Access to market data, labor force data, and real estate data;
(2) Coordina�on with appropriate county, city, or state agencies;
(3) Liaison with workforce training and assistance providers;
(4) Assistance with permi�ng and construc�on processes;
(5) Informa�on on other local and state en��es that can assist in the growth of small
businesses;
(6) Inducements or grants authorized by the Development Authority of Cobb County or
South Cobb Redevelopment Authority; and/or
(Amd. of 2-27-18; Amd. of 2-26-19)
Sec. 2.170 – Strategic Business investment incen�ve program.
(a) Purpose. The purpose of the Strategic Business Investment Incen�ve Program is to
encourage the loca�on, expansion, and investment of businesses that create high-quality
jobs, expand the tax base, and strengthen targeted industry clusters.
(b) Eligibility.
(1) To qualify for the Business investment incen�ve program, a business must operate in
one or more of the following industries:
a. Headquarters opera�ons;
b. Aerospace
c. Manufacturing;
d. Informa�on technology and so�ware;
e. Life sciences and healthcare;
f. Research and development;
g. Logis�cs and distribu�on;
h. Travel and tourism;
i. Wholesale trade.
j. Emerging technologies
k. Other (as recommended by the Economic Development Director per the Economic
Development Strategic Plan)
(c) Incentives. Companies eligible for the business investment incen�ve program may be eligible
based upon the following �ered criteria:
a. Tier I – Strategic Investment Projects: A project must meet at least two (2) of the
following:
(1) Create at least twenty-five (25) new full-�me jobs;
(2) Pay wages equal to at least 125 percent of the county average wage;
(3) Invest at least $5 million in capital improvements;
(4) Generate a posi�ve fiscal impact to the County.

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b.

Tier II – Transforma�onal Projects: A project must meet at least two (2) of the
following:
(1) Create at least 150 new full-�me jobs;
(2) Pay wages equal to at least 150 percent of the county average wage;
(3) Invest at least $30 million in capital improvements;
(4) Establish a regional, divisional, or corporate headquarters.
(d) Available Incentives.
Depending upon the level of investment and economic impact, a company may receive:
(1) Waiver or reduc�on of building permit fees;
(2) Waiver or reduc�on of business license fees;
(3) Expedited permi�ng and plan review;
(4) Dedicated County project manager.
(5) Development Authority bond financing;
(6) Property tax abatements through the Development Authority of Cobb County;
(7) Workforce Incen�ves, recruitment assistance; and/or training assistance;
(8) Access to WIOA funding and state workforce programs.
Sec�on 2-171 of the Official Code of Cobb County, Georgia, is amended, to read as follows:
Sec. 2-171. - Business reten�on incen�ves program.
(a) Purpose. The purpose of the business reten�on incen�ves program is to provide services,
assistance, and/or incen�ves to businesses that meet specific eligibility requirements listed
in sec�on 2-171(b) to assist in keeping their business in the county under specified
condi�ons in order maintain jobs and tax base.
(b) Eligibility.
(1) In order to qualify for the business reten�on incen�ve program a business must meet
the following criteria:
a. Be an exis�ng business that has been in con�nuous opera�ons in the county for at
least two years;
b. The applicant must agree to remain in the county for the three years a�er the
expira�on of the mandatory incen�ves agreement;
c. Be part of one of the following business clusters as determined by North American
Industrial Classifica�on System (NAICS):
1. Informa�on technology and/or so�ware
2. Professional and business services;
3. Wholesale trade;
4. Healthcare services;
5. Research and development;
6. Life sciences; or
7. Travel and tourism; and
d. Be a business with at least 50 employees.
(2) The business reten�on incen�ve program is not eligible to companies that meet any of
the following criteria:

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a.

Are currently receiving incen�ves from the county, the Development Authority of
Cobb County, or the South Cobb Redevelopment Authority;
b. Are not up to date on local or state taxes;
c. To subsidize or ar�ficially sustain businesses and industries when job losses or
closing appear inevitable.
(3 ) In no event shall any incen�ve result in payment of county funds as part of the business
reten�on incen�ve program.
(4) If the business moves out of the county prior to the expira�on of the incen�ves agreement
or within a three-year period a�er the expira�on of the agreement, all incen�ves provided
to the business are to be paid back to the county.
(c) Incen�ves. Companies eligible for business reten�on incen�ve program may be eligible for
a reduc�on of some or all of the following:
(1) Access to market data, labor force data, and real estate data;
(2) Coordina�on with appropriate county, city, or state agencies;
(3) Liaison with workforce training and assistance providers;
(4) Flexible payment of system development fees;
(5) Workforce Innova�on and Opportunity Act of 2014 funds as amended from �me to
�me;
(6) Inducements or grants authorized by the Development Authority of Cobb County or
South Cobb Redevelopment Authority;
(7) Assistance with permi�ng and construc�on processes; and/or
(8) Assistance with transporta�on infrastructure.
(d) A recipient of business reten�on incen�ves shall consent to enter into a contractual
agreement that outlines incen�ves received by the business and a guideline for the
recapture or reimbursement of the value of the incen�ves should the terms of the contract
be violated by the business.
(Res. of 10-25-11; Amd. of 7-22-14; Amd. of 2-24-15; Amd. of 2-23-16; Amd. of 2-28-17; Amd. of
2-27-18; Amd. of 2-26-19)
Sec. 2-171. - Façade Improvement Grant
a) Purpose. To provide a reimbursement incen�ve to prevent or eliminate blight by
enhancing the overall appearance of commercial building frontages within priority
redevelopment areas, sites, and corridors, consistent with the Community Development
Block Grant (CDBG) na�onal program objec�ves.
b) Eligibility.
(1) Proper�es must be located within designated low to moderate income census tracts
as determined by the U.S. Department of Housing and Urban Development (HUD).
(2) Eligible buildings are commercial and mixed commercial/residen�al with façades
visible from the street.
(3) Façade renova�on ac�vi�es must involve the general upgrading of a building's
external appearance in compliance with the most recently adopted and applicable
Design Guidelines and Development Standards.

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(4) Applica�ons/Projects must be approved at the discre�on of the Review commitee.
(5) Must meet overall program guidelines as outlined and/or amended by the economic

development department, and any Community Development Block Grant
requirements.
c) Incentive. Eligible applicants for this incen�ve may receive:
(1) A reimbursement grant amount as determined by the Economic Development
Director, based upon funds received to support the grant for that specific term.
Sec�on 2-172 of the Official Code of Cobb County, Georgia, is amended, to read as follows:
Sec. 2-172. - Targeted industry incen�ve program.

(a) Purpose. The purpose of the targeted industry incen�ve program is to provide services,
assistance and/or incen�ves to businesses that meet the eligibility requirements below to
assist them in reloca�ng their business to the county or expanding their business in the
county.
(b) Eligibility.
(1) In order to qualify for the targeted industry incen�ve program a business must be part
of one of the following growth clusters or core clusters as determined by North
American Industrial Classifica�on System (NAICS)/Standard Industrial Classifica�on
codes
a. Aerospace and/or advanced equipment manufacturing;
b. Informa�on technology and/or so�ware;
c. Professional and business services;
d. Wholesale trade;
e. Healthcare services;
f. Research and development;
g. Life sciences; and
h. Travel and tourism.
(2) Unless otherwise provided, no incen�ve shall be offered or made available to an eligible
business for the targeted industry incen�ve program unless two of the following criteria
are met:
a. Add at least 25 new jobs;
b. Pay an average salary at least 1.25 �mes the county average for that industry as
determined by the state department of labor in the employment and wages annual
report; or
c. Have an es�mated fiscal impact with a net present value of at least $250,000.00
to the county during the incen�ve period.
(3) In no event shall any incen�ve result in payment of county funds as part of the targeted
industry incen�ve program.
(c) Incentives. Companies eligible for targeted industry incen�ve program may be eligible for a
reduc�on of some or all of the following:
(1) Plan review fees;
(2) Business license fees;

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Flexible payment of system development fees;
Building permit fees;
Workforce Innova�on and Opportunity Act of 2014 funds as amended from �me to
�me;
(6) Inducements or grants authorized by the Development Authority of Cobb County or
South Cobb Redevelopment Authority;
(7) Assistance with transporta�on infrastructure; and/or
(8) Plan review, building permit, and business license fee incen�ves noted above may be
reduced further when at least ten percent of the new and required minimum jobs are
filled by county residents living in census tracts with high unemployment rates as
determined annually by the state department of labor in the employment and wages
annual report.
(d) A recipient of targeted industry incen�ves shall consent to enter into a contractual
agreement that outlines incen�ves received by the business and a guideline for the
recapture or reimbursement of the value of the incen�ves should the terms of the contract
be violated by the business.
(Amd. of 2-27-18; Amd. of 2-26-19; Amd. of 6-25-19)
(3)
(4)
(5)

Sec. 2-172. - Tax Alloca�on District
(a) Purpose. To revitalize blighted, underu�lized or declining areas including brownfields,
commercial corridors and industrial sites; fund public infrastructure; and/or spur private
economic investment.
(b) Eligibility
(1) Projects must clearly demonstrate the highest public benefit by elimina�ng blight,
financing desirable public improvements, strengthening the employment and
economic base, increasing property values, reducing poverty, crea�ng economic
stability, upgrading older neighborhoods, facilita�ng economic self-sufficiency, and
implemen�ng the County’s Comprehensive Plan and/or Economic Development
Strategy.
(2) Office,
office/service,
warehouse,
industrial/manufacturing,
office/industrial/corporate headquarters, retail/commercial, residen�al, and mixeduse development projects located in areas of the County determined to be consistent
with the county’s TAD policy.
(3) Adhere to the guidelines established by the Official Code of Georgia, Cobb County
Code of Ordinances, Cobb County Community Development and/or economic
development department.
(c) Incentive
a. The county will designate a Tax Alloca�on District, establish its current tax base
floor, and dedicate future taxes over and above that floor for a specified �me
period to pay the costs (o�en, but not always through issuing bonds) of the
infrastructure, buildings or other improvements needed to spur new
development.

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Sec�on 2-173 of the Official Code of Cobb County, Georgia, is amended, to read as follows:
Sec. 2-173. - Special economic impact incen�ves program. Reserved.
(a) Purpose. The purpose of the special economic impact incen�ve program is to provide
services and business assistance to businesses that meet the eligibility requirements
below to assist them in reloca�ng their business to the county or expanding their business
in the county.
(b) Eligibility.
(1) In order to qualify for the special economic impact incen�ve program a business must
be part of one of the following:
a. Headquarters: corporate, divisional, and/or regional;
b. Financial, insurance, and professional services (law, accoun�ng, and other
professional services that predominantly serve the Metropolitan Atlanta Region
are not eligible);
c. Transporta�on/distribu�on (logis�cs);
d. Manufacturing; and/or
e. Emerging technologies/industries.
(2) Unless otherwise provided, no incen�ve shall be offered or made available to an
eligible business for the special economic impact incen�ve program unless two of the
following criteria are met:
a. Add at least 150 new jobs;
b. Pay an average salary at least 1.25 �mes the county average for that industry as
determined by the state department of labor in the employment and wages annual
report; and
c. Invests $30,000,000.00 or more in the county.
(3) In no event shall any incen�ve result in payment of county funds as part of the special
economic impact incen�ve program.
(c) Incentives. Companies eligible for special economic impact incen�ve program may be
eligible for a reduc�on of some or all of the following:
(1) Plan review fees;
(2) Business license fees;
(3) Flexible payment of system development fees;
(4) Building permit fees;
(5) Workforce Innova�on and Opportunity Act of 2014 funds as amended from �me to
�me;
(6) Inducements or grants authorized by the Development Authority of Cobb County or
South Cobb Redevelopment Authority;
(7) Assistance with transporta�on infrastructure; and/or
(8) Plan review, building permit, and business license fee incen�ves noted above may be
reduced further when at least ten percent of the new and required minimum jobs are
filled by county residents living in census tracts with high unemployment rates as

Page 15 of 89

determined annually by the state department of labor in the employment and wages
annual report.
(d) A recipient of special economic impact incen�ves shall consent to enter into acontractual
agreement that outlines incen�ves received by the business and a guideline for the
recapture or reimbursement of the value of the incen�ves should the terms of the
contract be violated by the business.
(Amd. of 2-27-18; Amd. of 2-26-19)
Sec�on 2-174 of the Official Code of Cobb County, Georgia, is amended, to read as follows:
Sec. 2-174. - Commercial and industrial property rehabilita�on incen�ve program. Reserved.
(a) Definitions. The following words, terms and phrases, when used in this sec�on, shall have
the meanings ascribed to them in this sec�on, except where the context clearly indicates
a different meaning:
Assessed value means the total appraised value of real property as shown on the tax digest of
the county.
Base value means the total appraised value of a project as determined by the county's board of
tax assessors (BTA) on January 1 of the year in which the rehabilita�on or renova�on of the project
begins.
Commercial use structure means structures used for the selling or providing of goods or services
to individuals, firms or corpora�ons; provided that for purposes of this program, mixed use
structures (used for both residen�al and commercial purposes) cons�tute commercial use only
when the square footage of that por�on of the structure used for the sale or provision of goods
and services exceeds 50 percent of the total square footage of the structure.
Corridor study area means a select area of the county (as depicted in the exhibits to the
ordinance from which this sec�on is derived contained in the comprehensive plan appendix) for
which staff has prepared a corridor study that has been adopted by the county board of
commissioners. For the purposes of this ar�cle, the following are areas that currently qualify as
corridor study areas: Atlanta Road, Canton Road, Veterans Memorial Highway including West
Corridor, Powers Ferry Road, and Six Flags Drive. These areas can be modified and new areas can
be added by ac�on of the county board of commissioners via an official agenda item.
County means Cobb County, Georgia, a poli�cal subdivision of the state.
Development authority means the Development Authority of Cobb County.
Exemption amount means a percentage of the ad valorem property taxes resul�ng from the
increase in the fair market value of a commercial or industrial use structure(s) directly atributable
to the substan�al rehabilita�on and/or renova�on of the structure as approved by the program.
Fair market value means the full 100 percent value of a property or por�on of property as
further defined by state law (O.C.G.A. § 48-5-2).
Incremental project value means that por�on of the fair market value of the project directly
atributable to the rehabilita�on and/or renova�on of the commercial use structure(s) or
industrial structure(s) approved by the program; provided, however, that such fair market value
shall be determined in the same manner, and with the same frequency, as other taxable similarly
situated commercial and industrial proper�es by the BTA.

Page 16 of 89

Industrial structure means a structure or part thereof used for manufacturing, processing, or
assembling of material or manufactured products, or for research.
Owner means, for the purposes of this sec�on, all persons or en��es holding �tle (as referenced
in the county's official tax records) to taxable real estate interests in commercial use structures or
industrial use structures for which an exemp�on is requested.
Program means the Cobb County Commercial and Industrial Property Rehabilita�on Incen�ve
Program.
Project means a commercial rehabilita�on project for a commercial use structure or an
industrial use structure approved for the Cobb County Commercial and Industrial Property
Rehabilita�on Incen�ve Program by OED, BTA (exemp�on approval only) and the development
authority.
Redevelopment authority means the South Cobb Redevelopment Authority.
Single project, for purposes of this sec�on, means a project consis�ng of a single tax parcel
which may include one or more buildings which is to be substan�ally rehabilitated or renovated
within two years of the issuance of the ini�al construc�on permit following acceptance to the
program.
Substantially rehabilitated or renovated commercial use structure or industrial use structure
means an exis�ng commercial use or industrial use structure, no less than 20 years of age
(calculated from the date in which the original cer�ficate of occupancy was issued), located in a
corridor study area or included among those sites listed in the inventory of redevelopment sites
(as shown in exhibits contained in the comprehensive plan appendix and considered a part of this
ar�cle hereto), where the structure has been substan�ally rehabilitated or renovated so as to
increase the fair market value thereof by not less than 50 percent of the base value as determined
by the BTA. Such determina�on is not appealable. Renova�on/rehabilita�on consists of capital
improvements and includes, but is not limited to, the installa�on of improvements to the building
(including fixtures or mechanical systems), parking, and public infrastructure. Ordinary upkeep
and maintenance shall not be deemed a qualifying improvement for purposes of this program.
(b) Purpose. The purpose of this program is to encourage owners of older commercial
use/industrial use property (20 years or more in age) in select areas and sites around the
county (as depicted in the corridor study areas and the redevelopment sites specified on
exhibits 1 through 6) to revitalize those proper�es. The defini�ve objec�ve of revitalizing
these areas is to contribute to economic growth by crea�ng jobs and improving the
county's tax base. Proposed projects must adhere to any specific architectural and/or
design guidelines that may apply in these areas or sites.
If the type of work to be conducted meets the program's requirements, and the BTA approves
the exemp�on for the proposed project, the BTA will approve a valua�on schedule on those
improvements for up to five years based upon an escala�ng percentage of the fair market value
of the improvements (excluding the value of land), provided these new improvements increase
the fair market value by at least 50 percent or more of the base value and does not propose an
increase in square footage by more than 100 percent. This increase in fair market value, as
determined by the BTA, must be a result of actual physical changes resul�ng from the
rehabilita�on or renova�on and not a result of infla�onary changes in the value of the property
related to the state of the economy or other market forces. This determina�on of the BTA will be
final and not appealable.

Page 17 of 89

(c) Program requirements.
(1) Effective date of exemption amount. Only rehabilita�ve work performed a�er the
approval of the applica�on may be awarded an exemp�on amount under the
program. In addi�on, any adjusted valua�on schedule approved by the BTA is to begin
on the next succeeding January 1 following the issuance of the original cer�ficate of
occupancy (C.O.) for the improvements. Ini�al and final inspec�ons approved by the
fire marshal and chief building official are required to obtain a C.O. The applicant must
provide the BTA with a copy of the original C.O. In the event the applicant proposes to
abate the property taxes derived from applica�on of the board of educa�on or
municipal por�on of the millage rate, said applicant must secure a leter of support
from the office of the superintendent of the county school district and/or from the
city manager/administrator in which the property is located.
(2) Certification of age of structures. The structure being improved must be a minimum
of 20 years old (calculated from the date of original construc�on).
(3) Location of structures. An approved project must be located within the corridor study
area or included among those sites listed in the inventory of redevelopment sites
adopted by the county board of commissioners as may be amended from �me to �me.
(4) Single project. Improvements must be the result of a single project. Building permits
must be issued within a 120-day period from the �me of acceptance into the program,
and completed within two years from the date that the ini�al construc�on permit was
issued. A copy of the ini�al construc�on permit must be provided by the applicant to
the BTA.
(5) Personal property and land value excluded; program terminates on sale. The program
incen�ves, if granted, will not apply to personal property or the value of the land and
will not apply retroac�vely to improvements made without prior OED and BTA
approval. All program incen�ves terminate upon the sale or transfer of any
por�on/parcel of the project.
(6) Timely payment of ad valorem property taxes. Applicant's property taxes must be
current and paid on �me for a minimum of three years and the applicant must have
filed �mely business personal property returns for each of the three years prior to
making applica�on for said exemp�on in order to be eligible to par�cipate in this
program. Applicant must submit evidence of compliance with the applica�on.
(7) Vacant land excluded. The program does not apply to new construc�on built on vacant
land.
(8) Demolition of existing structures. The program will apply to those projects in which
the building is completely demolished and replaced by a new structure provided that
the exis�ng structure is at least 20 years old as of the applica�on date and provided
the difference between the fair market value of the exis�ng structure and the fair
market value of the new structure increases by at least 50 percent or more of the base
value and does not increase square footage by more than 100 percent. This
determina�on by the BTA is final and not appealable.
(9) Single parcel ID. Separate applica�ons must be submited for each tax parcel in which
the owner is seeking par�cipa�on in the program.(10)Permits. Appropriate building
permits, and any other local, state or federal approvals, must be obtained prior to

Page 18 of 89

work commencement. County permi�ng fees will be assessed improvements on a
parcel by parcel basis.(d)Program incen�ve. Approved applicants will receive a
program incen�ve in the form of an effec�ve reduc�on in ad valorem property taxes
equal to the exemp�on amount. The exemp�on amount, in a given year, is equal to a
percentage of the amount of ad valorem property taxes otherwise due on the
incremental project value. As further described herein, the exemp�on amount equals
100 percent of the ad valorem property taxes due on the incremental project value in
the first year of the program and reduces annually over the five-year program (in
increments of 20 percentage points) to 20 percent in the fi�h year of the program un�l
the full value of ad valorem property taxes are due on the incremental project value
in the sixth year and therea�er.
The property tax incen�ve is made possible by �tling ownership to the taxable assets into the
name of the development authority or redevelopment authority (under state law development
authori�es are exempt from ad valorem taxes on real property) which in turn leases these assets
back to private en�ty. Title to the property reverts to the owner/applicant immediately upon the
end of the lease. In addi�on, the development authority or redevelopment authority issues
taxable revenue bonds through a transac�on commonly referred to as "bonds for �tle." Bonds
are held by the applicant and not sold to the public. During the term of the lease, the applicant
would be responsible for paying ad valorem property taxes on the "leasehold value" of the project
improvements in the form of an effec�ve reduc�on in ad valorem property taxes equal to the
exemp�on amount resul�ng in a substan�al reduc�on in the amount of property taxes which
would be have been due if the property was owned outright (in fee simple) by the applicant. The
value of the "abatement" adjusts and diminishes each year as the reversionary interest ripens
and fully vests at the end of the lease term.
While the project is �tled to the development authority or redevelopment authority under
this program, subject to BTA approval, the total appraised value of the leasehold interest of the
applicant in such assets will increase as the lease term progresses. The "applicable percentage"
established for a project under this program will be for a period of up to five years and will start
on January 1 of the year following the comple�on of the project. For the purposes of this sec�on,
the "applicable percentage" will be applied in the following manner:
Year 1: 0%
Year 2: 20%
Year 3: 40%
Year 4: 60%
Year 5: 80%
Year 6: Fully taxable
As an example, if an applica�on is received on January 15, then the applicant must wait un�l
the next calendar year for the abatement to take effect. If the base value, which excludes the land
value, equals $1,000,000.00 and the total appraised value of the new improvements equals
$500,000.00, then the total taxable value under the program would equal $1,000,000.00 in year
1 ($1,000,000.00 + ($500,000.00 × 0.0)), $1,100,000.00 in year 2 ($1,000,000.00 + ($500,000.00
× 0.20)), $1,200,000.00 in year 3 ($1,000,000.00 + ($500,000.00 × 0.40)), $1,300,000.00 in year 4
($1,000,000.00 + ($500,000.00 × 0.60)), $1,400,000.00 in year 5 ($1,000,000.00 + ($500,000.00 ×

Page 19 of 89

0.80)) and $1,500,000.00 in year 6 and therea�er before accoun�ng for any market fluctua�ons
in values generally. Note: The total appraised value is subject to change annually.
Should the building proposed for rehabilita�on be located in a corridor study area or listed on
the inventory of redevelopment sites and also be located in an enterprise zone established by the
board of commissioners, the applicant shall not qualify for both property tax incen�ves. The
applicant may qualify for other incen�ves available through the enterprise zone but may only do
so at the discre�on of the county. This abatement program is not available to proper�es or
projects within a tax alloca�on district (TAD).
The owner must submit a detailed list of their actual improvement costs to the office of
economic development (OED) for review. All proposals must be reviewed with the chairman of
the board of commissioners as well as the applicable district commissioner. The owner must also
acknowledge that the valua�on methodology approved by OED and BTA is expressly condi�oned
upon the owner's comple�on of the project as submited and within the two years allowed under
this program. The owner must further acknowledge that failure to complete or substan�ally
complete the project, as determined by OED and/or BTA, will cons�tute a sufficient basis for the
project to be revised or terminated. Should the project be terminated under this ar�cle, the
owner will be liable for payment of taxes equal to the tax savings accrued during the project.
(Amd. of 2-24-09; Res. of 10-25-11; Amd. of 2-26-13; Amd. of 2-27-18)
Editor's note— The exhibits referenced above are not set out herein, but are available for
inspec�on in the county offices.
The Official Code of Cobb County, Georgia, is amended by adding a sec�on numbered 2-177, to
read as follows:
Sec. 2-177. - Housing incen�ve program.
(a) Purpose. The purpose of the housing incen�ve program is to provide services, assistance,
and/or incen�ves for the construc�on of new residen�al units for households earning up to 80%
of Area Median Income, as determined by the U.S. Department of Housing and Urban
Development.
(b) Eligibility.
(1) In order to qualify for the housing incen�ve program the following criteria must be met:
a. Investment of at least $10 million in real property;
b. Minimum of 50 units;
c. A minimum of 20% of units must be set aside as affordable units for households
earning up to 80% of Area Median Income; and
d. The affordable units shall be set aside for the same period of �me as the incen�ve
contractual agreement referenced below (the “control period”). This shall be
done by a deed restric�on that limits the sale to households earning up to 80% of
the Area Median Income and provides that the control period shall restart upon
the sale of any affordable unit before the expira�on of the applicable control
period. The developer’s monitoring agency shall ensure that sales of all set aside

Page 20 of 89

units maintain affordability during the en�re control period and remain owned by
qualified households during the en�re control period.
(c) Incentives. Developments eligible for the housing incen�ve program may be eligible for the
following:
(1) Waiver or reduc�on of building permit fees; and,
(2) Expedited permi�ng and plan review.
(d) A recipient of housing incen�ves shall consent to enter into a contractual agreement that
outlines the incen�ves received and a guideline for the recapture or reimbursement of the
value of the incen�ves should the terms of the contract be violated.
Secs. 2-1778—2-179. - Reserved

Page 21 of 89

2026
CODE AMENDMENTS
Official Code of Cobb County
Part I. – Chapter 6
Package I
Version I - distributed on September 4, 2026
Board of Commissioners Public Hearing Dates
October 13, 2026 – 9:00 a.m.
October 27, 2026 – 7:00 p.m.

Cobb County Community Development
P.O. Box 649
Marietta, GA 30061
www.cobbcounty.gov

Page 22 of 89

Chapter 6 – ALCOHOLIC BEVERAGES
ARTICLE I. – IN GENERAL
Section 6-1 of the Official Code of Cobb County, Georgia, is amended to read as follows:
Section 6-1. – Definitions.
…
Distance means the measurement in lineal feet from the center of any door of customer entry
of the proposed premises of a licensee to the nearest property line of any church, library,
school, park, public housing, public hospital, package store or private residence as defined in
this section. A radius shall be measured from the center of any door of customer entry of the
proposed premises of any licensee to the nearest property line of any church, library, school,
park, public housing, public hospital or private residence as defined in this section.
ARTICLE III. – LICENSES
Section 6-121 of the Official Code of Cobb County, Georgia, is amended, to read as follows:
Section 6-121. – County officials and employees of the sheriff’s department, public safety
agency police department, community development agency prohibited from interest in
license.
No elected or full-time appointed official of the county or any employee of the county's sheriff's
office, public safety agency police department, or community development agency, or his
spouse or minor children shall have any whole, partial, or beneficial interest, as set forth in
section 6-119(b), in any license to sell alcoholic beverage or license to operate a bottle house
in the county.
…
The Official Code of Cobb County, Georgia, is amended by adding Section 6-125.1, to read as
follows:
Section 6-125.1.—Distance requirements—package stores.
No license shall be issued under this chapter where a package store of the applicant is located
within a radius distance of 2,500 feet of another package store. However, at a public hearing
the license review board or the board of commissioners may waive the distance requirements
of this section by granting a distance waiver if satisfactory evidence shall be produced before
the license review board or the board of commissioners that no adverse effect to property
values or the use of the facilities for the purposes aforesaid would occur if a license was
granted. A distance waiver remains in effect for any alcoholic beverage license for that location
provided that the establishment does not cease operation for 12 or more months, and the
business activity does not change.

Page 23 of 89

…
Section 6-131 of the Official Code of Cobb County, Georgis, is amended to read as follows:
Section 6-131. License prohibited for package sales in connection with sales of alcoholic
beverages by the drink; wine and/or beer sampling.

…

(a) Except in a restaurant, grocery store, farm winery, dis�llery, or brewery, no retail license
for the sale of alcoholic beverages by the package shall be allowed where such sale would
take place in, or in connec�on with, any restaurant, cafe or ea�ng place, or in the same
room where a bar is maintained for the dispensing and sales of alcoholic beverages.

Section 6-133 of the Official Code of Cobb County, Georgis, is amended to read as follows:
Section 6-133. Special provisions and exemptions within certain mixed-use districts.
…
(b) For the purposes of this section only, a mixed-use development district is defined as a
development an area established by the board of commissioners that is zoned RRC with
a public event venue with permanent seating in excess of 20,000 seats (and to include
attendant parking facilities) and may include a mixture of retail, restaurants,
entertainment, office space, and hotel units, as shown on the map on file in the county
clerk’s office and the community development office.
…
ARTICLE IV. – OPERATING REGULATIONS FOR LICENSED ESTABLISHMENTS
Section 6-236 of the Official Code of Cobb County, Georgis, is amended to read as follows:
Section 6-236. Pricing of alcoholic drinks.
…
(b) Each licensee under this chapter shall maintain a daily schedule of the prices to be charged
for all alcoholic beverages to be served and consumed on the licensed premises or in any
room or part thereof. The licensee shall not vary the prices from hour to hour within a
single day. The schedule of prices shall be maintained in a manner so as to be available to
the paying public and law enforcement officers or agents of governmental authority. Such
schedule shall be effec�ve for not less than a 24-hour period beginning at 12:01 a.m. and
ending at midnight, and shall show thereon the date for which the schedule is effec�ve.

Page 24 of 89

2026
CODE AMENDMENTS
Official Code of Cobb County
Part I. – Chapter 10
Package I
Version I - distributed on September 4, 2026
Board of Commissioners Public Hearing Dates
October 13, 2026 – 9:00 a.m.
October 27, 2026 – 7:00 p.m.

Cobb County Community Development
P.O. Box 649
Marietta, GA 30061
www.cobbcounty.gov

Page 25 of 89

Chapter 10 – ANIMALS
ARTICLE 1. – IN GENERAL
Section 10-1 of the Official Code of Cobb County, Georgia is amended to read as follows:
Section 10-1. – definitions.
…
Breeder shall mean anyone who sells, exchanges, or offers for adoption or rescue in a
twelve-month period (1) more than one litter in any twelve-month period, or (2) over 30
adult animals. Also known as a “pet dealer” under the Georgia Animal Protection Act.
…
ARTICLE II. – ADMINISTRATION AND ENFORCEMENT
DIVISION 3. – ANIMAL IMPOUNDMENT, REDEMPTION, AND ADOPTION AND BREEDING
…
Section 10-73 of the Official Code of Cobb County, Georgia is amended to read as follows:
Section 10-73.- Breeding of animals.
(a) License Requirements. It shall be unlawful for a breeder to engage in the sale, exchange,
transfer, or adoption of animals without a pet dealers’ license from the Georgia Department
of Agriculture, business registration certificate from the Cobb County Business License
Division for an animal related business.
(b) Penalties
(1) A CCAS animal services officer or sworn police officer is authorized to impound any animal
subject to transfer in violation of this code section.
(2) A person found guilty of violating this code section shall be subject to a fine not to exceed:
First offense
$100
Second offense
$250
Third or subsequent offense $500
Each violation of this article shall constitute a separate offense.
State law reference – O.C.G.A. § 4-11-1, et. seq.
Section 10-7374—10-95. – Reserved.

Page 26 of 89

2026 CODE AMENDMENTS
Official Code of Cobb County
Part I. – Chapter 50
Package I
Version I - distributed on September 4, 2026
Board of Commissioners Public Hearing Dates
October 13, 2026 – 9:00 a.m.
October 27, 2026 – 6:00 p.m.

Cobb County Community Development
P.O. Box 649
Marietta, GA 30061
www.cobbcounty.gov

Page 27 of 89

Chapter 50 – ENVIRONMENT
ARTICLE III. - LAND DISTURBING ACTIVITIES
Sec. 50-76 of the Official Code of Cobb County, Georgia, is amended, to read as follows:
Sec. 50-76. Application; plan requirements; permit process.
(a) General. The property owner, developer and designated planners and engineers shall design
and review before submittal the general development plans. Cobb County shall review the
tract to be developed and the area surrounding it. They shall consult the zoning ordinance,
storm water management ordinance, subdivision ordinance, flood damage prevention
ordinance, this article, and any other ordinances, rules, regulations or permits, which
regulate the development of land within the jurisdictional boundaries of Cobb County.
However, the owner and/or operator are the only parties who may obtain a permit.
(b) Application requirements.
(1) No person shall conduct any land disturbing activity within the confines of the
unincorporated areas of Cobb County without first obtaining a permit, where required,
from the Cobb County Community Development Agency to perform such activity and
providing a copy of the notice of intent submitted to the Georgia EPD, if applicable. A
land disturbance permit for clearing and grading projects may only be obtained if such
projects are part of a complete site/project plan review and approval (allowing for
clearing and grading only phases, including a time table for final completion). Any
clearing and grading activities permitted under this section shall comply with the
provisions found in article III, section 50-75 of this chapter. In no event shall any portion
of this article be interpreted in any manner to reduce or diminish the use or density of
any project where the county board of commissioners has approved such use or
density.
(2) The application for a land disturbance permit shall be submitted to the Cobb County
Community Development Agency and must include the applicant's erosion,
sedimentation and pollution control plan with supporting data, as necessary. Said plans
shall include, as a minimum, the data specified in subsection (c) of this section. Erosion,
sedimentation and pollution control plans, together with supporting data, must
demonstrate affirmatively that the land disturbing activity proposed will be carried out
in such a manner that the provisions of section 50-75 of this article will be met.
Applications for a permit will not be accepted unless accompanied by a copy of the
applicant's erosion, sedimentation and pollution control plans and by such supportive
data as will affirmatively demonstrate that the land-disturbing activity proposed will be
carried out in such a manner that the minimum requirements shall be met. Maps,
drawings and supportive computations shall bear the signature and seal of the certified
design professional. All applications shall contain a certification stating that the plan
preparer or the designee thereof visited the site prior to creation of the plan in
accordance with EPD Rule 391-3-7-.10.

Page 28 of 89

(3) In addition to the local permitting fees, fees will also be assessed pursuant to paragraph
(5) subsection (a) of O.C.G.A. 12-5-23, provided that such fees shall not exceed $80.00
per acre of land-disturbing activity, and these fees shall be calculated and paid by the
primary permittee as defined in the state general permit for each acre of landdisturbing activity included in the planned development or each phase of development.
All applicable fees shall be paid prior to issuance of the land disturbance permit. Per
subsection (a) of O.C.G.A. 12-7-8 half of such fees levied shall be submitted to the
Division; except that any and all fees due from an entity which is required to give notice
pursuant to paragraph (9) or (10) of O.C.G.A. 12-7-17 shall be submitted in full to the
Division, regardless of the existence of a local issuing authority in the jurisdiction.
(4) If a permit applicant has had two or more violations of previous permits, this section,
or the Erosion and Sedimentation Act, as amended, within three years prior to the date
of filing the application under consideration, Cobb County may deny the permit
application.
(5) Cobb County may require the permit applicant to post a bond in the form of
government security, cash, irrevocable letter of credit, or any combination thereof up
to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed landdisturbing activity, prior to issuing the permit. If the applicant does not comply with
this section or with the conditions of the permit after issuance, Cobb County may call
the bond or any part thereof to be forfeited and may use the proceeds to hire a
contractor to stabilize the site.
(6) Any application for a land disturbance permit involving a development expected to
generate more than 3,000 vehicle trips during a single day and/or more than 250
vehicle trips during a single hour shall be required to submit a traffic impact study
(prepared in accordance with industry accepted standards, including at a minimum,
level of service impacts for adjacent roadways and intersections), the scope of which
shall be determined by the Director of the Cobb County Department of Transportation
or his/her designee and shall at a minimum address conditions and impacts resulting
from the project. A trip means a single one-way journey between two points by a
specified travel mode and for a defined purpose. A trip is the standard unit of measure
for trip generation used in traffic studies. Said applicant shall also be required to
coordinate and fund any recommended mitigation measures limited to project related
improvements with applicable federal, state and local agencies including the Georgia
Transportation Efficiency Authority and the Atlanta Regional Commission. The
applicant shall prepare an assumptions technical memorandum for approval by the
county department of transportation before proceeding with the traffic study.
(c) Plan requirement.
(1) Standards and specifications. Plans for land disturbing activities shall contain soil
erosion and sedimentation control measures and practices which conform to the
publication entitled Manual for Erosion Control in Georgia or through the use of more
stringent, alternate design criteria which conform to sound conservation and
engineering practices which is on file in the office of the issuing authority. The
publication is hereby incorporated by reference in this article. The plan for the land
disturbing activity shall consider the interrelationship of the soil types, geological, and

Page 29 of 89

hydrological characteristics, topography, watershed, vegetation, proposed permanent
structures including roadways, constructed waterways, sediment control and
stormwater management facilities, local ordinances, and state laws.
(2) Data Required for Site Plan shall include all the information required from the
appropriate Erosion, Sedimentation and Pollution Control Plan Review Checklist
established by the Commission as of January 1 of the year in which the applicable landdisturbing activity was permitted.
(3) Maintenance.
a. Maintenance of all soil erosion and sedimentation control practices, whether
temporary or permanent, shall be at all times the responsibility of the owner. It
shall be the responsibility of the owner or his/her designee to post a maintenance
log on site at all times. Said log will be posted on site with the land disturbance
permit from the issuing authority. Said log must also be initialed on a weekly basis
by the owner or his/her designee to indicate compliance with best management
practices and the approved maintenance schedule.
b. All plans must contain the following maintenance statement: "Erosion control
measures will be maintained at all times. If full implementation of the approved
plan does not provide for effective erosion and sediment control, additional
erosion and sedimentation control measures will be installed if deemed necessary
by on-site inspection. On-site inspectors may add items to plans as necessary. Onsite inspectors may delete items from plans subject to approval by the director of
Cobb County Community Development or his/her designee."
(4) Permits.
a. Permits issuance or denial. A permit is issued after Cobb County has determined
that the plan for erosion and sedimentation control complies with the
requirements of section 50-75, and after Cobb County has affirmatively
determined that the plan complies with all other development ordinances, rules
and regulations in effect within the unincorporated areas of the county. Permits
will be issued or denied as soon as practical after the permit is filed with Cobb
County, but in any event not later than 45 days after receipt by Cobb County of a
completed application; providing variances and bonding are obtained, where
necessary and all applicable fees have been paid prior to permit issuance. The
permit shall include conditions under which the activity may be undertaken. If the
permit is denied, the reasons for the denial shall be furnished to the applicant.
b. No permit shall be issued unless Cobb County has affirmatively determined that
the plan is in compliance with this ordinance, any variances required by section
50-75(c)(15), (16) and (17) are obtained, bonding requirements, if necessary, as
per 50-76(b)(6) are met and all ordinances and rules and regulations in effect
within the jurisdictional boundaries of Cobb County are met.
c. Any land-disturbing activities by a local issuing authority shall be subject to the
same requirements of this ordinance, and any other ordinances relating to land
development, as are applied to private persons and the division shall enforce such
requirements upon the local issuing authority.

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d.
e.

f.
g.

h.

Staged developments. If the tract is to be developed in stages, then a separate
permit shall be required for each phase.
Responsibility. Neither the issuance of the permit nor compliance with the
conditions thereof, nor with the provisions of this article, shall relieve any person
of any responsibility otherwise imposed by law for damage of persons or property;
nor shall the issuance of any permit pursuant to this article serve to impose any
liability upon the county, its officers, board members or employees, for injury or
damage to persons or property. The permit issued pursuant to this article does not
relieve the applicant of the responsibility of complying with any other county
ordinance or state law.
Special conditions. A permit issued by Cobb County shall specify any special
conditions under which the land disturbing permit may be undertaken.
The permit may be suspended, revoked, or modified by the Local Issuing Authority
("LIA"), as to all or any portion of the land affected by the plan, upon finding that
the holder or his successor in the title is not in compliance with the approved
erosion and sedimentation control plan or that the holder or his successor in title
is in violation of this ordinance. A holder of a permit shall notify any successor in
title to him as to all or any portion of the land affected by the approved plan of
the conditions contained in the permit.
The LIA may reject a permit application if the applicant has had two or more
violations of previous permits or the Erosion and Sedimentation Act permit
requirements within three years prior to the date of the application, pursuant to
O.C.G.A. § 12-7-7(f)(1).

ARTICLE IV. – POST CONSTRUCTION STORMWATER MANAGEMENT FOR NEW DEVELOPMENT
AND REDEVELOPMENT
DIVISION 1. – GENERALLY
Sec. 50-112 of the Official Code of Cobb County, Georgia, is amended, to read as follows:
Sec. 50-112. - Maintenance of stormwater facilities—Privately owned.
(a) All private stormwater management facilities in the county shall be maintained by the
owners thereof in such a manner as to maintain and enhance the public health, safety and
general welfare in order to be assured that such facilities are safe and will not result in injury
or harm to persons or property, to reduce and minimize damage to public and private property,
to reduce and minimize the impact of such facilities on land and stream channel erosion, to
assist in the attainment and maintenance of water quality standards, to reduce local flooding,
and to maintain, as nearly as possible, the preexisting development runoff characteristics of
the area. All such maintenance of such facilities shall be at the sole cost and expense of the
owners thereof.
(b) It shall be unlawful for the owner or the occupant of any property upon which is located a
stormwater management facility to fail to maintain such facility in such a manner that the

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facility does not create a danger to the public health, safety or welfare. Should the owner fail
to so maintain such facility, such failure shall constitute a public nuisance. The manager shall
be entitled to inspect all stormwater management facilities subject to this article at all
reasonable times in order to determine compliance or noncompliance with the terms and
provisions of this article.
(c) Subject to the terms of subsection (d) of this section, Tthe manager shall provide written
notice to the owner or the person in possession, charge or control of any property constituting
a public nuisance under this article, stating that in the best professional judgment of the
manager the conditions existing upon the property constitute a nuisance, setting forth action
to be taken to eliminate the objectionable conditions, and requesting that such action be
undertaken within the number of days specified in the notice. When the property is in a
residential subdivision, the manager shall provide all properties associated with the
stormwater management facility a copy of said notice. If the conditions constituting a public
nuisance are not abated by the owner or the person in possession, charge or control of the
property within the amount of time specified in the notice, then the county may address the
nuisance under Chapter 83, Nuisance pursuant to subsection (d) of this section. Under
emergency circumstances where there exists the danger of bodily injury or death, the manager
is not required to provide a written notice before the county addresses the nuisance.
(d) Nothing contained in this article shall impair the right of the county to exercise any and all
other remedies available at law or in equity, including, without limitation, the pursuit of
injunctive relief, under emergency circumstances where there exists the danger of bodily injury
or death.
(Ord. of 9-28-93; Code 1977, § 3-22.5A-39; Ord. of 4-13-04; Amd. of 11-20-25)
DIVISION 3. – INSPECTION AND MAINTENANCE
Subdivision II. – On-Site Facilities
The Official Code of Cobb County, Georgia, is amended by adding a section numbered 50-163 to
read as follows:
Section 50-163. – Owner’s Failure to Maintain Private Stormwater Management Systems.
The terms of the inspection and maintenance agreement shall provide for what constitutes a
failure to maintain private stormwater management system and the enforcement options
available to the county. If a site was developed before the requirement to have an inspection and
maintenance agreement or an inspection and maintenance agreement was for any reason not
entered into, recorded, or has otherwise been invalidated or deemed insufficient, then:
(a) An owner’s failure to maintain the stormwater facility so that it performs as it was originally
designed shall constitute and be addressed as a violation of or failure to comply with this
article and owner’s property maintenance obligations pursuant to Section 18-186.

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(b) To address such a failure to maintain the stormwater management system, the county shall
have all the powers and remedies that are available to it, pursuant to Sections 50-112 and
50-113 or through the adopted International Property Maintenance Code.
Secs. 50-1634—50-180. - Reserved
ARTICLE VII. - NOISE
Sec. 50-257 of the Official Code of Cobb County, Georgia, is amended, to read as follows:
Sec. 50-257. Violations and penalty.
…
(b)
Except as otherwise provided herein, it shall be unlawful for any person to make,
continue or cause to be made or continued any loud noise which either disturbs, injures
or endangers the comfort, repose, health, peace or safety of others in the
unincorporated areas of the county which:
(1) From 7:00 a.m. until 10:59 p.m., exceeds 70 dBA measured from the complainant
location;
(2) From 11:00 p.m. until 6:59 a.m., exceeds 65 dBA measured from the complainant
location.
(1) Exceeds 70 dBA, measured from the complainant’s location:
a. From 7:00 a.m. until 9:59 p.m. on Sunday through Thursday; or
b. From 7:00 a.m. until 10:59 p.m. on Friday and Saturday.
(2) Exceeds 65 dBA, measured from the complainant’s location:
a. From 10:00 p.m. until 6:59 a.m. on Sunday through Thursday; or
b. From 11:00 p.m. until 6:59 a.m. on Friday and Saturday.
Sec. 50-258 of the Official Code of Cobb County, Georgia, is amended, to read as follows:
Sec. 50-258. Enumeration of prohibited noises.
…
(15) Consumer fireworks. Covered under chapter 10 of title 25, O.C.G.A. § 25-10-2, prohibited
fireworks activities; application of noise ordinance. It shall be unlawful for any person to
ignite or otherwise use consumer fireworks as defined in O.C.G.A. § 25-10-1(a)(1) within 200
yards of a facility housing equines in a confined area. Except as otherwise provided in this
paragraph, it shall be unlawful for any person to use, ignite, or cause to be ignited any
consumer fireworks, as defined in O.C.G.A. § 25-10-1, outside the hours beginning at 10:00
a.m. and continuing through 8:59 p.m. on any day of the week. Notwithstanding the
foregoing restriction, consumer fireworks may be used, ignited, or caused to be ignited:
a. On January 1, the last Saturday and Sunday in May, July 3, July 4, the first Monday in
September, and December 31 of each year, beginning at 10:00 a.m. and continuing
through 11:59 p.m., as provided in O.C.G.A. § 25-10-2(b)(3)(B)(ii);
b. On January 1 of each year, beginning at 12:00 midnight and continuing through 1:00
a.m., as provided in O.C.G.A. § 25-10-2(b)(3)(B)(iii); or

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c. On such additional dates, at such additional times, and at such locations as may be
expressly authorized by a special-use permit issued by the county pursuant to O.C.G.A.
§ 25-10-2(b)(3)(D) and any applicable county permit requirements.
The use or ignition of consumer fireworks during any otherwise permitted date or time shall
remain subject to all other applicable provisions of this Code and state law.

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2026
CODE AMENDMENTS
Official Code of Cobb County
Part I. – Chapter 54
Package I
Version I - distributed on September 4, 2026
Board of Commissioners Public Hearing Dates
October 13, 2026 – 9:00 a.m.
October 27, 2026 – 6:00 p.m.

Cobb County Community Development
P.O. Box 649
Marietta, GA 30061
www.cobbcounty.gov

Page 35 of 89

Chapter 54 - FIRE PREVENTION AND PROTECTION
ARTICLE III. – FIRE SAFETY STANDARDS
Section 54-51 of the Official Code of Cobb County, Georgia, is amended, to read as follows:
Sec. 54-51. Life safety certificate of occupancy requirement.
(a) This Code section shall apply to the state minimum fire safety standards enforced by the fire
marshal's office. This Code section shall not apply to separate certificate of occupancy
requirements enforced by the community development agency.
(b) Every building, structure, or tenant space shall have a certificate of occupancy issued by the
Cobb County Fire Marshal's Office before such building, structure, or tenant space may be
occupied. Such certificates of occupancy shall state the occupant load for such business
establishment or building and shall be posted in a prominent location within such business
establishment or building.
Exception 1: One-family and two-family dwellings, one-family and two-family row houses
(townhouses) separated by a two-hour fire wall and two-family townhouses separated by a
two-hour fire wall.
Exception 2: Residences providing in-home day care (if five six or fewer clients/attendees)
and businesses not open to the public located in one-family and two-family dwellings.
(c) Such certificates of occupancy shall run for the life of the building, structure or tenant space,
except where there is a change in the classification of occupancy, substantial renovation,
reconstruction due to fire or other hazard of serious consequence, renovation or addition.
(d) Change in the classification of occupancy includes changes that place the building, structure,
or tenant space in a different subclassification of the same group or occupancy, or in a
different group of occupancies.
(e) Where there has been any change in the classification of occupancy, substantial renovation
or reconstruction due to fire or other hazard of serious consequence, the building or
structures therein, shall be constructed to meet requirements for new construction of the
code edition adopted at the time plans are approved for the change of occupancy,
substantial renovation or reconstruction due to a fire or other hazard of serious
consequence.
(f) Where there has been any renovation or addition, the area included in the renovation or
addition shall be constructed to meet requirements for new construction of the code edition
adopted at the time plans are approved for the renovation or addition. For the purposes of
this section, the area included in the renovation or addition shall be limited to such area as
clearly outlined on the construction plans/permit documents.
(g) Where there has been no change in the classification of occupancy, substantial renovation
(as defined in subsection (i)), reconstruction due to fire or other hazard of serious
consequence, renovation or addition but merely a change in owner or a change in business
name, and a valid certificate of occupancy has previously been issued for the building,
structure, or tenant space, a "Notice of Information Change Form" shall be completed by
the new owner and/or occupant and submitted to the Cobb County Fire Marshal's Office. A

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new certificate of occupancy will not be issued by the fire marshal unless required by the
state minimum fire safety standards, and in such case a joint certificate of occupancy or fireonly certificate of occupancy may be issued.
(h) Business owners subleasing a portion of any space with a valid certificate of occupancy shall
complete a "Notice of Information Change Form" and submit to the Cobb County Fire
Marshal's Office. A new certificate of occupancy will not be issued by the fire marshal unless
required by the state minimum fire safety standards, and in such case a joint certificate of
occupancy or fire-only certificate of occupancy may be issued. Businesses operating from an
established executive suites or an executive office space are not required to submit a
sublease application.
(i) For the purposes of this Code section, "substantial renovation" means any construction
project in which the cost of construction exceeds the structure's assessed value as recorded
in the tax assessors' records at the time of renovation. A "fire or other hazard of serious
consequence" means any incident or condition, including but not limited to fire, structural
damage, environmental contamination, or system failure, that results in conditions
requiring a substantial renovation to restore the building or structure to a safe and
occupiable condition.
(j) For purposes of this Code section, renovation means any construction project that involves
removing or adding walls, doors, or windows; performing electrical or plumbing work that
requires a permit; or making structural modifications or alterations to the building or its
systems.
(k) Construction, reconstruction, substantial renovation, renovation, or addition shall be
prohibited without plans approved by the fire marshal's office prior to any work being
performed.
(l) Penalties and enforcement.
(1) Any person or entity that fails to obtain a valid certificate of occupancy from the fire
marshal's office prior to occupancy as required under subsection (b) of this Code
section shall be guilty of an ordinance violation.
(2) Upon ascertaining such a violation, a notice of violation shall be directed to the owner
of the property and shall provide a timeframe for compliance. The notice issued
pursuant to this section may be served upon the party responsible for the violation,
either by personal service, mail, or by process server.
(3) In the event that the compliance time period passes and the certificate of occupancy
has not been obtained, a citation shall issue requiring a court appearance. The
maximum penalty for a violation prosecuted in court shall not exceed $1,000.00 or
imprisonment for up to six months, of both, as authorized by state law.
(4) Any person who shall violate any of the provisions of this article or fail to comply
therewith, shall for each and every such violation and noncompliance, respectively, be
guilty of an ordinance violation. The imposition of one penalty for any violation shall
not excuse the violation or permit it to continue.
(5) The provisions of this subsection (l) shall not apply to: the following occupancies, as
defined in subsection (b) of this Code section and classified according to the applicable
zoning designation and land use classification established by either Cobb County's

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Unified Development Code or the zoning ordinance of the respective municipality
receiving services from Cobb County Fire and Emergency Services:
a. One-family and two-family dwellings, including townhouses separated by a twohour fire wall;
b. Residences providing in-home day care for five six or fewer clients; and
c. Businesses not open to the public that operate from one-family or two-family
dwellings.
(Amd. of 2-23-10; Ord. of 7-27-10; Amd. of 2-23-16; Amd. of 5-23-17; Amd. of 11-20-25; Amd.
2026)
Section 54-59 of the Official Code of Cobb County, Georgia, is amended, to read as follows:
Sec. 54-59. Hydrant obstruction and hydrant maintenance.
(a) Cobb County Fire and Emergency Services shall have For private fire hydrants located at onefamily and two-family dwellings, including townhouses and condominiums, Cobb County
Fire and Emergency Services shall have the authority to enforce all codes with regards to
privately owned fire hydrants including but not limited to: location, inspections,
maintenance, flow test (every three years) and obstructions within the service area served.
These private hydrants shall comply with the applicable codes, standards and local
ordinances currently adopted by Cobb County and shall be enforceable per the terms of
section 54-51 of this chapter.
(b) All hydrants shall be painted silver as needed. Reflective tape a minimum of one-inch wide
shall be placed around the entire circumference of the bonnet with the ends overlapping a
minimum of one inch. White reflective tape shall be used on all public fire hydrants. Orange
reflective tape shall be used on all fire hydrants that are not owned and/or maintained by
Cobb County Water System. Painted tape or worn tape shall be replaced. Contact the Cobb
County Fire Marshal's Office for information on reflective tape that has been approved for
use on fire hydrants.
(c) Hydrants other than those owned and/or maintained by Cobb County Water System shall
have general maintenance performed annually in accordance with the currently adopted
edition of NFPA 25. Maintenance and flow test records shall be maintained on the premises
for inspection by the Cobb County Fire Marshal's Office presented to Cobb County Fire and
Emergency Services within 5 business days of the inspection or work. Submittal of records
shall carry a fee as approved by the Cobb County Board of Commissioners. A weatherresistant tag shall be affixed to each hydrant indicating the date of inspection, the name of
the company responsible for the inspection, and the operational status of the hydrant using
the following color system: green shall indicate that no deficiencies are present and the
hydrant is fully operational; yellow shall indicate that deficiencies were found, but the
hydrant remains functional; and red shall indicate that the hydrant is non-operational and
will not function as intended. All maintenance shall be performed by a qualified company
on file with the Cobb County Fire Marshal's Office.
(d) Hydrants other than those owned and/or maintained by Cobb County Water System shall
be flow tested every three years. Flow testing shall be done in accordance with

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requirements in the American Water Works Association M17 manual, "Installation, Field
Testing, and Maintenance of Fire Hydrants." A site map showing flow and residual hydrants
(numbered appropriately) shall be provided with each report. The flow test shall be
performed by a qualified company on file with the Cobb County Fire Marshal's Office.
(e) All hydrants shall be installed and maintained such that the center of any hose outlet shall
not be less than 18 inches above final grade.
(Ord. of 7-26-05; Ord. of 7-25-06; Amd. of 2-24-15; Amd. of 11-20-25; Amd. 2026)
Section 54-62 of the Official Code of Cobb County, Georgia, is amended, to read as follows:
Sec. 54-62. Fire watch, special fire services.
(a) The fire department, fire marshal, fire official, fire chief or their designee, shall have the
authority to require, assess and collect fees for special fire services, including, but not limited
to fire watch, fire standby, the cleanup of hazardous materials, lift assist, and/or an
approved fire watch when potentially hazardous conditions or a reduction in a life safety
feature exist due to the type of performance, display, exhibit, occupancy, contest or activity;
or an impairment to a fire protection feature; or the number of persons present.
(b) Where special fire services, standby fire personnel or an approved fire watch is required or
requested:
(1) When required by the fire marshal, the business, owner, agent, or lessee shall identify
and designate one or more qualified persons, as required and approved to be on duty;
(2) The cost of special fire services and/or standby fire personnel shall be at no cost to the
fire department and shall be assessed as provided in this section;
(3) Such standby fire personnel or fire watch personnel shall be subject to the orders of
the fire marshal, or his/her designee, at all times and shall be identifiable and remain
on duty during the times such places are open to the public, when such activity is being
conducted, or while such impairment or condition remains, as required by the fire
marshal, or his/her designee;
(4) The fire watch and/or special fire services shall be documented using a fire watch log
or other record to be maintained at the protected facility and available to fire
department personnel at all times. The fire watch log or record shall contain, but not
be limited to, the following information: date and time of the special fire service or fire
watch duty, beginning and ending times of each patrol, any fire safety hazards found,
record of communication with the fire department and alarm monitoring company, and
a record of other information as required by the fire marshal, fire chief, or their
designee; and
(5) The fire department shall be authorized to establish and collect fees to recover costs
for providing special fire services, including, but not limited to equipment, supplies,
and/or personnel affiliated with special fire services, fire standby, fire watch, fire
inspections, lift assist, responding to a hazardous condition and/or similar special fire
services requested by an entity doing business or providing services in Cobb County or
where required by the authority having jurisdiction to protect public safety pursuant to
fee schedule(s) established under this section.

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(6) Fee schedule(s). The fire department and/or fire marshal shall establish a separate or
combined fee schedule for all special fire services under this section and present said
fee schedule(s) to the board of commissioners for initial approval and for any
amendment to the same. The assessment of such fees shall be made against the
person, firm, partnership, corporation or organization requesting or responsible for the
special fire service within six months from the last date of service. Notice of assessment
shall be in writing and sent to the responsible entity and/or individual via certified U.S.
Mail with a copy via first class U.S. Mail. The fire marshal and/or fire department shall
establish a process for assessing and tracking fees under this section.
(7) Payment of costs. Costs assessed pursuant to this article, including reasonable attorney
fees, court costs and administrative costs shall be payable by the person, firm,
partnership, corporation, insurance company or organization requesting or responsible
for the fire service(s). These costs shall be paid within 60 days of the date of the notice
of assessment and shall bear interest at ten percent per annum from the date when
same becomes due and payable. The county may pursue collections and/or proceed in
a court of valid jurisdiction to collect any fees or monies remaining unpaid under this
section from a responsible party and shall have any and all other remedies provided by
and subject to law for the collection of said charges.
(8) Lien. In addition to any civil remedy allowed by law, the assessment under this section
shall constitute a lien in favor of the county on any property, real or personal, owned
by the person, firm, corporation, partnership or organization which shall be
enforceable pursuant to O.C.G.A. § 48-4-78 for delinquent ad valorem taxes, which may
include all amounts due under this article. Redemption of the property from the lien
may be made in accordance with the provisions of O.C.G.A. §§ 48-4-80 and 48-4-81.
(9) Penalties. Any person who shall violate any of the provisions of this chapter or fail to
comply herewith, or who shall violate or fail to comply with any order made hereunder
may be subject to the penalties set forth in Code section 54-3 and/or section 54-87.
(10) Non-exclusive remedy. The penalties and remedies provided by this article shall be in
addition to any other remedies or penalties provided by law.
(c) For the purposes of this section, the terms used herein are defined as follows:
(1) Fee schedule means the separate or combined fee schedule(s) prepared and presented
by the fire chief, fire marshal and/or their designee to the board of commissioners for
approval by resolution, which may be amended from time to time.
(2) Fire watch means a temporary measure intended to ensure continuous and systematic
surveillance of a building or portion thereof by one or more qualified individuals for the
purposes of identifying and controlling fire hazards, detecting early signs of unwanted
fire, raising an alarm of fire and notifying the fire department. Fire watch shall be
approved and performed by a currently certified Georgia fire inspector working within
the Cobb County fire marshal's office.
(3) Hazardous condition means a response to any request for special fire services or
emergency that involves the disposal, removal, storage, investigation, remediation or
cleanup of:
a. Any substance or mixture of substances which is toxic, corrosive, an irritant, a
strong sensitizer, flammable or which generates pressure through decomposition,

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heat or other means, if such substance or mixture of substances may cause
substantial personal injury or substantial illness during, or as a proximate result of,
any customary or reasonably foreseeable handling or use, including reasonably
foreseeable ingestion by children; and/or
b. Any substances, elements, or compounds which are contained in the list of
hazardous substances adopted by the United States Environmental Protection
Agency (EPA) and the list of toxic pollutants defined by the United States Congress.
(4) Lift assist means a request for and response by fire department personnel to assist in
physically moving a person who has fallen and who does not require emergency care
or medical transportation and who is located in a hospital, group home, continuing care
retirement community, assisted living facility, independent living facility, nursing home,
adult family home and/or rest home, commercial care facility or as otherwise defined
in Cobb County Code section 134-1, as amended. This also includes businesses hired
for transport services who solicit help from the Cobb County Fire & Emergency Services
personnel to load, unload, or relocate a patient in their care.
(5) Special fire service means those special fire services designated and listed in the fee
schedule(s), as amended, including, but not limited to fire watch, fire standby, the
cleanup of hazardous materials, lift assist, and the equipment, supplies, and/or
personnel affiliated with such special fire services.
(Amd. of 2-23-16; Amd. of 2-9-21; Amd. 2026)
ARTICLE VII. – ALARM SYSTEMS
Section 54-101 of the Official Code of Cobb County, Georgia, is amended, to read as follows:
Sec. 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) Only a licensed alarm contractor shall work on a fire alarm system. Effective July 1, 2015,
each licensed alarm contractor shall have at least one individual on each job site currently
certified by NICET (National Institute for Certification and Engineering Technologies) in fire
alarm systems or equivalent as accepted by Georgia Automatic Fire Alarm Association
(AFAA), Georgia Electronic Life Safety and Systems Association, and the county fire marshal.
Proof of certification shall be kept on the person of the certified individual.
(d) 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. Effective July 1,
2016, all fire alarm plan submittals shall be made only by persons currently certified by
NICET (National Institute for Certification and Engineering Technologies) in fire alarm
systems or their equivalent as accepted by Georgia Automatic Fire Alarm Association

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(AFAA), Georgia Electronic Life Safety and Systems Association, and the county fire marshal.
Proof of current certification shall be stamped on the plans and/or a copy of the certification
shall accompany the submittal.
(e) Effective July 1, 2016, all documentation submitted to the fire marshal's office shall be
completed and signed by persons currently certified by NICET (National Institute for
Certification and Engineering Technologies) in fire alarm systems or their equivalent as
accepted by Georgia Automatic Fire Alarm Association (AFAA), Georgia Electronic Life Safety
and Systems Association, and the county fire marshal. Such documentation shall include,
but not be limited to, record of completion forms, inspection testing and maintenance
forms, permit applications, etc. Proof of current certification shall accompany the submitted
documentation.
(f) Effective July 1, 2016, all inspection, testing, and maintenance of any alarm system shall be
only by persons currently certified by NICET (National Institute for Certification and
Engineering Technologies) in fire alarm systems or their equivalent as accepted by Georgia
Automatic Fire Alarm Association (AFAA), Georgia Electronic Life Safety and Systems
Association, and the county fire marshal.
(g) Electronic Security Association (ESA) National Training School (NTS) Certified Fire Alarm
Technician (CFAT) Level II shall be an approved equivalent for NICET certification.
(h) All fire alarm systems shall be inspected annually in accordance with the currently adopted
edition of NFPA 72. Maintenance records shall be submitted to the Fire Marshal's Office.
Submittal of records shall carry a fee as approved by the Cobb County Board of
Commissioners. A tag shall be affixed to the fire alarm control panel indicating the date of
inspection, the company responsible for the inspection, and the status of the fire alarm
system using the following color code: green shall indicate no deficiencies are present;
yellow shall indicate deficiencies were found, but the fire alarm system will still function;
and red shall indicate that the fire alarm system will not operate at all. All maintenance shall
be performed by a licensed fire alarm company.
(Amd. of 2-26-08 (eff. 1-1-09); Amd. of 2-24-15; Amd. of 2-23-16; Amd. of 5-23-17; Amd. of 1120-25; Amd. 2026)

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2026
CODE AMENDMENTS
Official Code of Cobb County
Part I. – Chapter 66
Package I
Version I - distributed on September 4, 2026
Board of Commissioners Public Hearing Dates
October 13, 2026 – 9:00 a.m.
October 27, 2026 – 7:00 p.m.

Cobb County Community Development
P.O. Box 649
Marietta, GA 30061
www.cobbcounty.gov

Page 43 of 89

Chapter 66 – HISTORIC PRESERVATION
ARTICLE II. – HISTORIC PRESERVATIO COMMISSION
Sec�on 66-28 of the Official Code of Cobb County, Georgia is amended to read as follows:
Sec. 66-28. - Membership; number, appointment, terms and compensa�on.
The historic preservation commission shall consist of five members appointed by the board of
commissioners, who shall be residents of the county who have demonstrated special interest,
experience, or education in history, architecture, or the preservation of historic resources. Each
member of the board of commissioners shall be entitled to appoint one member to the
commission. The term of each member shall run concurrently with and at the pleasure of the
appointing commissioner's term of office and until a successor is appointed and qualified. The
term of each member shall be not greater than three years. If an appointing commissioner is no
longer in office due to a general election or a special election in which more than one year
remains in that commissioner's term, any member appointed by that commissioner may be
removed with or without cause and without regard to any unexpired term by the newly elected
commissioner filling such seat. The newly elected commissioner shall have the right to appoint a
new member to the commission under the same requirements as his predecessor as set forth in
this section. Members do not receive a salary, although they may be reimbursed for expenses if
approved by the board of commissioners. No person who holds elective public office shall be
eligible to serve as a member during the term of such elective office, and the position of any
member shall be deemed vacant upon such member qualifying as a candidate for elective public
office. Such vacancy shall be filled for an unexpired term in the manner that original
appointments are required to be made.

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2026
CODE AMENDMENTS
Official Code of Cobb County
Part I. – Chapter 78
Package I
Version I - distributed on September 4, 2026
Board of Commissioners Public Hearing Dates
October 13, 2026 – 9:00 a.m.
October 27, 2026 – 7:00 p.m.

Cobb County Community Development
P.O. Box 649
Marietta, GA 30061
www.cobbcounty.gov

Page 45 of 89

Chapter 78 – LICENSES, PERMITS AND BUSINESSES
The Official Code of Cobb County, Georgia, is amended adding Chapter 78, Article VIII, Sec. 78560 – 78-576, to read as follows:
ARTICLE VIII. – VAPOR PRODUCT RETAILERS
Sec. 78-560. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Alternative nicotine product means any non-combus�ble product containing nico�ne that is
intended for human consump�on, whether chewed, absorbed, dissolved, or ingested by any
other means.
Church means a permanent building where persons regularly assemble for religious worship
and shall be publicly designated as a church, but shall not include a residence also used for
religious purposes.
Closed-system vapor product means any disposable vapor product or pre-filled cartridge
system that is sealed by the manufacturer and not intended to be refilled by the consumer or
retailer.
College means only such state, county, city, church or other colleges as teach the subjects
commonly taught in the common colleges of this state, and shall not include private colleges
where only specialized subjects such as law, stenography, business, music, art, medicine,
dentistry, vocational occupations and other special subjects are taught. The definition of college
shall include a university.
Distance means the measurement in lineal feet from the center of any door of customer
entry of the proposed premises of a licensee to the nearest property line of any church, library,
school, park, public housing, public hospital, vapor product retailer or private residence as
defined in this section. A radius shall be measured from the center of any door of customer entry
of the proposed premises of any licensee to the nearest property line of any church, library,
school, park, public housing, public hospital, vapor product retailer or private residence as
defined in this section.
E-liquid or E-juice means any liquid, gel, or substance intended to be aerosolized and inhaled
using a vapor product, whether or not it contains nico�ne.
License review board means the board created under section 6-90.
Minor means a person less than 21 years of age.
Open-system vapor product means any electronic device, mod, or tank system designed to
be manually filled or refilled with e-liquids by a consumer or retail operator.
Private residence means a house or dwelling wherein not less than one or more than two
families customarily reside and shall not include a mobile home, an apartment house having
facilities for housing more than two families, a boardinghouse or roominghouse where there are
five or more boarders or roomers, any residence which has been unoccupied for a period of six

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consecutive months immediately prior to the filing of any application for license, or any residence
that shall be a nonconforming use in a commercial zone.
Retail sale means selling or offering for sale vapor products to any member of the public.
School means only such state, county, city, church, private, or other schools, including day
care facilities as teach Georgia State accredited curriculum taught in the common public schools
of this state. This definition shall not include private post-secondary schools where only
specialized subjects such as law, stenography, business, music, art, medicine, dentistry,
vocational occupations and other special subjects are taught.
Underage person means a person who is less than 21 years of age.
Vape lounge or consumption on-premises establishment means any commercial
establishment holding a valid local permit where patrons are permitted to sample, test, or
consume aerosolized vapor products inside the physical structure.
Vapor Product means any noncombustible product that uses a heating element, battery, or
electronic circuit to produce a vapor from nicotine or other solutions. This includes electronic
cigarettes, cigars, pipes, and related cartridges. Vaping is legally classified as smoking.
Vapor Product Retailer License means a license issued by Cobb County authorizing a person
to engage in the retail sale, offer for sale, display for sale, exchange, or distribution of vapor
products to consumers from a fixed place of business located within the unincorporated area of
Cobb County. A Vapor Product Retailer License authorizes only those activities permitted by this
Article and shall not relieve the licensee from obtaining any permit, registration, certificate, or
license required by federal, state, or local law.
Vape shop or retail establishment means any commercial enterprise whose primary business
model, 75% or more of its total sales is from the retail sale, display, or distribution of vapor
products, e-liquids, devices, and associated hardware to the public for off-premises use.
Sec. 78-561. Purposes of chapter.
This chapter has been enacted for the purposes, among others, of promo�ng the health
and general welfare of the community; to establish reasonable and ascertainable standards for
the regula�on and control of the licensing and sales of vapor products; to protect and preserve
schools and churches; to give effect to exis�ng land use and preserve the sanc�ty of certain
residen�al areas, with reasonable considera�on being given, among others, to the character of
the areas and their peculiar suitability for par�cular uses, the conges�on in the roads and streets,
and with a general view of promo�ng desirable living condi�ons and sustaining stability of
neighborhoods and property values; and to protect against concentra�on of the retail outlets for
vapor products in one-family residen�al areas or to prevent undesirable persons from engaging
in or having any interest in vapor products.
Sec. 78-562. Distance requirements—From residences.
No license under this chapter shall be issued to any loca�on which is within a 300-foot
radius of a property line of a private residence; however, upon appeal, if the license review board,
at a public hearing, shall determine that the property values of the residence or residences will
not be affected, that the quiet enjoyment of the premises by the residents thereof shall not be

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adversely affected, and that the grant of such license shall have no other adverse effect on the
residents, the license review board or the board of commissioners may waive this provision of
this sec�on by gran�ng a distance waiver. A distance waiver remains in effect for any vapor
product retailer license for that loca�on provided that the establishment does not cease
opera�on for 12 or more months, and the business ac�vity does not change. This sec�on shall
not apply to residences located within commercial zones. The distance requirements from
residences sited in this sec�on do not apply to any residen�ally used structures that are contained
in the PVC, RRC, UVC, and ROD zoning categories
Sec. 786-563. Distance requirements—From schools, churches, parks or libraries.
No license shall be issued under this chapter where the place of business of the applicant is
located within a radius distance of 600 feet of a public library, church, public park, or school or
college. However, at a public hearing the license review board or the board of commissioners
may waive the distance requirements of this section by granting a distance waiver if satisfactory
evidence shall be produced before the license review board or the board of commissioners that
no adverse effect to property values or the use of the facilities for the purposes aforesaid would
occur if a license was granted. A distance waiver remains in effect for any vapor product retailer
license for that location provided that the establishment does not cease operation for 12 or more
months, and the business activity does not change.
Sec. 78-564. Distance requirements—From vapor retailer.
No license shall be issued under this chapter where the place of business of the applicant
is located within a radius distance of 2,500 feet of another vapor retailer. However, at a public
hearing the license review board or the board of commissioners may waive the distance
requirements of this sec�on by gran�ng a distance waiver if sa�sfactory evidence shall be
produced before the license review board or the board of commissioners that no adverse effect
to property values or the use of the facili�es for the purposes aforesaid would occur if a license
was granted. A distance waiver remains in effect for any vapor product retailer license for that
loca�on provided that the establishment does not cease opera�on for 12 or more months, and
the business ac�vity does not change.
Sec. 78-565. Distance requirements—Exemption for existing establishments.
Any applica�on for renewal or transfer of license under this chapter on an exis�ng licensed
loca�on shall not be required to meet the distance requirements from churches, schools, private
residences, vapor retailers, and other distance requirements set forth in this chapter. An
applica�on filed under this sec�on shall meet and qualify under all other requirements of this
chapter for the gran�ng of a new license.
Sec. 78-566. Filing of plats.

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(a) Each application for an vapor product retailer license at a location for which there is no
existing county license within the preceding 12 consecutive months from the date the
application was filed with the Cobb County Business License Division for the same type of
vapor product retailer license in effect shall include a blue line copy of a surveyor's plat, 8½
inches by 11 inches in size, with a scale of one inch equals 200 feet, showing the location of
the building or proposed building and location of all customer entries in relation and
distance to all real property and buildings on such real property which fall within the
distance requirements set forth in sections 78-562, 78-563, and 78-564, together with the
zoning classifications and present uses of all such real property. Each application for a vapor
product retailer license at a location which has not previously been occupied for other than
residential purposes or on which there is or is to be new construction shall also include a
copy of a site plan approved by the community development department.
(b) All real property, locations, structures and improvements thereon shall comply with all
county building codes, zoning and planning ordinances and requirements, and all other
county ordinances. After issuance of any license under this article, no change in the location
of the building or customer entry locations may be made which would affect compliance
with any distance requirements of this article. Any such change must be pre-approved by
the business license division manager or processes described in this article.
Sec. 78-567. Additional architectural standards for retail sales establishments.
No screen, blind, curtain, partition, article or thing which prevents a clear and unobstructed
view into the interior shall be permitted in the window or upon the doors of any retail store for
the sale of vapor products, and no booth, screen, partition or other obstruction shall be
permitted within the interior of any such store. Each such store shall be so lighted that the
interior of the store is visible day and night.
Sec. 78-568. Administration of this article.
(a) Authority of business license division manager. The business license division manager shall
administer and enforce the provisions of this article for the levy and collection of the tax
imposed by this article.
(b) Rules and regulations. The business license division manager shall have the power and
authority to make and publish reasonable rules and regulations not inconsistent with this
article or other laws of the county and the state, or the constitution of this state or the
United States, for the administration and enforcement of the provisions of this article and
the collection of taxes under this article.
Sec. 78-569. Enforcement
(a) The Cobb County Police Department and any other regulatory agency in the county shall
enforce this ordinance.

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(b) Authorized officers may conduct compliance inspections, investigations, and age-verification
checks in a manner consistent with Georgia State law.
Sec. 78-570. Violations of chapter.
The violation of any of the provisions of this article by the holder of a license under this article
or the licensee's agents or employees, whether compensated or not, shall subject the holder of
such license to revocation, suspension or probation of the license.
Sec. 78-571. Prohibited Acts
(a) No retailer shall sell, furnish, distribute, or permit the purchase of any vapor product to
anyone
under 21 years of age.
(b) No minor shall purchase, atempt to purchase, or possess any vapor product, except as
otherwise permited under Georgia law.
(c) No retailer shall sell a vapor product without first verifying the age of the purchaser by means
of a valid, government-issued photographic identification.
Sec. 78-572. Keeping or storing vapor products.
It shall be unlawful for any person or licensee to keep, possess or store any vapor products
where 75% of total sales is from vapor product sales without appropriate, valid and current state
and local licenses for such products.
Sec. 78-573. Removal of signs and vapor products from unlicensed premises.
When any license for selling vapor products is revoked, suspended or denied, or there is no
valid state and county license in existence for the sale of those vapor products, the sale of those
vapor products at that location shall immediately cease; and all signs indicating that such
products may be sold or purchased at the location and all such vapor products shall be removed
from the place of business, both outside and inside.
Sec. 78-574. Administrative penalty.
Any person or retailer violating this ordinance shall be subject to the following administrative
penalty.
(1) An administrative penalty of $300.00 for the first violation of this chapter.
(2) An administrative penalty of $600.00 for the second violation of this chapter in 12
months.
(3) An administrative penalty of $1,200.00 for the third or subsequent violation of this
chapter in 12 months.

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(4) Upon a fourth violation of this chapter occurring within any 12-month period, the licensee

shall be subject to a hearing before the license review board, at which time the license
review board may suspend or revoke the applicable license.

Sec. 78-575. – Issuance; appeals.
(a) Application, issuance, denial. Except as otherwise provided, no person may operate a vape
shop without a vapor product retailer license. The business license division manager shall
review all applications and determine whether to issue the license. Any applicant who is
denied shall have the right to appeal such decision to the license review board. Appeals to
the license review board must be filed with the business license division within 30 days of the
denial. After a hearing, the license review board may approve or deny the license. The
decision shall be final unless appealed as set forth below.
(b) A decision of the license review board shall be final unless appealed to the board of
commissioners within ten days of the date of decision by the license review board. The board
of commissioners shall review a summary of the hearing before the license review board
within 30 days of the date of the license review board's recommendation to waive the
distance requirements of sections 78-562, 78-563, or 78-564 or direct the business license
division manager to place the matter down for a hearing and take any authorized action
concerning the applicant's requested license. If the board of commissioners opt to review a
summary of the hearing before the license review board, it may, after such review, place the
matter down for a hearing and take any authorized action concerning the applicant's
requested license. No license shall be issued until the board of commissioners has reviewed
the summary and made a decision on whether to place the matter down for hearing. In the
event the board of commissioners affirms the decision of the license review board to issue a
license, the appropriate license or licenses shall be issued.
(c) The decision of the board of commissioners on an appeal under this article shall be final
unless appealed. Any aggrieved party may appeal a decision of the board of commissioners
by filing a petition for review pursuant to O.C.G.A. § 5-3-1 et seq. to the superior court within
30 days of the decision of the board of commissioners.
Sec. 78-576. – Effective date.
This article shall be effective April 1, 2027.

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2026
CODE AMENDMENTS
Official Code of Cobb County
Part I. – Chapter 83
Package I
Version I - distributed on September 4, 2026
Board of Commissioners Public Hearing Dates
October 13, 2026 – 9:00 a.m.
October 27, 2026 – 7:00 p.m.

Cobb County Community Development
P.O. Box 649
Marietta, GA 30061
www.cobbcounty.gov

Page 52 of 89

Chapter 83 – NUISANCES
ARTICLE I. – IN REM NUISANCE ABATEMENT
Sec�on 83-4 of the Official Code of Cobb County, Georgia, is amended to read as follows:
Sec. 83-4. - Findings.
The board of commissioners finds that there exist in unincorporated county proper�es which are
unfit for human habita�on or for commercial, industrial, or business uses due to dilapida�on and
which are not in compliance with applicable codes; which have defects increasing the hazards of
fire, accidents, or other calami�es; which lack adequate ven�la�on, light, or sanitary facili�es;
which have improperly maintained stormwater facili�es resul�ng in flooding, erosion, or water
quality degrada�on; which have other condi�ons that render such proper�es unsafe or
unsanitary, or dangerous or detrimental to the health, safety, or welfare, or otherwise inimical to
the welfare of the residents of the county; which are nuisances pursuant to general nuisance law
and cons�tute a hazard to the health, safety and welfare of the people of the county; and/or
which are vacant and being used in the commission of drug crimes.
Sec�on 83-5 of the Official Code of Cobb County, Georgia, is amended to read as follows:
Sec. 83-5. - Defini�ons.
As used throughout this article, the term:
Applicable codes means (1) any housing or abatement standard provided in O.C.G.A., title 8, ch.
2, including standard minimum codes as adopted now or hereafter by ordinance and codified
under chapter 18 of the Official Code of Cobb County, Georgia, or by operation of law, or other
property maintenance or building standards or codes as adopted now or hereafter by ordinance
or operation of law, or general nuisance law, relative to the safe use of real property; and (2) any
fire or life safety code as provided for in O.C.G.A., title 25, ch. 2.; (3) any requirements for
stormwater facilities and the maintenance thereof found in articles IV and V of chapter 50 of the
Official Code of Cobb County; and/or (4) requirements of the Metropolitan North Georgia Water
Planning District’s regional water plan, the Georgia Stormwater Management Manual. Any such
building or minimum standard codes for real property improvements shall be deemed to mean
those building or minimum standard codes in existence at the time such real property
improvements were constructed unless otherwise provided by law.
…
Property means any lot, tract, or parcel of real estate whether improved or unimproved. 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

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includes any building or structure of any design. The term shall expressly include, for means of
amplification and not limitation, swimming pools, stormwater facilities, and wells. Also as used
in this article, the term shall not mean 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.
…
Public officer means either the director of community development or his or her designee,
the director of public safety or his or her designee, the director of the county water system or his
or her designee, or the director of the county board of health or his or her designee.
…
Sec�on 83-6 of the Official Code of Cobb County, Georgia, is amended to read as follows:
Sec. 83-6. - Du�es of property owners.
(a) It is the duty of the owner of every property located within unincorporated Cobb County (1)
to construct and maintain such property in conformance with applicable codes in force
within unincorporated Cobb County, or such ordinances which regulate and prohibit
activities on property and which declare it to be a public nuisance to construct or maintain
any property in violation of such codes or ordinances; and (2) to keep such property
reasonably clean and free of any materials or conditions which create a health or safety
hazard either on such property or to surrounding persons or properties.; and (3) to properly
maintain stormwater facilities located on the property to prevent flooding, erosion, and
contamination of water resources.
(b) No owner shall allow any property located within unincorporated Cobb County to be used
in the commission of drug crimes.
Sec�on 83-7 of the Official Code of Cobb County, Georgia, is amended to read as follows:
Sec. 83-7. - Nuisance abatement procedure.
(a) Appointment and designation of public officer. Each of the following is hereby appointed
and designated as a public officer with the authority to carry out the powers and duties of
this article: the director of community development, the director of public safety, the
director of the county water system, and the director of the county board of health. Such
appointment and designation shall include the designees of such persons.
(b) Complaint and investigation. Whenever a request is filed with a public officer by a public
authority or by at least five residents of the unincorporated area of the county charging that
any property:
(1) Is unfit for human habitation or for commercial, industrial, or business use and not in
compliance with applicable codes;
(2) Is vacant and being used in connection with the commission of drug crimes; or

Page 54 of 89

(3) Constitutes an endangerment to the public health or safety as a result of unsanitary or
unsafe conditions,
the public officer with whom the request is filed shall make an investigation or inspection
of the specific property to determine if such conditions exist under applicable codes. The
public officer shall have the authority to enter upon premises to conduct an inspection,
provided such entry is made with the least possible inconvenience to the person(s) in
possession. If such an inspection is necessary, the public officer shall endeavor to obtain
the permission of the owner to conduct such inspection. If permission is withheld, the
public officer may seek the assistance of the county attorney's office to obtain an inspection
warrant from a court of competent jurisdiction. The public officer may determine under
existing ordinances that a property is unfit for human habitation or for commercial,
industrial, or business use and not in compliance with applicable codes; is vacant and being
used in connection with the commission of drug crimes; and/or constitutes an
endangerment to the public health or safety as a result of unsanitary or unsafe conditions.
upon In making a finding of conditions on the property that are dangerous or injurious to
the health, safety, or morals of the occupants, occupants of neighboring properties, or
other residents of the county the public officer may consider the following conditions
(without limiting the generality of the foregoing): defects therein increasing the hazards of
fire, accidents, or other calamities; lack of adequate ventilation, light, or sanitary facilities;
dilapidation; disrepair; structural defects; defects causing or creating hazard of flooding,
erosion, and contamination of water resources; and uncleanliness. The public officer may
determine that the property is being used in the commission of drug crimes upon personal
observation or report of a law enforcement agency.
…
ARTICLE II. – WEED CONTROL, OUTSIDE STORAGE AND JUNK VEHICLES
Section 83-9 of the Official Code of Cobb County, Georgia, is amended, to read as follows:
Section 83-9. – Weed control, outside storage, and junk vehicles.
It is found and declared that uncontrolled weed growth, outside storage, and junk vehicles on
properties within unincorporated Cobb County is a health risk and undesirable in that it
provides harborage for rodents and insects, lowers property values, and constitutes a public
nuisance.
Section 83-10 of the Official Code of Cobb County, Georgia is amended to read as follows:
Section 83-10. – Definitions.
As used in this article, the term:
…

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…

…

…

Junk vehicle means a vehicle that is in an inoperative or junk condition, shall include but
not be limited to any automobile, vehicle, mobile home, manufactured home or trailer
of any kind or type, or contrivance or part thereof, the condition of which is one or more
of the following:
(1) Wrecked.
(2) Dismantled.
(3) Partially dismantled.
(4) Inoperative.
(5) Abandoned.
(6) Discarded.
(7) One which does not have a valid license plate and/or valid decal attached hereto.
Outside storage means the keeping, placing, or accumulation of any materials,
equipment, merchandise, supplies, personal property, or other items outside of a
completely enclosed building or structure overnight.
Weeds shall mean grass, jimson, burdock, ragweed, thistle, cocklebur, dandelion,
invasive vines and any unrestricted vegetative growths.

Section 83-11 of the Official Code of Cobb County, Georgia is amended to read as follows:
Sec. 83-11. - Exemptions.
This section shall not apply to the following described properties:
(a) County, state or federal property or governmentally mandated easements, buffers, corridors,
wetlands, detention ponds, dams, farms, natural or landscape areas, lakes, medians, etc.,
except where developed property fronts publicly-owned right-of-way;
(b) Utility owned rights-of-way unless they are within a platted subdivision; or
(c) Tracts of property (under single ownership) 40,000 square feet or larger unless they are
within a platted subdivision;
(d) Tracts of property (under single ownership) 40,000 square feet or larger unless buildings or
structures are located within 75 feet of the public right-of-way, except where such property
is used for agricultural or farm use.
(e) Outside storage of lawn furnishings and firewood.
(f) Outside storage on properties zoned Light Industrial, so long as the outside storage is setback
a minimum of 35 feet from any public right-of-way.
(g) Outside storage on properties zoned Heavy Industrial.
(h) Junk vehicles that are in an enclosed building, or on the premises of a business enterprise
operated in a lawful matter, when necessary to the operation of such business enterprise.
Section 83-12 of the Official Code of Cobb County, Georgia is amended to read as follows:

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Section 83-12.-Prohibited.
(a) It shall be unlawful for the owner of any property to permit weeds including but not limited
to grass, jimson, burdock, ragweed, thistle, cocklebur, and dandelion to obtain a height
exceeding 12 inches unless exempted as described in this section. It shall be unlawful for the
owner of any property to permit invasive vines to extend onto or over an adjoining property.
It shall be unlawful for the owner of any property, that contains an easement for utility rightof-way, lake, pond or other water impoundment, to permit weeds to obtain a height
exceeding 12 inches on any portion of the property, unless exempted as described in this
section. It shall be unlawful for the owner of any property 40,000 square feet or larger where
buildings or structures are located within 75 feet of the public right-of-way to permit weeds
to obtain a height exceeding 12 inches on any portion of the property between the building
or structure and the right-of-way. Property owners of developed property shall be required
to maintain the right-of-way from the property line to the street curb in this same manner.
This requirement shall not be applied to undeveloped property or to portions of developed
property where the intent is to leave the property in its natural state.
(b) It shall be unlawful for the owner or occupant of any property to permit or allow any outside
storage or any junk vehicle to be placed, maintained, stored, or allowed to remain upon such
property, unless exempted as described in this section.
Section 83-13 of the Official Code of Cobb County, Georgia is amended to read as follows:
Section 83-13.-Notice to remove and hearing.
…
(2) The required notice shall contain the following:
…
(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 issue a citation
to Magistrate Court for property that has not been abandoned or is not vacant as
defined in this section. If the property is vacant or abandoned as defined herein, t The
county will may remedy the condition and assess against the record title owner of the
parcel of land all the costs thereof plus an administrative charge.
…
Section 83-14 of the Official Code of Cobb County, Georgia is amended to read as follows:
Section 83-14.-Removal by county.
If after 20 calendar days from the date of the notice no hearing has been requested, no
citation has been issued and the property has been determined to be vacant or abandoned and
the condition described in the notice has not been remedied, the code enforcement officer or
his/her designee shall may cause the condition to be remedied by the county at the expense of
the property owner. If a hearing has been held and has concluded adversely to the property

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owner, the code enforcement officer or his/her designee may cause the condition to be remedied
by the county at the expense of the property owner after 72 hours unless the board of zoning
appeals directs otherwise.

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2026 CODE AMENDMENTS
Official Code of Cobb County
Part I. – Chapter 86
Package I
Version I - distributed on September 4, 2026
Board of Commissioners Public Hearing Dates
October 13, 2026 – 9:00 a.m.
October 27, 2026 – 7:00 p.m.

Cobb County Community Development
P.O. Box 649
Marietta, GA 30061
www.cobbcounty.gov

Page 59 of 89

Chapter 86 – OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE I. – IN GENERAL
Section 86-2. of the Official Code of Cobb County, Georgia, is amended, to read as follows:
Section 86-2. – Disorderly conduct.
(a)

(b)
(c)
(d)
(e)
(f)
(g)
(h)

(i)

(j)

No person shall remain, loiter or prowl in a place, at a time, or in a manner not usual
for law abiding individuals under circumstances that warrant a justifiable and
reasonable alarm or immediate concern for the safety of persons or property in the
vicinity, after having been ordered to clear such place by the county police.
No person shall act in a violent or tumultuous manner toward another whereby any
other person is placed in fear of safety of his life, limb or health, or whereby the
property of another is placed in danger of being destroyed or damaged.
No person shall endanger the lawful pursuits of another by acts of violence, angry
threats or abusive conduct.
No person shall cause, provoke or engage in any fight, brawl or riotous conduct so as
to endanger the life, limb, health or property of another.
No person shall assemble or congregate with another or others for the purpose if
causing, provoking or engaging in any fight or brawl.
No person shall jostle, roughly crowd or push any person in any public place.
No person shall use “fighting words,” or loud and boisterous language, directed
towards another so as to create a breach of the peace potentially dangerous to the
safety of persons or property.
No person shall congregate with another or others, or cause others to congregate, in
or on any public way or place so as to halt to impede the flow of vehicular or
pedestrian traffic after having been directed to clear such public way or place when
ordered by the county police or where signs are place that prohibit such activity.
No person shall enter upon the land or premises of another, or in or upon any vehicle,
boat or aircraft owned by another, after having received notice from the owner, lawful
occupier, lessee, tenant or any agent thereof, that entry is forbidden. If requested by
the owner, lawful occupier, lessee, tenant or any agent thereof, of the land, premises,
vehicle, boat or aircraft, a police officer may give such notice. Upon request, any
occupier camping on private property must produce written approval of the owner,
lawful occupier, lessee or tenant pursuant to Section 86-12.
No person shall throw bottles, paper, cans, glass, sticks stones, missiles or any other
debris on public or private property.

The Official Code of Cobb County, Georgia, is amended by adding a section numbered 86-12, to
read as follows:
Sec. 86-12. - Prohibited use of private property by unauthorized persons.

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It shall be unlawful for anyone other than the owner of private property, a leaseholder of such
private property, or other rightful occupant of such private property to camp, sleep, reside,
store personal property, or lie upon any private property without the owner’s or leaseholder’s
written permission which must be maintained by the requestor for display to law enforcement
upon request. Any such use of private property authorized by and consented to by the owner,
leaseholder, or other rightful occupant of such private property shall be in conformity with the
provision of the Official Code of Cobb County, Georgia.
The Official Code of Cobb County, Georgia, is amended by adding a section numbered 86-13, to
read as follows:
Sec. 86-13. - Building fires and camping in public places prohibited.
No person shall camp, sleep, reside, store personal property, or build, maintain, or use a fire
other than in areas and in a manner specifically designed and designated for fire for camping
or cooking purposes, in any county owned streets, public squares, public parks, or upon any
other public property without written permission issued by the county which must be
maintained by the requestor for display to law enforcement upon request. A person seeking
such permission shall file an application with a public safety official designated by the county
manager on forms provided by such officer. Any such use of public property authorized by and
consented to by the county shall be in conformity with the provisions of the Code of Ordinances
of Cobb County, Georgia.
Secs. 86-124 – 86-25. – Reserved.
The Official Code of Cobb County, Georgia, is amended by adding a new article, Unlawful
Discrimination, to Chapter 86, Offenses and Miscellaneous Provisions, numbered Article V., Sec.
86-66 – 86-78, to read as follows:
ARTICLE V. - UNLAWFUL DISCRIMINATION
Sec. 86-66. - Purpose and intent.
It is the purpose and intent of the Cobb County to protect and safeguard the right and
opportunity of all persons to be free from all forms of discrimination, including discrimination
based on race, color, religion, national origin, sex, sexual orientation, gender, gender identity,
homeless status, disability, marital status, familial status, veteran/military status or as a result
of the person being 40 years of age or older. The board of commission’s purpose in enacting
this article is to promote the public health and welfare of all persons who live and work in Cobb
County. It is important for the county to ensure that all persons within the county have equal
access to employment, housing, and public accommodations.
Sec. 86-67. - Civil rights declared.

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The right of an otherwise qualified person to be free from discrimination because of that
person's actual or perceived race, color, religion, national origin, sex, sexual orientation, gender,
gender identity, homeless status, disability, marital status, familial status, veteran/military
status, or as a result of the person being 40 years of age or older is recognized as and declared
to be a civil right. This right shall include, but not be limited to, all of the following:
(1) The right to obtain and hold employment and the benefits associated therewith without
discrimination.
(2) The right to the full enjoyment of any of the accommodations, advantages, facilities, or
privileges of any place of public resort, accommodation, assemblage, or amusement without
discrimination.
(3) The right to be served or receive service at retail establishments without discrimination.
(4) The right to engage in property transactions, including obtaining housing for rental or sale
and credit therefor, without discrimination.
(5) The right to exercise any right granted under this article without suffering coercion or
retaliation.
Sec. 86-68. - Defini�ons.
For the purposes of this article, the following terms shall have the following meanings:
Business means any person or entity conducting business within the county, which is required
to obtain a license or permit.
Discriminate, discrimination or discriminatory means any act, policy or practice that,
intentionally subjects any person to differential negative treatment as a result of that person's
actual or perceived race, color, religion, national origin, sex, sexual orientation, gender, gender
identity, homeless status, disability, marital status, familial status, veteran/military status or as
a result of the person being 40 years of age or older.
Employee means any individual employed by or seeking employment from an employer,
excluding any individual employed by his or her parents, spouse, or child.
Employer means a person who employs one or more employees in the county, or any agent of
such person.
Gender identity means the actual or perceived gender-related identity, expression, appearance,
or mannerisms, or other gender-related characteristics of an individual, regardless of the
individual's designated sex at birth.
Initial conciliator means an individual appointed by the board of commissioners who is a
competent attorney at law in good standing with the state bar association with training and
experience in the area of constitutional law and employment discrimination. This person shall
serve at the pleasure of the board of commissioners.

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Marital status means an individual's past, current, or prospective status as single, married,
domestically partnered, in a civil union, divorced, or widowed.
National origin means an individual's, or an individual's ancestor's, place of origin.
Place of public resort, accommodation, assemblage, or amusement means any place, store, or
other establishment, either licensed or unlicensed, that supplies accommodations, goods, or
services to the general public, or that solicits or accepts the patronage or trade of the general
public, or that is supported directly or indirectly by government funds.
Religion means all aspects of religious belief, observance, and practice.
Religious organization means an entity which conducts regular worship services or is qualified
as a religious organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as
now or hereafter amended, that is not required to file IRS Form 990, return of Organization
Exempt from Income Tax, under any circumstances.
Respondent means the person or business alleged to have violated this article.
Sexual orientation means homosexuality, heterosexuality, or bisexuality.
Veteran/military status means an individual's status as one who serves or served in the
uniformed services, military, naval or air service, and who was discharged or released under
conditions other than dishonorable.
Sec. 86-69. - Discrimina�on prohibited.
No person, business or entity shall, within a place of public resort, accommodation, assemblage
or amusement, discriminate or engage in discrimination or discriminatory activities.
Sec. 86-70. - Interference with declared civil rights prohibited.
No person, business or entity shall intentionally engage in any act, policy or practice that
negatively interferes with any of the civil rights declared in section 86-67 of this article.
Sec. 86-71. - Penalty.
Upon conviction, violators of this article shall be subject to a maximum fine of $1,000.00.
Sec. 86-72. - Excep�ons.
Notwithstanding the foregoing, the following are not discriminatory practices prohibited by this
article:

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(1) A religious organization that engages an individual to perform work connected with the
performance of religious activities.
(2) Public or private schools operating within all applicable provisions of the Federal Civil Rights
Act and the Americans with Disabilities Act, and acting pursuant to their established charters,
rules, policies, guidelines or religious tenets, to the extent such acts are protected by the United
States Constitution or any other federal law.
(3) An employer or business that observes the conditions of a bona fide affirmative action plan
or a bona fide seniority system which is not a pretext to evade the purposes of this article.
(4) An employer or business that refuses to hire personnel that in its sole but reasonable
discretion it deems to be unqualified for the position.
(5) An employer or business requiring an employee, during the employee's hours at work, to
adhere to dress or grooming standards, deemed appropriate by the employer in its sole but
reasonable discretion.
(6) A private club or other enterprise not open to the public, limiting the services or amenities
that it provides to its members or from giving preference to its members.
Sec. 86-73. - Exemp�ons.
Nothing in this article shall:
(1) Require any individual, business, club, institution, or membership organization to take
action in violation of the associational rights granted by the Constitutions of the United States
and the State of Georgia.
(2) Be construed to prevent children's clubs, institutions or membership organizations from
restricting non-commercial accommodations, advantages, facilities, membership, and
privileges to persons of the same sex, if such sex restriction is fundamental to the nature or
purpose of the club, institution, or membership organization.
(3) Be construed to prohibit treating disabled persons more favorably than non-disabled
persons or to prohibit treating senior citizens more favorably than non-senior citizens.
(4) Be construed to prohibit offering discounts, special prices, or other special arrangements
to children or families.
(5) Be construed to prohibit imposing age limits up to 21.
(6) Prohibit a religious organization from limiting its non-commercial accommodations,
advantages, facilities, membership, and privileges to persons of the same religion.
Sec. 86-74. - Physical changes to property.
This article shall not require anyone to make physical changes to any property that would not
otherwise be legally required to be made.
Sec. 86-75. - Enforcement.
Prior to formal prosecution and subject to procedures developed by Cobb County and initial
conciliator, the county shall receive and review, and seek to conciliate, if necessary, complaints
alleging violations of this article.

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(1) Any person aggrieved by a potential violation of this article may file a complaint with the
county clerk on a form to be provided by the county. Any such complaint must be filed within
90 calendar days after the alleged act of discrimination. A filing fee of $50.00 shall be paid by
the complainant at the time of filing. This fee may be waived by a showing of indigency
according to the guidelines for indigency established by the initial conciliator.
(2) The county clerk shall cause a copy of the complaint to be forwarded to the initial conciliator
and the respondent within three business days of receipt of properly filed complaint, via hand
delivery or electronic mail. The respondent shall have ten business days to file an answer with
the county clerk, if desired. The initial conciliator shall be a competent attorney at law of good
standing in his/her profession and have experience in the area of constitutional law and
employment discrimination.
(3) The initial conciliator shall review the complaint and answer, if any, to determine if the
complaint is in conformity with the requirements of this article or demonstrates facts sufficient
to invoke jurisdiction as set forth in this article. Should the initial conciliator determine that the
complaint does not meet the requirements of this article, or is facially frivolous, or is based
upon facts insufficient to invoke the jurisdiction as set forth in this article, he/she may dismiss
the complaint, however the reasons for dismissal must be specified in a written report from the
initial conciliator.
(4) Upon determination that the complaint should not be dismissed, the initial conciliator shall
promptly attempt to negotiate a conciliatory resolution of the complaint and shall schedule a
conference attempting to reconcile the dispute. The complaining party and respondent shall be
given written notice of the location, time and date of the conference at least 15 days in advance
of the scheduled time. The initial conciliator shall have the discretion to reschedule the
conference once upon the request of either party. Any conference hereunder shall be
conducted in accordance with the procedures to be established by Cobb County and the initial
conciliator.
(5) The case shall be dismissed should the complainant not attend or refuse to participate in
the conference.
(6) If the matter is settled during the conference, within three business days of the date of the
conference, the initial conciliator shall draft and send to the complainant and the respondent
via email, a written settlement agreement setting forth all agreed upon terms.
(6) If, within ten business days of the conclusion of conference, the complaining party notifies
the initial conciliator in writing that he or she is dissatisfied with the results, or if the respondent
does not participate in the conference, the initial conciliator shall refer the matter to the
magistrate court to go through the standard process for prosecuting alleged ordinance
violations.
Sec. 86-76. - Other remedies.
This article may not be construed to limit any other remedies available under local, state, or
federal law.
Sec. 86-77. - No private claim created.

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This article does not create a private right of action.
Sec. 86-78. - Severability.
If any portion of this article is held to be invalid by a court, it is the intention of the board of
commissioners that the remainder of this article shall remain in full force and effect.

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2026
CODE AMENDMENTS
Official Code of Cobb County
Part I. – Chapter 106
Package I
Version I - distributed on September 4, 2026
Board of Commissioners Public Hearing Dates
October 13, 2026 – 9:00 a.m.
October 27, 2026 – 6:00 p.m.

Cobb County Community Development
P.O. Box 649
Marietta, GA 30061
www.cobbcounty.gov

Page 67 of 89

Chapter 106 – STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES
ARTICLE II. – STREET LIGHTING
Section 106-50 of the Official Code of Cobb County, Georgia, is amended, to read as follows:
Section 106-50. – Responsibility for Costs.
(a) For purposes of subsections (b) and (c) of this section, the term "lot" is hereby defined as a
lot or parcel of land which is developed and served by a utility provider which will bill and
collect for the street light service on behalf of the county.
(b) The cost of providing and maintaining street light service in existing street light districts and
in street light districts hereafter created shall be borne by the lot residents or owners within
the street light districts who are billed for utility services provided to the lots by utility
providers who, by agreement with the county, will bill for street light service. The charge
therefore shall be determined by the department, approved by the board, reviewed in
accordance with the schedule set forth in adopted policies and procedures, and made
available upon request. In the event the county is billed by the power company for repairs,
the county may prorate those repair bills and add a pro rata share of those bills to the
charge.
(c) In those districts in existence as of the date of adoption of the original ordinance from which
this article is derived (February 27, 1979), or which may hereafter be created, in which there
are costs related to initial construction and installation of poles, fixtures, wiring, etc., and
such costs are paid by the county to the power or utility company or other entity, shall be
reimbursed by the lot residents or owners within the street light district. Reimbursement
shall be made through the assessment of a monthly installation surcharge determined by
the department, approved by the board, reviewed in accordance with any schedule set forth
in adopted policies and procedures, and made available to anyone upon request.
(d) Additionally, notwithstanding any provisions to the contrary, when a street light district is
created within a CID, the cost of providing and maintaining the street light service in the
street light district shall be determined by agreement between the CID and the county. The
charge(s) associated with the lighting shall be determined by the department and approved
by the board and shall be made available upon request. In the event the county is billed by
the power company for repairs, the county may recoup those costs by adding those costs to
the charge(s).
(e) A single lot can be part of multiple street light districts that serve different lighting purposes
such as interstate, arterial, CID, or legacy street light districts. A lot can be charged for
multiple district types but not more than once per month for the same type. Also, a lot
cannot be charged both a CID lighting fee and a legacy street light district fee
simultaneously.
ARTICLE V. – PEDESTRIAN LIGHTING DISTRICTS
Section 106-168 of the Official Code of Cobb County, Georgia, is amended, to read as follows:

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Section 106-168. – Installation and operation standards adopted; exceptions.
In order to ensure adequate illumination of public rights-of-way and to promote safety and
security, the American National Standard Practice for Roadway Lighting of the Illuminating
Engineering Society, as approved by the American National Standards Institute (1983), as from
time to time amended, is hereby adopted as the standard for the installation and operation of
lighting in the unincorporated areas of the county, with the following exceptions:
(1) The minimum average horizontal illumination level in Lux shall be ten for lighting fixtures
installed
within the public rights-of-way to be operated for the purpose of sidewalk, trail and
pathway illumination. The uniformity of illumination shall be such that the point of lowest
illumination shall have at least one-third of the average horizontal Lux required
illumination level.
(2) All fixtures used for the illumination of sidewalks, trails, and pathways shall have a
minimum mounting height of 15 feet, with the exception of shorter fixtures by design,
such as bollards. Fixtures shall meet utility grade standards.
(3) Any party requesting permission to install or operate lighting fixtures within public rightsof-way shall furnish plans and specifications to the director for approval showing how the
proposed lighting meets the standards, and no lighting shall be installed or operated
without this approval. Should the director disapprove the request to install or operate
lighting fixtures within any public right-of-way, he shall communicate the disapproval in
writing to the party requesting approval. The written communication shall include the
specific reasons for disapproval. Any disapproval of a light or lighting system by the
director may be appealed to the board. If any party desires to appeal an adverse decision
by the director, a notice of appeal shall be filed with the director within 30 days from the
date following the written notice of disapproval. It shall be the responsibility of the
Director to transmit forthwith to the board all papers and associated documents
constituting the record upon which the action appealed from was taken, and to ensure
that the appeal is promptly placed upon the agenda of the board for its determination.
The board may reverse or affirm, wholly or partly, or may modify, the order, requirement,
decision or determination appealed from.

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2026 CODE AMENDMENTS
Official Code of Cobb County
Part I. – Chapter 118
Package I
Version I - distributed on September 4, 2026
Board of Commissioners Public Hearing Dates
October 13, 2026 – 9:00 a.m.
October 27, 2026 – 6:00 p.m.

Cobb County Community Development
P.O. Box 649
Marietta, GA 30061
www.cobbcounty.gov

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Chapter 118 – TRAFFIC AND VEHICLES
ARTICLE IV – STOPPING, STANDING AND PARKING
DIVISION 1. - GENERALLY
Sec. 118-145 of the Official Code of Cobb County, Georgia, is amended to read as follows:
Sec. 118-145. - Parking prohibited on narrow streets.
(a) The traffic engineer is hereby authorized to erect, upon approval of the board of
commissioners, signs indicating no parking upon any street when the width of the roadway
does not exceed 20 feet, or upon one or both sides of a street as indicated by such signs
when the width of the roadway does not exceed 30 feet.
(b) When official signs prohibiting parking are erected upon narrow streets as authorized in this
section, no person shall park a vehicle upon any such street in violation of any such sign.

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2026 CODE AMENDMENTS
Official Code of Cobb County
Part I. – Chapter 134
Package I
Version I - distributed on September 4, 2026

Planning Commission Public Hearing Date
October 6, 2026 – 9:00 a.m.
Board of Commissioners Public Hearing Dates
October 13, 2026 – 9:00 a.m.
October 27, 2026– 7:00 p.m.

Cobb County Community Development
P.O. Box 649
Marietta, GA 30061
www.cobbcounty.gov

Page 72 of 89

Chapter 134 – ZONING
ARTICLE I. – IN GENERAL
Section 134-1 of the Official Code of Cobb County, Georgia, is amended to read as follows:
Sec. 134-1. – Definitions.
…
Accessory dwelling unit (ADU) means an independent residential dwelling unit subordinate to the
principal single-family dwelling unit on the same lot. An accessory dwelling unit may be either
attached to or detached from the principal single-family dwelling unit.
…
Data center means a facility containing one or more large scale computer systems used for data
storage and processing for off-site users. Typical supporting equipment includes back-up
batteries and power generators, cooling units, and enhanced security features. This definition
shall apply to facilities exceeding 30,000 gross square feet and/or consuming more than three
mega-watts of power.
…
Family means two or more persons related by blood, legal adoption or guardianship, or marriage,
occupying a dwelling. Related means persons are all related to each other within the fourth
degree, as defined in O.C.G.A. § 53-2-1, which includes parents, children, grandparents,
grandchildren, brothers and sisters. State of Georgia authorized foster children of a family
member shall also be deemed a member of the family for this purpose. A child or children and
any parent(s) and/or guardian(s) of that child or children shall also be considered a family.
…
Single-family dwelling unit. A single-family dwelling unit consists of one or more rooms which
are arranged, designed or used as living quarters for one family including up to one three
unrelated adult adults, or two four or fewer unrelated adults and their children and/or
grandchildren.
(1) A single-family dwelling unit shall have an interior bathroom and complete kitchen
facilities, permanently installed. All rooms in a dwelling unit shall be accessed through
the common front door.
(2) A single-family dwelling unit shall have at least 390 square feet of living building square
footage (as determined and maintained in the records of the Cobb County Tax Assessor)
per each adult occupant.

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(3) No more than one vehicle per 390 square feet of living building square footage may be
parked regularly overnight on the property upon which the single-family dwelling unit
exists. Of the total number of vehicles allowed per 390 square feet of living building
square footage, there shall be a maximum of four five or less (of the total) parked
outside of a garage, carport or the like for properties zoned PRD, OSC, RA-5, R-15, R-20,
and R-30. Of the total number of vehicles allowed per 390 square feet of living building
square footage, there shall be a maximum of five or less (of the total) parked outside of
a garage, carport or the like for properties zoned R-40, R-80, and RR. Other zoning
districts used for single family dwelling units shall have no more than four five vehicles
parked outside. This includes vehicles parked within the right-of-way adjacent to a
dwelling unit. "Regularly" means a majority of days in any seven-day period.
ARTICLE II. – ADMINISTRATION AND ENFORCEMENT
DIVISION 1. – GENERALLY
Section 134-37 of the Official Code of Cobb County, Georgia, is amended to read as follows:
Sec. 134-37. –Special land use permits.
…
(34) Purpose built student housing
a. Sites shall be located in areas under the regional activity center (RAC) future land
use designation.
b. Sites are required to have principal access from an arterial, commercial local road,
or major collector roadway, as identified on the Cobb County Roadway Functional
Classification Plan.
c. Density shall be calculated using equivalent apartment units rather than the actual
number of units. There shall be 0.5 equivalent apartment units per bedroom. The
density of purpose-built student housing shall be calculated based on the number
of bedrooms in the purpose-built student housing development, with two
bedrooms equal to one dwelling unit. No portion of floodplain, wetland area, or
impervious community area (such as pools, clubhouses, tennis courts, and parking
facilities) may be used in calculating density. Maximum density is 60 units per acre.
d. Sites shall be designed to accommodate on-site parking for at least one vehicle for
each unit, based on the equivalency calculation listed above in item (c). Parking
may be reduced to 0.75 paved parking spaces per unit if the project is located with
a tenth of a mile from a public transit stop, has direct bus service to the college or
university, or is located within one-quarter mile of the college or university
campus. Additional parking shall be provided for visitors. Accommodation for
rideshare pick up/drop off shall also be provided. Off-street parking and loading
facilities shall be provided in accordance with a ratio of one parking space per two
bedrooms, and the following:

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i.

The amount of required parking shall be reduced by 25 percent if the project
is located within a tenth of a mile from a public transit stop, has direct bus
service to the college or university, or is located within one-quarter mile of the
college or university.
ii. Accommodations for rideshare and delivery pick up and drop off shall be
provided.
e. Traffic impact study required per section 134-121(a)(8). Traffic counts shall be
within the last three years and performed while school is in session.
f. Sites shall be designed with lighting that does not spill over into abutting
properties and is the minimum to provide security for residents of multi-family
housing developments.
g. Buildings and sites shall be designed to minimize the transfer of noise by the use
of noise absorbing/blocking material such as rough surface building facades, site
fencing and vegetation.
h. Minimum tract size is four acres.
i. Maximum building height is 55 feet. When adjacent to single-family residential
zoning districts, maximum building height is 35 feet.
j. Maximum impervious surface coverage: 70 percent. For zoning districts in which
the maximum coverage is less than 70 percent, the maximum per the zoning
district shall prevail.
k. No portion of floodplain, wetland area, or impervious community area (pools,
clubhouses, tennis courts and parking facilities) may be used in calculating density.
k. To enhance building/site security, applicants shall coordinate with local law
enforcement Cobb County Police to develop a security plan in accordance with the
standards of crime prevention through environmental design (CPTED). Security
plan shall be reviewed and updated annually with Cobb County Police.
Documentation of the annual review shall be submitted to the business license
division upon application for renewal of the occupation tax certificate. Cobb
County Police shall be provided with access to all gates and secured entrances.
Security cameras shall be registered/viewable with Cobb County Police.
l. A 30-foot landscaped buffer shall be provided on any exterior property line that
abuts existing single-family residential uses. The buffer shall be natural, but may
need to be enhanced with additional landscaping to provide sufficient screening
between the new development and the existing neighborhood. Privacy fencing
shall be required on a case-by-case basis.

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(35)

(36)

m. When abutting residential uses, structures associated with the use shall be located
a minimum of 50 feet from the property line. When abutting commercial uses,
structures associated with the use shall be located a minimum of 35 feet from the
property line.
n. Floodplain and wetlands preservation requirements. Any development must meet
all county, state and federal requirements relating to floodplains and wetlands.
The board of commissioners encourages preservation of wetland areas.
o. On-site management shall be required, 24 hours per day, seven days per week.
provided at all times.
p. A transportation and shuttle agreement shall be coordinated with Kennesaw State
University (if amenable) and shall be filed with Cobb County Community
Development prior to land development permit issuance.
Accessory dwelling units (ADU).
a. ADU shall not exceed 50% of the gross square footage of the primary single-family
dwelling unit or 850 square feet.
b. ADU shall be no more than one-story in height, not to exceed the height of the
primary single-family dwelling unit.
c. A minimum of one off-street parking spot shall be provided for the ADU.
d. ADU shall be connected to the utilities meters of the primary structure.
e. ADU shall be located only in the rear yard, and shall adhere to the side and rear
yard setback of the primary structure.
f. Maximum impervious surface coverage for the lot shall not exceed the zoning
district limitation.
g. ADU must adhere to all other standards for accessory structures in the zoning
district.
h. There shall be no more than one ADU per single-family lot.
i. ADU shall not be utilized as a short-term rental property.
j. The owner(s) of the property shall reside in either the primary single familydwelling unit or the ADU.
k. Property owner(s) shall sign an affidavit stating that the ADU is not in conflict with
any applicable covenants, conditions, deed restrictions, or bylaws.
Data center

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a. All power used by a data center must be generated offsite, unless provided by
emergency power generators and other emergency power supply equipment that
may only be used if electricity service from the offsite source is interrupted.
b. Emergency power generators and other emergency power supply equipment may
only be activated for testing purposes, weekdays between 10 am and 4 pm.
c. Building design. All buildings on the site shall be limited in their exterior color or
finish to earth tones, such as beiges, tans, greens, browns, and similar on all
exterior elevations. The exterior façade of the building to be approved by the
Board of Commissioners.
d. The maximum Floor Area Ratio (FAR) shall be 0.75.
e. The minimum lot size for this use is 5 acres, and the maximum lot size for this use
is 30 acres.
f. Height regulations. Buildings shall not exceed a height of 50 feet, measured from
structure pad level. Height limitations shall apply to accessory structures such as
water towers, conveyer belts, HVAC equipment, generators and other incidental
and uninhabited parts of the structure. Height of all structure to be approved by
the Board of Commissioners as part of a Special Land Use Permit approval.
g. Minimum building setbacks for any property line adjacent to residential
properties, schools, daycares, churches or parks shall be three hundred (300) feet
for principal data center buildings. Otherwise, fifty (50) feet minimum from all
property lines adjacent to nonresidential properties. The stated setbacks will also
apply to any equipment for cooling, ventilating, or otherwise operating the facility,
including any power generator or other power supply equipment.
h. Parking. The applicant shall set aside land area to accommodate 1 space per 2,000
square feet of gross floor area (GFA). However, the actual number of parking
spaces constructed shall be determined based on the submittal of a parking
analysis by the applicant to be reviewed and approved by the Community
Development Director.
i. Noise generated by any equipment, operations, or activities associated with a data
center, including but not limited to cooling systems and emergency backup
generators, shall not exceed 65 dB(A) during daytime hours ( 7: 00 a.m.- 11: 00
p.m.) or 55 dB(A) during nighttime hours( 11: 00 p.m.7:00 a.m.), as measured at
the property line where the site adjoins residentially used and/or zoned property.
j. Buffers. Where adjacent to a property zoned for residential use, church use,
school or daycare use or park, a minimum 200-foot-wide natural buffer shall be
required to be approved by the Board of Commissioners. There shall be a 100buffer adjacent to all other uses. Detention ponds are not permitted in the buffer
area. Any utilities crossing the buffer must do so at a 90-degree angle.
k. Site lighting. All exterior site and building lighting shall utilize full cutoff, fully
shielded (zero up light) fixtures designed to maintain the existing night sky
darkness and to prevent light trespass onto adjacent properties and streets. Light
fixtures shall be located at least four (4) times the mounting height of the fixture
away from adjacent property lines. The mounting height of all site lighting shall
not exceed twenty (20) feet above finished grade. At any property line abutting a

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residential use, the lighting shall not exceed 0.05 footcandles measured at ground
level.
l. Fencing. Fencing of the property is required to enclose the data center facility. If
the fencing is located along the property line, it shall be decorative metal and a
minimum of eight (8) feet in height. Anti-climb features including but not limited
to barbed, concertina, razor, or similar uses shall be prohibited. If the fencing is
located within the buffer and not visible from adjacent properties or roadways, it
may be constructed of vinyl-coated chain-link and may include anti-climb features.
m. A decommissioning bond approved by the County Attorney shall be required prior
to the issuance of a certificate of occupancy for all data centers in an amount to
return the site back to its predevelopment condition as determined by an
independent, third-party professional engineer licensed in the state of Georgia.
n. Water infrastructure:
i. The developer shall complete an analysis by a certified design professional
to be furnished and approved by the Cobb County Water System indicating
the peak water demand and the adequacy of the water supply for the
project.
ii. Cobb County Water System shall confirm wastewater treatment and
collection system capacity.
iii. All data centers shall use a closed loop cooling system, with no cooling
water discharged into the county wastewater system, except for routine
maintenance.
iv. Data centers shall pay 100% cost of any infrastructure improvements
needed to serve the facility.
v. Facilities may be subject to Industrial Pretreatment standards and
permitting as defined in Chapter 122, Article II of the Cobb County Code of
Ordinances. This requirement to be determined by the Cobb County Water
System prior to issuance of a land disturbance permit.
…
ARTICLE IV. – DISTRICT REGULATIONS
Section 134-192 of the Official Code of Cobb County, Georgia, is amended to read as follows:
Sec. 134-192. – Summary of uses.
…
Type of OHR
use
Data
Center

OS

NS

PSC

TS

GC

RRC

IF

LI

HI

SLUP

SLUP
…

Section 134-193 of the Official Code of Cobb County, Georgia, is amended to read as follows:

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Sec. 134-193. – R-80 single-family residential district.
…
(12)
Accessory buildings, structures, uses and decks.
a. Size and setback limitations: Any accessory building, structure, use and deck up to
144 total gross square feet must be located at least five feet off the property line
and limited to 15 feet in height subject to the development conditions list below
(except for 15-foot height restriction). Any accessory building, structure, use and
deck over 144 total gross square feet and up to 650 total gross square feet shall
be limited to the building setbacks of the lot it is located on and is subject to the
development conditions below. Any accessory building, structure, use and deck
over 650 total gross square feet must be at least 100 feet from any property line
and is subject to the development conditions below.
b. Accessory buildings, structures, uses and decks shall be subject to the following
development conditions:
1. Maximum height is two stories or 35 feet.
2. Buildings or structures shall have the meaning as defined in section 134-1.
Accessory structures and uses shall also include Jacuzzis, tennis courts,
basketball courts, swimming pools (private), playhouses and playgrounds.
When calculating square footage for ground level uses such as tennis
courts, basketball courts and above ground swimming pools and the like,
the footprint shall be used in calculating total gross square feet.
3. All accessory buildings, structures, uses and decks shall be located to the
rear of the principal building, except for heating and air conditioning units
or garbage pads, which may be located on the side of the primary structure
and located within two feet of the primary structure.
4. The rear of the primary structure shall be where the main portion of the
building ends without consideration of wings.
5. Architectural style and design are to be approved by the division manager
of zoning or his designee, and are to be complimentary to the primary
structure.
6. Such structures or buildings shall be located on the same lot as and to the
rear of the primary structure to which they are accessory. Uncovered decks
that are attached to the primary structure may be located to the rear or
side of the principal building. Covered decks, covered patios, and covered
steps shall adhere to the building setbacks of the primary structure.
7. No accessory building, structure, use or deck shall be constructed upon a
lot until construction of the principal building has commenced.
8. On a corner lot, no accessory building, structure, use or deck shall be
located closer to the side street right-of-way line than the principal
building.
9. If the garage, accessory building, structure, use or deck is attached to the
primary structure by a breezeway it shall be located up to a maximum of
25 feet from the primary structure to which it is attached. The breezeway
may be enclosed or open.

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10. When an accessory building is intended to be habitable it shall be attached
to the principal structure by a fully enclosed heated/cooled hallway and it
shall comply with the yard requirements of the principal building to which
it is accessory. The accessory building, structure or use shall be located up
to a maximum of 25 feet from the primary structure to which it is attached.
10. All accessory buildings, structures and uses in excess of 650 gross square
feet shall be required to submit for plan review through the community
development department or receive approval from the director of the
community development department or zoning division manager, or their
designees.
11. The primary structure in a residential district shall be the principal house
on the lot.
…
Section 134-194 of the Official Code of Cobb County, Georgia, is amended to read as follows:
Sec. 134-194. – RR rural residential district.
…
(13)
Accessory buildings, structures, uses and decks.
a. Size and setback limitations: Any accessory building, structure, use and deck up to
144 total gross square feet must be located at least five feet off the property line
and limited to 15 feet in height subject to the development conditions list below
(except for 15-foot height restriction). Any accessory building, structure, use and
deck over 144 total gross square feet and up to 650 total gross square feet shall
be limited to the building setbacks of the lot it is located on and is subject to the
development conditions below. Any accessory building, structure, use and deck
over 650 total gross square feet must be at least 100 feet from any property line
and is subject to the development conditions below.
b. Accessory buildings, structures, uses and decks shall be subject to the following
development conditions:
1. Maximum height is two stories or 35 feet.
2. Buildings or structures shall have the meaning as defined in section 134-1.
Accessory structures and uses shall also include Jacuzzis, tennis courts,
basketball courts, swimming pools (private), playhouses and playgrounds.
When calculating square footage for ground level uses such as tennis
courts, basketball courts and above ground swimming pools and the like,
the footprint shall be used in calculating total gross square feet.
3. All accessory buildings, structures, uses and decks shall be located to the
rear of the principal building, except for heating and air conditioning units
or garbage pads, which may be located on the side of the primary structure
and located within two feet of the primary structure.
4. The rear of the primary structure shall be where the main portion of the
building ends without consideration of wings.

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5. Architectural style and design are to be approved by the division manager
of zoning or his designee, and are to be complimentary to the primary
structure.
6. Such structures or buildings shall be located on the same lot as and to the
rear of the primary structure to which they are accessory. Uncovered decks
that are attached to the primary structure may be located to the rear or
side of the principal building. Covered decks, covered patios, and covered
steps shall adhere to the building setbacks of the primary structure.
7. No accessory building, structure, use or deck shall be constructed upon a
lot until construction of the principal building has commenced.
8. On a corner lot, no accessory building, structure, use or deck shall be
located closer to the side street right-of-way line than the principal
building.
9. If the garage, accessory building, structure, use or deck is attached to the
primary structure by a breezeway it shall be located up to a maximum of
25 feet from the primary structure to which it is attached. The breezeway
may be enclosed or open.
10. When an accessory building is intended to be habitable it shall be attached
to the principal structure by a fully enclosed heated/cooled hallway and it
shall comply with the yard requirements of the principal building to which
it is accessory. The accessory building, structure or use shall be located up
to a maximum of 25 feet from the primary structure to which it is attached.
10. All accessory buildings, structures and uses in excess of 650 gross square
feet shall be required to submit for plan review through the community
development department or receive approval from the director of the
community development department or zoning division manager, or their
designees.
11. The primary structure in a residential district shall be the principal house
on the lot.
…
Section 134-195 of the Official Code of Cobb County, Georgia, is amended to read as follows:
Sec. 134-195. – R-40 single-family residential district.
…
(12)
Accessory buildings, structures, uses and decks.
a. Size and setback limitations: Any accessory building, structure, use and deck up to
144 total gross square feet must be located at least five feet off the property line
and limited to 15 feet in height subject to the development conditions list below
(except for 15-foot height restriction). Any accessory building, structure, use and
deck over 144 total gross square feet and up to 650 total gross square feet shall
be limited to the building setbacks of the lot it is located on and is subject to the
development conditions below. Any accessory building, structure, use and deck
over 650 total gross square feet must be at least 100 feet from any property line
and is subject to the development conditions below.

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b. Accessory buildings, structures, uses and decks shall be subject to the following
development conditions:
1. Maximum height is two stories or 35 feet.
2. Buildings or structures shall have the meaning as defined in section 134-1.
Accessory structures and uses shall also include Jacuzzis, tennis courts,
basketball courts, swimming pools (private), playhouses and playgrounds.
When calculating square footage for ground level uses such as tennis
courts, basketball courts and above ground swimming pools and the like,
the footprint shall be used in calculating total gross square feet.
3. All accessory buildings, structures, uses and decks shall be located to the
rear of the principal building, except for heating and air conditioning units
or garbage pads, which may be located on the side of the primary structure
and located within two feet of the primary structure.
4. The rear of the primary structure shall be where the main portion of the
building ends without consideration of wings.
5. Architectural style and design are to be approved by the division manager
of zoning or his designee, and are to be complimentary to the primary
structure.
6. Such structures or buildings shall be located on the same lot as and to the
rear of the primary structure to which they are accessory. Uncovered decks
that are attached to the primary structure may be located to the rear or
side of the principal building. Covered decks, covered patios, and covered
steps shall adhere to the building setbacks of the primary structure.
7. No accessory building, structure, use or deck shall be constructed upon a
lot until construction of the principal building has commenced.
8. On a corner lot, no accessory building, structure, use or deck shall be
located closer to the side street right-of-way line than the principal
building.
9. If the garage, accessory building, structure, use or deck is attached to the
primary structure by a breezeway it shall be located up to a maximum of
25 feet from the primary structure to which it is attached. The breezeway
may be enclosed or open.
10. When an accessory building is intended to be habitable it shall be attached
to the principal structure by a fully enclosed heated/cooled hallway and it
shall comply with the yard requirements of the principal building to which
it is accessory. The accessory building, structure or use shall be located up
to a maximum of 25 feet from the primary structure to which it is attached.
10. All accessory buildings, structures and uses in excess of 650 gross square
feet shall be required to submit for plan review through the community
development department or receive approval from the director of the
community development department or zoning division manager, or their
designees.
11. The primary structure in a residential district shall be the principal house
on the lot.

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…
Section 134-196 of the Official Code of Cobb County, Georgia, is amended to read as follows:
Sec. 134-196. – R-30 single-family residential district.
…
(12)
Accessory buildings, structures, uses and decks.
a. Size and setback limitations: Any accessory building, structure, use and deck up to
144 total gross square feet must be located at least five feet off the property line
and limited to 15 feet in height subject to the development conditions list below
(except for 15-foot height restriction). Any accessory building, structure, use and
deck over 144 total gross square feet and up to 650 total gross square feet shall
be limited to the building setbacks of the lot it is located on and is subject to the
development conditions below. Any accessory building, structure, use and deck
over 650 total gross square feet must be at least 100 feet from any property line
and is subject to the development conditions below.
b. Accessory buildings, structures, uses and decks shall be subject to the following
development conditions:
1. Maximum height is two stories or 35 feet.
2. Buildings or structures shall have the meaning as defined in section 134-1.
Accessory structures and uses shall also include Jacuzzis, tennis courts,
basketball courts, swimming pools (private), playhouses and playgrounds.
When calculating square footage for ground level uses such as tennis
courts, basketball courts and above ground swimming pools and the like,
the footprint shall be used in calculating total gross square feet.
3. All accessory buildings, structures, uses and decks shall be located to the
rear of the principal building, except for heating and air conditioning units
or garbage pads, which may be located on the side of the primary structure
and located within two feet of the primary structure.
4. The rear of the primary structure shall be where the main portion of the
building ends without consideration of wings.
5. Architectural style and design are to be approved by the division manager
of zoning or his designee, and are to be complimentary to the primary
structure.
6. Such structures or buildings shall be located on the same lot as and to the
rear of the primary structure to which they are accessory. Uncovered decks
that are attached to the primary structure may be located to the rear or
side of the principal building. Covered decks, covered patios, and covered
steps shall adhere to the building setbacks of the primary structure.
7. No accessory building, structure, use or deck shall be constructed upon a
lot until construction of the principal building has commenced.
8. On a corner lot, no accessory building, structure, use or deck shall be
located closer to the side street right-of-way line than the principal
building.

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9. If the garage, accessory building, structure, use or deck is attached to the
primary structure by a breezeway it shall be located up to a maximum of
25 feet from the primary structure to which it is attached. The breezeway
may be enclosed or open.
10. When an accessory building is intended to be habitable it shall be attached
to the principal structure by a fully enclosed heated/cooled hallway and it
shall comply with the yard requirements of the principal building to which
it is accessory. The accessory building, structure or use shall be located up
to a maximum of 25 feet from the primary structure to which it is attached.
10. All accessory buildings, structures and uses in excess of 650 gross square
feet shall be required to submit for plan review through the community
development department or receive approval from the director of the
community development department or zoning division manager, or their
designees.
11. The primary structure in a residential district shall be the principal house
on the lot.
…
Section 134-197 of the Official Code of Cobb County, Georgia, is amended to read as follows:
Sec. 134-197. – R-20 single-family residential district.
…
(12)
Accessory buildings, structures, uses and decks.
a. Size and setback limitations: Any accessory building, structure, use and deck up to
144 total gross square feet must be located at least five feet off the property line
and limited to 15 feet in height subject to the development conditions list below
(except for 15-foot height restriction). Any accessory building, structure, use and
deck over 144 total gross square feet and up to 650 total gross square feet shall
be limited to the building setbacks of the lot it is located on and is subject to the
development conditions below. Any accessory building, structure, use and deck
over 650 total gross square feet must be at least 100 feet from any property line
and is subject to the development conditions below.
b. Accessory buildings, structures, uses and decks shall be subject to the following
development conditions:
1. Maximum height is two stories or 35 feet.
2. Buildings or structures shall have the meaning as defined in section 134-1.
Accessory structures and uses shall also include Jacuzzis, tennis courts,
basketball courts, swimming pools (private), playhouses and playgrounds.
When calculating square footage for ground level uses such as tennis
courts, basketball courts and above ground swimming pools and the like,
the footprint shall be used in calculating total gross square feet.
3. All accessory buildings, structures, uses and decks shall be located to the
rear of the principal building, except for heating and air conditioning units
or garbage pads, which may be located on the side of the primary structure
and located within two feet of the primary structure.

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4. The rear of the primary structure shall be where the main portion of the
building ends without consideration of wings.
5. Architectural style and design are to be approved by the division manager
of zoning or his designee, and are to be complimentary to the primary
structure.
6. Such structures or buildings shall be located on the same lot as and to the
rear of the primary structure to which they are accessory. Uncovered decks
that are attached to the primary structure may be located to the rear or
side of the principal building. Covered decks, covered patios, and covered
steps shall adhere to the building setbacks of the primary structure.
7. No accessory building, structure, use or deck shall be constructed upon a
lot until construction of the principal building has commenced.
8. On a corner lot, no accessory building, structure, use or deck shall be
located closer to the side street right-of-way line than the principal
building.
9. If the garage, accessory building, structure, use or deck is attached to the
primary structure by a breezeway it shall be located up to a maximum of
25 feet from the primary structure to which it is attached. The breezeway
may be enclosed or open.
10. When an accessory building is intended to be habitable it shall be attached
to the principal structure by a fully enclosed heated/cooled hallway and it
shall comply with the yard requirements of the principal building to which
it is accessory. The accessory building, structure or use shall be located up
to a maximum of 25 feet from the primary structure to which it is attached.
10. All accessory buildings, structures and uses in excess of 650 gross square
feet shall be required to submit for plan review through the community
development department or receive approval from the director of the
community development department or zoning division manager, or their
designees.
11. The primary structure in a residential district shall be the principal house
on the lot.
…
Section 134-198 of the Official Code of Cobb County, Georgia, is amended to read as follows:
Sec. 134-198. – R-15 single-family residential district.
…
(12)
Accessory buildings, structures, uses and decks.
a. Size and setback limitations: Any accessory building, structure, use and deck up to
144 total gross square feet must be located at least five feet off the property line
and limited to 15 feet in height subject to the development conditions list below
(except for 15-foot height restriction). Any accessory building, structure, use and
deck over 144 total gross square feet and up to 650 total gross square feet shall
be limited to the building setbacks of the lot it is located on and is subject to the
development conditions below. Any accessory building, structure, use and deck

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over 650 total gross square feet must be at least 100 feet from any property line
and is subject to the development conditions below.
b. Accessory buildings, structures, uses and decks shall be subject to the following
development conditions:
1. Maximum height is two stories or 35 feet.
2. Buildings or structures shall have the meaning as defined in section 134-1.
Accessory structures and uses shall also include Jacuzzis, tennis courts,
basketball courts, swimming pools (private), playhouses and playgrounds.
When calculating square footage for ground level uses such as tennis
courts, basketball courts and above ground swimming pools and the like,
the footprint shall be used in calculating total gross square feet.
3. All accessory buildings, structures, uses and decks shall be located to the
rear of the principal building, except for heating and air conditioning units
or garbage pads, which may be located on the side of the primary structure
and located within two feet of the primary structure.
4. The rear of the primary structure shall be where the main portion of the
building ends without consideration of wings.
5. Architectural style and design are to be approved by the division manager
of zoning or his designee, and are to be complimentary to the primary
structure.
6. Such structures or buildings shall be located on the same lot as and to the
rear of the primary structure to which they are accessory. Uncovered decks
that are attached to the primary structure may be located to the rear or
side of the principal building. Covered decks, covered patios, and covered
steps shall adhere to the building setbacks of the primary structure.
7. No accessory building, structure, use or deck shall be constructed upon a
lot until construction of the principal building has commenced.
8. On a corner lot, no accessory building, structure, use or deck shall be
located closer to the side street right-of-way line than the principal
building.
9. If the garage, accessory building, structure, use or deck is attached to the
primary structure by a breezeway it shall be located up to a maximum of
25 feet from the primary structure to which it is attached. The breezeway
may be enclosed or open.
10. When an accessory building is intended to be habitable it shall be attached
to the principal structure by a fully enclosed heated/cooled hallway and it
shall comply with the yard requirements of the principal building to which
it is accessory. The accessory building, structure or use shall be located up
to a maximum of 25 feet from the primary structure to which it is attached.
10. All accessory buildings, structures and uses in excess of 650 gross square
feet shall be required to submit for plan review through the community
development department or receive approval from the director of the
community development department or zoning division manager, or their
designees.

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11. The primary structure in a residential district shall be the principal house
on the lot.
…
Section 134-199 of the Official Code of Cobb County, Georgia, is amended to read as follows:
Sec. 134-199. – R-12 single-family residential district.
…
(12)
Accessory buildings, structures, uses and decks.
a. Size and setback limitations: Any accessory building, structure, use and deck up to
144 total gross square feet must be located at least five feet off the property line
and limited to 15 feet in height subject to the development conditions list below
(except for 15-foot height restriction). Any accessory building, structure, use and
deck over 144 total gross square feet and up to 650 total gross square feet shall
be limited to the building setbacks of the lot it is located on and is subject to the
development conditions below. Any accessory building, structure, use and deck
over 650 total gross square feet must be at least 100 feet from any property line
and is subject to the development conditions below.
b. Accessory buildings, structures, uses and decks shall be subject to the following
development conditions:
1. Maximum height is two stories or 35 feet.
2. Buildings or structures shall have the meaning as defined in section 134-1.
Accessory structures and uses shall also include Jacuzzis, tennis courts,
basketball courts, swimming pools (private), playhouses and playgrounds.
When calculating square footage for ground level uses such as tennis
courts, basketball courts and above ground swimming pools and the like,
the footprint shall be used in calculating total gross square feet.
3. All accessory buildings, structures, uses and decks shall be located to the
rear of the principal building, except for heating and air conditioning units
or garbage pads, which may be located on the side of the primary structure
and located within two feet of the primary structure.
4. The rear of the primary structure shall be where the main portion of the
building ends without consideration of wings.
5. Architectural style and design are to be approved by the division manager
of zoning or his designee, and are to be complimentary to the primary
structure.
6. Such structures or buildings shall be located on the same lot as and to the
rear of the primary structure to which they are accessory. Uncovered decks
that are attached to the primary structure may be located to the rear or
side of the principal building. Covered decks, covered patios, and covered
steps shall adhere to the building setbacks of the primary structure.
7. No accessory building, structure, use or deck shall be constructed upon a
lot until construction of the principal building has commenced.

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8. On a corner lot, no accessory building, structure, use or deck shall be
located closer to the side street right-of-way line than the principal
building.
9. If the garage, accessory building, structure, use or deck is attached to the
primary structure by a breezeway it shall be located up to a maximum of
25 feet from the primary structure to which it is attached. The breezeway
may be enclosed or open.
10. When an accessory building is intended to be habitable it shall be attached
to the principal structure by a fully enclosed heated/cooled hallway and it
shall comply with the yard requirements of the principal building to which
it is accessory. The accessory building, structure or use shall be located up
to a maximum of 25 feet from the primary structure to which it is attached.
10. All accessory buildings, structures and uses in excess of 650 gross square
feet shall be required to submit for plan review through the community
development department or receive approval from the director of the
community development department or zoning division manager, or their
designees.
11. The primary structure in a residential district shall be the principal house
on the lot.
…
where the place of business of the applicant is located within a radius distance of 2,500 feet of
another vapor retailer.
ARTICLE V. – SUPPLEMENTAL REGULATIONS
Section 134-266 of the Official Code of Cobb County, Georgia, is amended to read as follows:
Sec. 134-266. – Gasoline pumps/electric car charging station(s) and canopies.
(a) Distance requirements. There shall be 600-foot from the property line of the proposed fuel
related use (convenience food stores with self-service fuel sales, full-service gasoline stations,
fuel and ice dealers (as a primary use), and petroleum or bulk storage stations) to the property
line of any property zoned for residential uses, daycares, schools, assisted living facilities,
religious facilities, or parks. No convenience food store with self-service fuel sales, full-service
gasoline station, fuel and ice dealer, and petroleum or bulk storage station shall be located
within 1,000-feet of another listed use. The 1,000 feet shall be measured property line to
property line.
(ba) Setbacks. Within any zoning district which allows for gasoline pumps and canopies (attached
or detached) covering the pumps, pumps and canopies shall be set back at least 15 feet from
the future right-of-way. Any permanent building, whether or not attached to a canopy, must
be located within the required building setbacks. Within any zoning district which allows for
freestanding carwashes, canopies that cover any vehicles being washed on site must be
permitted (through both the site plan review and structural review process and subject to the

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landscape enhancement strip provisions contained in section 134-285) as a permanent
structure requiring a footing or foundation to which the canopy is structurally attached,
capable of supporting a predesigned load withstanding wind and other natural forces as may
be further defined in this chapter, including structural calculations as prepared and certified
by a professional designer licensed to practice in the State of Georgia and as distinguished
from a temporary canopy or tent and the like (temporary canopies or tents are prohibited).
When permitted, these canopies must be at least 15 feet from the future right-of-way.
Canopies originally constructed to cover gasoline pumps may be utilized as canopies covering
vehicles being washed on site, provided that they shall be set back at least 15 feet from the
future right-of-way. Canopies, whether permitted as a permanent structure or preexisting as
described above, may not be used for signage purposes.
(cb) Service station canopy lighting shall adhere to the following standards:
(1) All luminaries shall be mounted on or recessed into the lower surface of service station
canopies and shall be fully shielded and utilize flat lenses. Lighting shall be designed and
installed to minimize or eliminate stray lighting onto roadways and adjacent residential
properties.
(2) The total light output of luminaries mounted on the lower surface, or recessed into the
lower surface of the canopy, and any lighting within signage or illuminated panels over
the pumps, shall not exceed 50 foot-candles.
(3) Lights shall not be mounted on the top or sides of a canopy and the sides of a canopy
shall not be illuminated.
(4) This section shall be effective October 1, 2022.
(dc) Electric car charging station(s).
…

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