Marietta › Zoning Ordinance
Division 708.25 — OHR, Office High Rise
§ 708.25
OHR, Office High Rise
A.Purpose and Intent.
The OHR district is intended to provide suitable areas for uses such as offices, financial institutions and accessory sales and services in buildings over 5 stories in height.
B.Permitted Uses.
1.Places of assembly.
2.Banks and financial institutions.
3.Colleges and universities, including accessory uses such as dormitories, stadiums and research facilities.
a)Minimum 10 acre lot size.
b)All standards set forth in the Southern Association of Colleges and Schools shall be met.
4.Cultural facilities.
5.Day care centers and nursery schools, provided:
a)Such use must obtain certification from the Georgia Department of Human Resources.
b)Any outdoor play area shall be enclosed by a fence not less than 4 feet in height and located in the rear yard area of the principal building with a self-closing, self-latching gate.
c)Such use is an secondary or ancillary use only.
6.Health service clinics (including accessory pharmacies).
7.Hospitals.
8.Hotels.
9.Medical and dental laboratories.
10.Offices, professional and general business.
11.Parking lots and garages. Up to 75% of the gross floor area of a parking garage’s ground floor level may be devoted toward commercial use oriented towards pedestrian traffic. If a surface parking lot abuts a single family residential district, a 5 foot wide landscaped buffer with a solid fence or wall no less than six feet in height shall be provided.
12.Public buildings and utilities.
13.Schools, public and private.
a)Minimum 5 acre lot size.
b)All standards set forth in the Southern Association of Colleges and Schools shall be met.
14.Radio and television studio facilities.
15.Other uses which are substantially similar in character and impact to those uses enumerated above.
Such uses must clearly meet the purpose and intent of this zoning district.
16.Accessory uses and structures incidental to any legal permitted use, provided:
a)Retail sales and services must be conducted and accessed wholly within the building(s) housing the use to which the activities are accessory and are limited to the lowest two stories.
b)Accessory parking garages may devote a minimum of 50% of the gross floor area of the ground floor level to commercial use oriented towards pedestrian traffic (no additional parking required).
c)Notwithstanding commercial uses in parking garages, no show window or other advertising shall be visible from the exterior of the primary use structure.
C.Temporary/Conditional Uses Allowed by the Director.
1.Telecommunications facilities, accessory only (see standards set forth in Section 712.07).
2.Mobile Retail Food Establishment shall be allowed on property zoned OHR according to the restrictions listed below:
a)Written permission of the property owner is obtained.
b)Such use does not last longer than 3 days consecutively and 12 days annually.
c)These uses shall be located at least 75 feet from any property line and not within any public right-of-way or City owned property, unless otherwise authorized by the City.
d)If property is within fifty (50) feet of a residentially zoned parcel, measured property line to property line, then food truck operations shall cease at 9:00 p.m.
e)Adequate paved parking, ingress and egress are provided on site.
f)A temporary use permit is applied for and approved by the Director of the Department of Development Services.
g)The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to Mobile Retail Establishments; all such variance requests must be submitted to City Council. Variances for mobile food establishments shall be considered according to the criteria defined under §712.01 (E).
D.Special Uses Permitted by Board of Zoning Appeals.
Not applicable in this district.
E.Special Uses Permitted by City Council.
1.Extended stay hotels (see standards set forth in Section 712.03).
F.Accessory Structures.
1.All such structures shall be located upon the same lot and to the side or rear of the principal use at least 10 feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.Freestanding or attached parking garages are subject to the following conditions:
a.Maximum height is 50 feet provided it is at least 20 feet shorter than the principal structure.
b.When abutting any other nonresidential district there is no required setback from property lines.
c.When abutting residential district such structures must be set back 5 feet from the required buffer.
d.A minimum of 35% of the gross ground level floor area must be devoted toward commercial use oriented to pedestrian traffic.
3.Any accessory building in excess of 1500 square feet of gross space must be setback at least 20 feet from any property line and architecturally compatible with the principal structure.
4.When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
5.No accessory structure shall be constructed upon a lot before the principal structure.
6.No accessory structure may exceed the more restrictive of either 15 feet or the height of the principal building,
7.Swimming pools must be enclosed by a fence not less than 5 feet in height with a self-closing, self-latching gate and must comply with all applicable safety and health ordinances.
8.Heating and air conditioning units may encroach 5 feet into the required rear or side setback.
9.Accessory structures utilizing canvas coverings, tarpaulins, sails, tents, or other nondurable materials, are considered temporary and are not permitted for long term use, as they do not meet the minimum requirements of the building code for an accessory structure. Such temporary accessory structures may only be utilized for a period not lasting longer than 14 days consecutively and 42 days annually.
G.Use Limitations.
1.No outside storage is permitted.
2.No uses which emit odors, fumes or sounds are permitted.
3.Building design and materials may be of the developer’s choosing; however:
a.Any façade of a building where any portion of that façade is visible from a roadway shall be constructed with a mixture of brick, stone, rock, wood, glass, cementitious siding, aluminum composite material (ACM) panels, or split-faced concrete block (defined as a concrete building unit which appears to have been hand-chiseled (or “split”) to give it a textured look).
b.The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to building design and materials, as contained in this paragraph; all such variance requests must be submitted to City Council for consideration.
H.Bulk and Area Regulations.
Minimum Lot Size: 2 acres Minimum Lot Width: 100 ft.
Minimum Building Height: 50 ft.
Maximum Floor Area Ratio: 4.0 Maximum Impervious Surface: 80% Minimum landscaped area: 15% Front Setback (arterial): 50 ft.
Front Setback (collector): 40 ft.
Front Setback (local): 35 ft.
Side Setback (major): 25 ft.
Side Setback (minor): 15 ft.
Rear Setback: 35 ft.
I.Landscape and Buffer Requirements.
When an OHR district directly abuts an R-1, R-2, R-3, R-4, PRD-SF, RA-4, RA-6 or RA-8 district, a 75-foot buffer shall be established (see standards set forth in Section 710.05).
J.Zoning Bonuses and Incentives.
The following zoning incentives are designed to allow specific benefits to property owners, developers, and end users of a property and not for the purpose of circumventing any other provision of this ordinance. If a specific bonus or incentive is determined to be contrary to any provision of this ordinance, the City reserves the right to deny a specific bonus or incentive on that basis alone.
1.If required parking is provided exclusively in the rear yard, then the required front yard setback may be reduced 50%.
2.Where parking spaces are provided in on-site underground or deck parking, a bonus floor area of 350 square feet for each provided parking space shall be allowed.
3.Any entity that retrofits an existing site without vehicular or pedestrian interconnection to provide permanent access to adjacent sites’ parking and sidewalks shall be allowed a 10% reduction in required parking.
4.All developments wherein the front door is located within 250 feet of a public transit stop shall be allowed a 10% reduction in required parking.
(Ord. No. 6149, 8/9/2000, Sec. 4; Ord. No 6534, 7/9/2003, Sec. 17; Ord. No. 6728, 9/8/2004, Sec. 3; Ord.
No. 6737, 10/13/2004, Sec. 17; Ord. No. 6753, 11/10/2004, Sec. 13)