Code Compliance

Sec. 4. Exterior Structure

(a) General. The exterior of a dwelling, building or structure shall be maintained in good

repair, structurally sound and sanitary so as not to pose a threat to the public health, safety

or welfare.

(b) Unsafe conditions. The following conditions shall be determined as unsafe and shall be

repaired or replaced to comply with the code under which they were constructed or the

current version of the applicable code.

1. The nominal strength of any structural member is exceeded by nominal loads, the load

effects or the required strength;

2. The anchorage of the floor or roof to walls or columns, and of walls and columns to

foundations is not capable of resisting all nominal loads or load effects;

3. Structures or components thereof that have reached their limit state;
4. Siding and masonry joints including joints between the building envelope and the

perimeter of windows, doors and skylights are not maintained, weather resistant or water

tight;

5. Structural members that have evidence of deterioration or that are not capable of

safely supporting all nominal loads and load effects;

6. Foundation systems that are not firmly supported by footings, are not plumb and free

from open cracks and breaks, are not properly anchored or are not capable of supporting

all nominal loads and resisting all load effects;

7. Exterior walls that are not anchored to supporting and supported elements or are not

plumb and free of holes, cracks or breaks and loose or rotting materials, are not properly

anchored or are not capable of supporting all nominal loads and resisting all load effects;

8. Roofing or roofing components, that have defects that admit rain, roof surfaces with

inadequate drainage, or any portion of the roof framing that is not in good repair with

signs of deterioration, fatigue or without proper anchorage and incapable of supporting

all nominal loads and resisting all load effects;

9. Flooring and flooring components with defects that affect serviceability or flooring

components that show signs of deterioration or fatigue, are not properly anchored or are

incapable of supporting all nominal loads and resisting all load effects;

10. Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative

features not properly anchored or that are anchored with connections not capable of

supporting all nominal loads and resisting all load effects;

11. Overhang extensions or projections including, but not limited to, trash chutes,

canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not

properly anchored or that are anchored with connections not capable of supporting all

nominal loads and resisting all load effects;

12. Exterior stairs, decks, porches, balconies and all similar appurtenances attached

thereto, including guards and handrails, are not structurally sound, not properly anchored

or that are anchored with connections not capable of supporting all nominal loads and

resisting all load effects; or

13. Chimneys, cooling towers, smokestacks and similar appurtenances not structurally

sound or not properly anchored, or that are anchored with connections not capable of

supporting all nominal loads and resisting all load effects.

Business vehicles under 8,000 pounds axle weight shall be allowed to park in the

side or rear yard of the residentially zoned property.

1. Business vehicles weighing or exceeding 8,000 pounds axle weight shall be

allowed to park in residentially zoned property during daylight hours, but not

overnight or on Saturdays or Sundays.

2. Daylight hours shall mean 30 minutes after dawn to 30 minutes before sunset.

B. Vehicle repair may not be conducted on vehicles located on any public street.

This prohibition shall not apply to emergency repairs taking less than 24 hours to

complete.

C. Trailers, boats, and recreational vehicles must be stored to the side or rear of the

principal structure or stored in an entirely enclosed structure. Trailers, boats and

recreational vehicles must be parked on an improved surface such as concrete or

pervious pavers.

1. Junk vehicles, as defined in Section 73-15.4 are considered outside

storage and subject to Section 73-7.1.2 provisions for outside storage.

2. Trailer beds that are used for storage are subject to Section 73-7.1.2

provisions for outside storage.

D. Recreational vehicles and trailers shall not be parked on an R-zoned lot that does

not contain a permanent dwelling unit or other structure intended for permanent

human habitation.

E. Recreational vehicles may only be occupied for human habitation in the C-2 district.

Habitation may occur for a maximum of 14 days in any 30-day period.

F. Exemptions. Restrictions on vehicles regulated by this Section shall not apply when:

1. Vehicle/trailer is located within a completely enclosed building or structure.
2. Vehicle/trailer is temporarily parked for the purpose of active loading/unloading.
3. The subject lot is occupied by a permitted non-residential use.
4. Vehicle is designed or intended for the transport of the physically impaired; or

Vehicle is being used for active construction, or other professional service

being performed on the subject property.

A. General Provisions

1. In all cases, the finished side of any fence shall be directed to the exterior of the property.

2. No fence or free-standing wall in a required yard other than a retaining wall shall

be more than 8 feet in height, nor shall it be constructed within two (2) feet of a

public right-of-way. Fences located within the established front setback of

residential property shall not exceed four (4) feet in height. When this article

requires a fence to be constructed, such fence shall be completed prior to

occupancy of the primary structure.

3. A fence equipped with or having barbed wire, spikes, or similar device, or electric

charge shall locate said devices greater than six (6) feet above ground level.

4. All swimming pools shall be enclosed by a fence having a height of not less than

five (5) feet with a self-closing, self-latching gate.

5. All fences shall be maintained and corrected of any defects including damage,

missing portions, or other defects deemed a nuisance.

F. Any retaining wall constructed on a property that is four (4) feet in height or higher shall incorporate at the top of said wall, a fence no less than thirty-six (36) inches in height.

Designed for the temporary storage of fixtures, furnishings, equipment, or other household goods and materials (also known as PODs). Portable storage containers exclude structures designed for the occupancy by any individual or domestic animal or used as a place of business. When not associated with a valid permit, portable storage containers or temporary dumpsters shall not be parked or stored for more than 15 consecutive days or a total of more than 30 days during any calendar year.

The use of a residential dwelling unit or portion of such dwelling unit for lodging.

1. A maximum of one (1) rental agreement is permitted for each structure on the lot at any one time.
2. A 24-hour contact shall be identified and accessible for any complaints.
3. A maximum of two (2) people per bedroom are permitted at the property at any time during the rental

period.

1. All short-term rentals shall be owned and operated by someone having primary residence in Cobb

County.

1. All short-term rentals shall register on a platform that collects hotel/motel tax as a condition of usage

agreement (e.g.: Airbnb or VRBO).

1. Any person conducting a short-term rental shall apply for and receive an occupational tax certificate

prior to operating. Proof of compliance with all supplemental use regulations herein shall be provided with the application.

All outside storage must be stored in a side or rear yard and screened from all streets and adjacent properties and public view by a non-opaque fence or wall at least 6 feet in height. Unenclosed carports and front porches may not be used for storing any materials other than firewood or recyclable materials within a city approved container.

Trailers, boats, and recreational vehicles must be stored to the side or rear of the principal structure or stored in an entirely enclosed structure. Trailers, boats and recreational vehicles must be parked on an improved surface such as concrete or pervious pavers.

(a)The parking of any vehicle (including, but not limited to trailers and boats) on any lot in any district on other than a surface treated and hardened to accommodate vehicles up to 8,000 pounds gross axle weight is prohibited.(1)Properties shall be limited to concrete, asphalt, or brick surfaces.(2)Properties may use stone surfaces or tar-treated stone surfaces provided that if such property is improved in any manner that construction costs exceed 50% of the assessed property value, the current standard shall apply.(b)Minimum standards for surfaces treated and hardened to accommodate vehicles up to 8,000 pounds are as follows:(1)Concrete: Four inches of 3,000 psi concrete with control joints at least every 20 feet, control joints utilized, wire reinforcement throughout.(2)Asphalt: Binder and topping course mixes at least three inches thick.(3)Brick: Bricks laid in a four inches concrete base, sand/granite leveling base(4)Tar-treated stone: Hot liquefied asphaltic application overlaid with #57 stone.(5)Pervious paving materials as approved by City Staff.

Prohibited acts. (a)It shall be unlawful for any person to deface, destroy or otherwise damage private or public property within the city without the owner’s consent by or through the application of graffiti.

(b)It shall be unlawful for any person owning or otherwise being in control of any real property within the city to maintain, permit or allow any graffiti to be placed upon or remain upon any structure located on such property when the graffiti is visible from the street or other public or private property.

Storage; parking in yard; junking. (a) Disabled vehicles, or any part of a motor vehicle, shall not be permitted in the front, side or rear yards of any parcel of land in the city, except when such vehicles are stored or placed in an entirely enclosed garage or other structure.

(b) The tearing down, stripping or junking of a vehicle shall not be permitted, except at locations zoned and licensed for such business.

Prohibited on streets; exception; reasonable time for removal. Disabled vehicles shall not be permitted on the rights-of-way of the streets, alleys or highways of the city; however, this prohibition shall not apply to the towing or similar transportation of such vehicles. Reasonable time (not to exceed 48 hours from the time of disability) shall be permitted for the removal or servicing of a disabled vehicle in an emergency caused by an accident or sudden breakdown of the vehicle, provided, the location of the vehicle does not pose a hazard to the general public or other vehicles.

Parking, storing restricted. It shall be unlawful for any person to permit any disabled vehicle to be parked, placed or allowed to remain within the city in violation of the provisions of this article.

Disabled vehicle means a vehicle that is: (1)Dismantled, in whole or in part, and/or is mechanically unable to operate as the result of a mechanical defect or malfunction. The absence of minor and nonessential parts such as antennas, ornaments, hubcaps, etc., shall not cause a vehicle to be deemed dismantled and thereby disabled.

(2)Not currently licensed or is not capable of being licensed for operation on the rights-of-way of the streets, alleys or highways of the city or on state waterways.

An unlicensed vehicle in operating order owned by a duly licensed new or used car dealer and located on the regular premises of the dealer for the purpose of sale or delivery of such vehicle shall not be deemed to be a disabled motor vehicle for the purposes of this  article. An unlicensed vehicle or vehicle that is mechanically unable to operate is permitted to be stored in the commercially zoned areas of the city where the property owner operates a licensed auto repair shop and the property has all zoning approvals necessary. All vehicles stored in accordance with this article regarding licensed auto repair shops must be stored as required by ordinance, regulation or law.

Vehicle means a machine propelled by power other than human power which is designed to travel along the ground or on water by use of wheels, treads, runners, slides or propulsion, and to transport persons and property or pull machinery. The term “vehicle” shall include automobiles, trucks, motorcycles, trailers, tractors and watercraft.

(1) Stagnant water on a premises;

(2) Any dead or decaying matter; weeds; vegetation; or any fruit, vegetable, animal or rodent, upon a premises which is odorous or capable of causing disease or annoyance to the inhabitants of the city;

(3) The generation of smoke or fumes in sufficient amounts to cause odor or annoyance to the inhabitants of the city;

(4) The pollution of public water or the injection of matter into the sewer system which would be damaging to the system;

(5) Maintaining a dangerous or diseased animal or fowl;

(6) Obstruction of a public street, highway or sidewalk without a permit;

(7) Loud or unusual noises that are detrimental or annoying to the public, including, but not limited to, unusual loud disturbances in or around churches or multiple-family complexes, such as loud music and other activities in swimming pool and clubhouse areas;

(8) Any walls, trees and buildings that may endanger persons or property;

(9) Any business or building where illegal activities are habitually and commonly conducted in such a manner as to reasonably suggest that the owner or operator of the business or building was aware of the illegal activities and failed to reasonably attempt to prevent such activities;

(10) Unused iceboxes, refrigerators, etc., unless the doors, latches or locks of such appliances are removed;

(11) Permitting private property to become overgrown with weeds, scrub bushes and grass;

(12) Permitting cans, bottles, garbage, refuse, scrap, debris, oil, grease, used or junked motor vehicle tires, tubes, rims or other parts to accumulate upon private property in public view; or

(13) Any other condition constituting a nuisance under state law.