Cobb Code Changes Address Lawn Equipment Noise, Redevelopment

COBB COUNTY, GA — Cobb residents will have to wait until 7 a.m. to use a lawnmower, chainsaw, weed eater or leaf blower, per code changes from the Cobb County Board of Commissioners on Tuesday.

Cobb commissioners approved a series of amendments to the county's code at the Tuesday board meeting, including a revision stating that any loud landscaping equipment that may potentially disturb neighbors in the early morning hours cannot be used between 9 p.m. and 7 a.m.

"The operation of any noise-creating equipment including but not limited to lawnmowers, weed eaters, chainsaws, and blowers either gas powered or electric which causes noise that would annoy or disturb the peace, quiet and comfort of the neighboring inhabitants shall not be used in residentially-zoned classified parcels between the hours of 9 p.m. and 7 a.m. on any day of the week," the code change reads.

South Cobb Commissioner Monique Sheffield mentioned expanding the time frame further to 8 a.m. on Saturdays and even 9 a.m. on Sundays; however, West Cobb Commissioner Keli Gambrill said she wanted to give advance notice to the public before approving the change. Commissioners ultimately approved the amendment as presented.

The board also approved the creation of "clean zones" during Major League Baseball's All-Star week this summer, which will be hosted by the Atlanta Braves from July 7-14, and effectively threw out an ordinance meant to spur redevelopment in some parts of the county — an ordinance that has been used once since it was first adopted 15 years ago.

The proposed clean zones are meant to "facilitate the safe and orderly movement of vehicular and pedestrian traffic as well as to preserve the aesthetic qualities of areas within unincorporated Cobb County," according to the code section.

Banned activities in the clean zones include:

• engaging in activities that require a temporary permit or license from the county under existing ordinances without obtaining such a permit or license;
• giving away commercial items;
• sampling or distribution of handbills for any commercial purpose;
• any temporary signage viewable from public property, including mobile signage;
• the construction of any temporary structure or inflatable device;
• the sublicensing of rights of existing vendors or merchants to third parties;
• the hosting of any hospitality events or other activities conducted outside;
• the sale of counterfeit or infringing merchandise and the sale of counterfeit tickets to the All-Star game or its related sponsor-approved activities;
• the sale of valid tickets to the All-Star game or its related sponsor-approved activities.

The county's redevelopment ordinance, first created in 2005, allowed for the creation of redevelopment overlay districts, or RODs. These districts were intended to promote commercial, residential and mixed-use redevelopment in certain parts of the county by waiving or reducing some requirements.

One developer has invoked the ordinance during a rezoning application since 2005 — developers for a mixed-use project known as Sprayberry Crossing — and Cobb Community Development Director Jessica Guinn said that suggests the ordinance hasn't worked as intended. Commissioners voted to amend the ordinance so that developers could no longer use it during a rezoning application, effective Tuesday.

The rezoning application for Sprayberry Crossing, a mixed-use development at East Piedmont and Sandy Plains roads replacing a run-down shopping center, is still pending and is scheduled to be heard in March.

However, Cobb Commissioner JoAnn Birrell said the ROD code would still apply to this project as the code change was effective Tuesday, and the developers first submitted the rezoning application last fall. Birrell's district includes the Sprayberry Crossing project, which is planned to include a national grocery chain, office space, senior living, apartments and townhomes as well as other community and retail space.

"I feel like it's not needed. There are other zoning categories that can be applied for ... I don't think it's going to impact the future redevelopment of run-down shopping centers or vacant buildings ... because we have a process to identify those as redevelopment sites, which are eligible for certain tax credits or incentives," Birrell said Tuesday. "Any changes to [the code] or removing it altogether now, the current code would still apply to the pending case."