Cherokee County weighing zoning text changes, special-use permits for gas stations and car washes amid 90-day moratorium

Cherokee County planning staff presented draft zoning-text amendments to address a recent surge of gas stations and car washes countywide and asked the Board of Commissioners for direction as staff prepares a public hearing on the changes.

The board adopted a 90-day moratorium on new applications for gas stations, car washes and associated convenience stores on April 1; that moratorium is set to expire around June 30. Thomas, planning staff, said the staff proposal is intended to clarify definitions and add use conditions to the zoning ordinance so the county can better manage where and how these businesses locate.

The draft work includes two new definitions — for “car wash” and for “gasoline station” — lifted from NAICS (Census industry classifications) language and local examples, and a set of six proposed supplemental regulations. Thomas summarized the intent: “So we're looking at reviewing the impact of gas stations. Those could be with or without convenience stores as well as car wash facilities. And we'll review kind of how many and where they're located in each of your districts.”

Why it matters: commissioners said rapid growth of these uses — concentrated along Highway 92 and Bells Ferry Road, particularly in District 4 — could bring environmental and neighborhood impacts the county wants to limit through zoning tools rather than allowing unfettered commercial buildout. Commissioner Ragsdale said the objective is preservation: “my intent was just to try and preserve, the look of 92 as best we can from now and into the future.”

What staff proposed

- Add explicit definitions to Article 4 for “car wash” (facilities that clean, wash, polish or wax vehicles by conveyor, handwash, in-bay automatic, self-service or similar methods) and “gasoline station” (establishments retailing vehicular fuels, which may include convenience stores, accessory vehicular maintenance, and car washing). Truck stops would be captured under the gasoline-station definition.

- Make gas stations and car washes special uses in General Commercial (GC) zoning and apply supplemental regulations (proposed new section 7.7.3H). If located in other commercial or light-industrial zoning where these uses are already permitted, the current allowances would remain unless the county amends those provisions.

- Six draft use conditions (staff-presented text): 1) Fuel pumps, pump canopies and ancillary service equipment shall meet primary building setbacks for the zoning district (intended to clarify canopy setback interpretation). 2) Ancillary service equipment shall not directly abut the primary street or right-of-way (separation or landscaping is required). 3) Any structure containing ancillary equipment shall use similar architectural features/materials as the primary structure and use muted colors (staff noted this language is partly drawn from current ordinance text). 4) Minimum lot size of 2 acres for the use in GC (staff called this a discussion point to allow commissioners’ feedback). 5) A traffic-control plan that includes a fire-apparatus turnaround. 6) Freestanding accessory structures (examples listed: ice machines, vending, unattended donation/drop boxes, recycling bins, ATMs, propane kiosks) shall not be located closer to the primary street/right-of-way than the principal structure.

Commissioner questions and board direction

Commissioners asked staff to clarify several implementation points rather than finalize strict standards immediately. Discussion points the board asked staff to address included: - Whether the 2-acre minimum is appropriate and how it would affect large grocers with accessory pumps (e.g., Kroger) versus stand-alone stations. Commissioners noted that making GC a special-use zone allows applicants to seek variances if needed. - Whether the architectural and color standards would apply to fuel canopies and, if so, how far those standards can reasonably be applied to metal canopy roofs versus canopy columns and trims. Commissioners discussed examples (e.g., racetrack/QT branded canopies) and asked staff to review Forsyth and other nearby jurisdictions for approaches to canopy materials and allowable colors. - How accessory items (vending, ice machines) should be treated when they function as de facto signage or attractors when located next to the street; staff clarified the draft intends to prohibit freestanding accessories from being closer to the road than the principal building. - Whether to include a distance-based spacing requirement between stations; commissioners indicated spacing requirements can be arbitrary and favored case-by-case review through the special-use permit process rather than a fixed separation standard.

Next steps and timing

Staff said it will: gather acreage data on recent convenience-store-with-pump projects, review other counties’ canopy/color standards, refine the draft text, and return a revised draft at the next work session before a public hearing. Thomas told the board the public hearing is being scheduled for June 17, ahead of the moratorium expiration; the county can extend the moratorium if needed. One commissioner said the board should require public hearings (i.e., full review) for projects in GC to ensure the special-use process actually allows community scrutiny.

No ordinance changes were adopted at the meeting. Instead, the board gave staff direction to perform analyses and return a revised set of text amendments and a recommended special-use approach before the June 17 public hearing.

Ending note

Commissioners emphasized they want to preserve the visual character of Highway 92 while allowing large grocers and national brands to operate where appropriate; they asked staff to provide measurable data (recent site acreages, example projects) and comparable jurisdiction language on canopies and color schemes to guide final text amendments.