Cobb County, GA Zoning Overlays & Bonuses: Density Bonus Law (2026)
Key Facts
- Bonus cap
- 15% of demolished multifamily units
- Eligible uses
- Condos/townhomes replacing demolished multifamily units
- RM-8 base density
- 8 units per acre (§134-204(12)a.)
- RM-12 base density
- 12 units per acre (§134-206(12)a.)
- Approval body
- Board of Commissioners site plan approval
- Appeal window
- 30 days to Superior Court (§134-127)
- Scope
- Unincorporated Cobb County only
Summary
In unincorporated Cobb County, condominiums or townhomes built to replace demolished multifamily housing in the RM-8 or RM-12 districts can add up to 15 percent more units than were torn down, but only with a site plan the Board of Commissioners approves. The bonus does not apply to brand-new multifamily construction, and Marietta, Smyrna, Kennesaw, Acworth, Powder Springs and Austell run separate codes with no equivalent rule.
(10)Special exception uses. See section 134-271 for special exception uses and requirements for all districts. Special exception uses for the RM-8 district are the uses listed in section 134-271. Additionally, condominiums and townhomes constructed to replace existing/demolished multifamily dwelling units are eligible for a density bonus not to exceed 15 percent of the total number of demolished multifamily dwelling units, subject to site plan approval by the board of commissioners.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 53).
Full Breakdown
Cobb County Code of Ordinances § 134-204(10) governs the RM-8 residential multifamily district and grants a density bonus for redevelopment: condominiums and townhomes constructed to replace existing or demolished multifamily dwelling units are eligible for up to 15 percent more units than the number demolished, subject to site plan approval by the Board of Commissioners. The identical clause appears at § 134-206(10) for the RM-12 district. The bonus rides on top of each district's base cap, not instead of it: RM-8 permits a maximum of eight dwelling units per acre and RM-12 permits 12 units per acre under § 134-204(12)a. and § 134-206(12)a., respectively, so a 100-unit RM-8 complex demolished and rebuilt as condos could add up to 15 replacement units above the torn-down count, still measured against the acreage-based cap.
The bonus is not automatic. It flows from a site plan the applicant submits and the Board of Commissioners approves at a regularly scheduled meeting, per § 134-126, and any later change to that site plan beyond a minor modification must go back through the full rezoning/site plan process. Because approval is a board decision tied to the underlying zoning case, a denial or a condition attached to the approval can be appealed to Cobb County Superior Court under § 134-127, but the appeal must be filed within 30 days of the Board's vote or the decision becomes final.
The rule applies only to condominiums and townhomes built to replace multifamily units that already existed or were torn down; it does not create extra density for ground-up multifamily projects on vacant or non-multifamily land, and it reaches only the RM-8 and RM-12 districts. It also applies only in unincorporated Cobb County. Marietta, Smyrna, Kennesaw, Acworth, Powder Springs and Austell each administer their own zoning code and none carries this specific bonus language.
Violations & Fines
Building beyond the density a Board-approved site plan authorizes, or exceeding a district's base cap without qualifying for the bonus, is a zoning violation under § 134-2. A first offense draws a $100 to $1,000 fine; a second draws $300 to $1,000; a fourth or later violation is a flat $1,000, and any violation can carry up to 60 days in jail after a magistrate court citation. Site plan conditions the Board of Commissioners attaches to the bonus carry the force of law under § 134-2(d).
Frequently Asked Questions
Does this density bonus apply inside Marietta or Smyrna?
How much extra density does the bonus allow?
Who approves the density bonus and can a denial be appealed?
What happens if a developer builds more units than the approved bonus allows?
Sources & Official References
Other rules in Cobb County
Compare Cobb County to another location·View the Georgia zoning overlays & bonuses overview
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