The Board Upholds Staff Denial of a New Car Wash

Henry County commissioners have upheld planning staff’s decision to deny a new car wash on Jonesboro Road. The denial was based on the location’s proximity to an existing car wash.

The applicant appealed staff’s interpretation of the buffer ordinance. Henry County adopted an ordinance last year prohibiting new car washes within two miles of current locations.

Denial of New Car Wash

Shops at Walnut Creek, LLC proposed a new car wash at Jonesboro Road and Riggs Drive. The operator would be Tidal Wave Auto Spa. The location is in front of the new Publix shopping center. The applicant asked the county for a zoning verification letter. This is a preliminary step before submitting construction plans. The county staff denied this letter in February. They based their denial on the car wash buffer requirements.

Henry County adopted a car wash buffer ordinance in April 2023. It states the following:

To avoid over-concentration, an automobile wash establishment (as a primary use) shall be separated from all other automobile wash establishments either within or outside the zoning jurisdiction of Henry County by a minimum distance of five thousand, two hundred and eighty feet (5,280) feet. The separation distance shall be measured utilizing parcel boundaries as the center point at which the minimum separation distance shall extend in all directions. It shall be prohibited for any such minimum separation distance measurements to overlap.

Henry County Ordinance 23-04

The proposed car wash is 1.967 miles from the next-closest existing car wash. This is Take 5 Car Wash on the east side of I-75. County staff denied the zoning letter stating a new car wash cannot be within two miles of an existing location. This is based on the distance measurements not overlapping.

The applicant’s attorney, Smith Gambrell Russell of Atlanta, contended such interpretation was incorrect. The law firm contends the ordinance calls for a one-mile buffer between locations. They do not believe the last part of the ordinance — about measurements not overlapping — results in a two-mile requirement.

The law firm presented their appeal during the April 9 board meeting. County staff also presented their reasoning for denying the zoning letter. The board of commissioners unanimously approved upholding staff’s original denial. The applicant and their attorney may file another appeal, if they so choose, in Henry County Superior Court.

Featured image shows Jonesboro Road at Riggs Drive. Henry County photo.