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02022004 February 2, 2004 Attachment February 2.2004 8 ~- i aU&~ CHARLES PETE WOOD, WARD 7 -- J S AN D. HIOTT, CITY ~L~ ---- ~~ RON NEWCOMB, WARD 2 - - - ORDINANCE No. 2004-6 AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR THE AMENDMENT OF THE CODE OF ORDINANCES (ZONING) OF THE CITY OF SMYRNA, GEORGIA, SEe. 505 HOME OCCUPATION, BY DELETING EXISTING SUBSECTION (505.12) IN ITS ENTIRETY AND SUPPLANTING SAID SUBSECTION WITH A REVISED CODE TO ALLOW FOR ADJUSTMENT OF THE NOTIFICATION RADIUS DEPENDING UPON THE DESIGNATED DENSITY OF THE SURROUNDING HOUSING, AND TO INCLUDE A PROVISION TO ALLOW FOR USE OF CERTIFIED MAIL AS A _ NOTIFICATION OPTION FOR APPLICANTS BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Section (505.12) of the Code of Ordinances of the City of Smyrna, Georgia, be amended so that such section shall read as follows: - "All Applicants requesting a home occupation certificate must provide notice to the parties specified herein. Such notice shall include a copy of the application and shall specify the date, time and place for the hearing on the application. The applicant must submit proof that the notice requirements of this subsection have been met. Such notice shall be provided as follows: Applicants living in a multi-family dwelling must notify the owner of the dwelling and all occupants in the building sought to be used as a home occupation. Applicants living in a single family dwelling in low density areas as designated by the comprehensive land use plan adopted by the City of Smyrna must notify all homeowners within a 300-foot radius as measured in a straight line from the front door of the dwelling sought to be used as a home occupation. Applicants in a single family dwelling in medium density areas as designated by the comprehensive land use plan adopted by the City of Smyrna must notify homeowners within a 200-foot radius as measured in a straight line from the front door of the dwelling sought to be used as a home occupation. Applicants living in a single family dwelling in high density areas as designated by the comprehensive land use plan adopted by the City of Smyrna must notify homeowners within a 100-foot radius as measured in a straight line from the front door of the dwelling sought to be used as a home occupation. - - ORDINANCE No. 2004-6 The notice required under this section may be made either by certified mail, return receipt requested, addressed to the designated party or by personal service. Proof of service must be submitted with the application and must consist of either the signed return receipt, an Acknowledgment of Service signed by the intended recipient, or a Certificate of Service signed by the applicant certifying that service was made in accordance with this section." All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this ordinance. Severability: Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. - Approved by Mayor and Council this 2nd day of February, 2004 A. Max Bacon, Mayor Attest: ~D, Susan D. Hiott, City Clerk City of Smyrna Approved as to form: S ott A. Cochran, City A City of Smyrna - 2 - ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA Ordinance Number Land Lot 632 Acres .44 2004-1 WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the Official Code of Georgia Annotated to allow annexation of property; and WHEREAS, the owners of] 00 percent of the land described in Exhibit "A" attached hereto have been notified of the City's desire that their property be annexed into the City of Smyrna as shown on said Exhibit; and WHEREAS, the City of Smyrna held a public hearing on such on February 2. 2004 after first providing notice as required by law; and WHEREAS, the City of Smyrna has determined, and does hereby determine that the annexation of said property into the municipality would be in the best interests of the property owners of the area to be annexed and of the citizens of the municipality; and - WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approye the annexation of said property passed by a majority yote without veto; and NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of the City of Smyrna be amended and the same is hereby amended by adding to the description of the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit "A." BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to show the annexation of said property. SO ORDAINED by the City Council of the City of Smyrna, this February. 2004 ~ ----- A. Max Bacon, Mayor n-f . f). 7Z.;t6 ~Clerk City of Smyrna - /1 , ,,;/..... J!Y ---= ---, Scott A. Coch an, City Attorney . City of Smyrna - Ordinance 2004-1 Exhibit "A" All that certain property situated and being in Land Lot 632 of the 17th District and 2nd Section of Cobb County, Georgia, being Parcel 83, and more particularly described as follows: BEGINNING at the common intersection of Land Lots 631, 632, 665, and 666; thence northerly along the eastern lot line of Land Lot 632 a distance of300 feet more or less to a point, said point being the POINT OF BEGINNING; thence continuing northerly along said lot line of Land Lot 632 a distance of 80 feet to a point; thence southwesterly a distance of270 feet to a point on the northeastern right-of-way of Madison Street; thence southeasterly along said right-of-way of Madison Street a distance of 70 feet to a point; thence northeasterly a distance of238 feet to the POINT OF BEGINNING. - -