09062005 September 6, 2005 Attachments
September 6. 2005
,....
A. MAX BACON, MAYOR
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BILL S OGGINS, W 3
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CHARLES PETE WOOD, WARD 7
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SUSA" D. mOTT,CITY CLERK
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RON NEWCOMB, WARD 2
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2005-30 Ratified 9/6/2005
City of Smyrna Stream Buffer Map
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Prepared By
City of Smyrna - Community Development Department
3180 Atlanta Road
Smyrna, GA 30080
Legend
- 50 Foot Buffer wl25 Foot Impervious Setback
- 100 Foot Buffer
----- Road
-+- Railroad
812105
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1.5
2
ORDINANCE No. 2005-16
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AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING
THAT THE CODE OF ORDINANCES, APPENDIX A-ZONING, ARTICLE
VII, USE PROVISIONS, SECTIONS 709.7, 711.13, 712.22 AND 712.44,
CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING SAID
SECTIONS TO INCLUDE PROVISIONS FOR REGULATION OF
OUTSIDE STORAGE
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF SMYRNA, GEORGIA:
That Appendix A-Zoning, Article VII, Use Provisions, Sections 709.7,
711.13, 712.22 and 712.44, City of Smyrna, Georgia, be amended to read as
follows:
See 709.7 Limited retail sales. The following uses area permitted provided the limited
retail sales establishment does not exceed 1200 square feet of floor area and the
outside display, storage or sale of merchandise is limited to an area which is; within a
display area enclosed on all sides by a 6' high wall, under a building overhang/canopy or
located no greater than five feet from the exterior building wall.
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(1) Arts and crafts shops.
(2) Antique shops.
(3) Gift shops.
(4) Bridal shops.
(5) Boutique shops.
See 711.13 Retail establishments, including art, antique, apparel, appliance, book,
camera, clothing department, drug, fabric, florist, food, furniture, garden supply, general
merchandise, hardware, hobby, jewelry, music, notion, photographic supply, shoe,
sporting goods, stationery and toy stores, but not excluding similar retail establishments.
The size of any retail establishment shall be limited to 5,000 square feet of floor area.
Any manufacturing incidental to the retail business or service shall be limited to
occupying 20 percent or less of the total floor area. The outside display, storage or sale
of merchandise shall be limited to an area which is; within a display area enclosed on all
sides by a 6' high wall, under a building overhang/canopy or located no greater than five
feet from the exterior building wall.
See 712.22 Lumber, hardware and other building material establishments, provided that
the outside display, storage or sale of merchandise shall be limited to an area which is;
within a display area enclosed on all sides by a 6' high wall or fence, under a building
overhang/canopy or located no greater than five feet from the exterior building wall.
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See 712.44 Retail uses, provided that the making of products sold at retail on the
premises is incidental to the retail business and does not occupy more than 30 percent
of the total floor area of the establishment and the outside display, storage or sale of
merchandise shall be limited to an area which is; within a display area enclosed on all
sides by a 6' high wall, under a building overhang/canopy or located no greater than five
feet from the exterior building wall.
ORDINANCE No. 2005-16
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All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed as ofthe 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 6th day of September, 2005.
Attest:
/d4-
A. Max Bacon, Mayor
Approved as to form:
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~---~
Scott A. Cochran, City Attorney
~eq~opterl October 17, 2005
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2
ORDINANCE No. 2005-36
""...
AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING
THAT THE CODE OF ORDINANCES, APPENDIX A-ZONING, ARTICLE
VII, USE PROVISIONS, CITY OF SMYRNA, GEORGIA, BE AMENDED
BY THE ADDITION OF A NEW CONSERVATION SUBDIVISION AND
OPEN SPACE DEVELOPMENT ORDINANCE TO PROVIDE FOR THE
PRESERVATION OF GREENSP ACE, TO PROVIDE FLEXIBILITY OF
DESIGN IN ORDER TO PROMOTE EFFICIENT AND
ENVIRONMENT ALLY SENSITIVE USE OF LAND, TO HELP
PRESERVE AREAS OF HISTORICAL AND ARCHAEOLOGICAL
SIGNIFICANCE AND FOR OTHER PURPOSES
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF SMYRNA, GEORGIA:
That Appendix A-Zoning, Article VII, Use Provisions be amended by
the addition of a new Conservation Subdivision and Open Space Development
Ordinance which shall read as follows:
CITY OF SMYRNA CONSERVATION SUBDIVISION AND OPEN SPACE
DEVELOPMENT ORDINANCE
---
Description:
The model ordinance provides for conservation subdivisions in residential zones. This
type of development can provide for the preservation of open space and greenspace for
watershed protection and the nonstructural management of stormwater runoff.
Table of Contents
. Section 1. Purposes
. Section 2. General Regulations
. Section 3. Application Requirements
. Section 4. Open Space
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ORDINANCE No. 2005-36
Section 1. Purposes
...
A. To provide for the preservation of greenspace as a non structural stormwater
runoff and watershed protection measure.
B. To provide a residential zoning district that permits flexibility of design in order
to promote environmentally sensitive and efficient uses of the land.
C. To preserve in perpetuity unique or sensitive natural resources such as
groundwater, floodplains, wetlands, streams, steep slopes, woodlands and wildlife
habitat.
D. To permit clustering of houses and structures on less environmentally sensitive
soils which will reduce the amount of infrastructure, including paved surfaces and utility
easements, necessary for residential development.
E. To reduce erosion and sedimentation by minimizing land disturbance and removal
of vegetation in residential development.
F. To promote interconnected greenways and corridors throughout the community.
G.
To promote contiguous greenspace with adjacent jurisdictions.
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H. To encourage interaction in the community by clustering houses and orienting
them closer to the street, providing public gathering places and encouraging use of parks
and community facilities as focal points in the neighborhood.
1. To encourage street designs that reduce traffic speeds and reliance on main
arteries.
1. To promote construction of convenient landscaped walking trails and bike paths
both within the subdivision and connected to neighboring communities, businesses, and
facilities to reduce reliance on automobiles.
K. To conserve scenic views and reduce perceived density by maximizing the
number of houses with direct access to and views of open space.
L. To preserve important historic and archaeological sites.
Section 2. General Regulations
A. Applicability of Regulations. This Conservation Subdivision option is available in
the following zoning districts: R-12, RAD, RMC-8, RM-lO, RM-12, RD, and TD.
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2
ORDINANCE No. 2005-36
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Applicant shall comply with all other provisions of the zoning code and all other
applicable laws, except those that are incompatible with the provisions contained herein.
B. Ownership of Development Site. The tract of land to be subdivided may be held
in single and separate ownership or in multiple ownership. If held in multiple ownership,
however, the site shall be developed according to a single plan with common authority
and common responsibility.
C. Housing Density Determination. The maximum number of lots in the
Conservation Subdivision shall be determined by either of the following two methods, at
the discretion of the local jurisdiction:
(1)
Calculation: The maximum number of lots is determined by dividing the
area of the tract of land by any minimum lot size specified in the
underlying zoning. In making this calculation, the following shall not be
included in the total area ofthe parcel:
a. slopes over 25 percent of at least 5,000 square feet contiguous
area;
b. the 100-year floodplain;
c. bodies of open water over 5,000 square feet contiguous area;
d. wetlands that meet the definition of the Army Corps of Engineers
pursuant to the Clean Water Act; or,
e. anticipated right-of-way needs for roads and utilities.
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(2) Yield Plan: The maximum number of lots is based on a conventional
subdivision design plan, prepared by the applicant, in which the tract of
land is subdivided in a manner intended to yield the highest number of lots
possible. The plan does not have to meet formal requirements for a site
design plan, but the design must be capable of being constructed given site
features and all applicable regulations.
Section 3. Application Requirements
A. Site Analysis Map Required. Concurrent with the submission of a site concept
plan, Applicant shall prepare and submit a site analysis map. The purpose of the site
analysis map is to ensure that the important site features have been adequately identified
prior to the creation of the site design, and that the proposed Open Space will meet the
requirements of this article. The preliminary site plan shall include the following
features:
(1) Property boundaries;
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(2)
All streams, rivers, lakes, wetlands and other hydrologic features;
(3) Topographic contours of no less than 10-foot intervals;
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ORDINANCE No. 2005-36
(4)
All Primary and Secondary Conservation Areas labeled by type, as
described in Section 4 of this Article;
......
(5) General vegetation characteristics;
(6) General soil types;
(7) The planned location of protected Open Space;
(8) Existing roads and structures; and,
(9) Potential connections with existing greenspace and trails.
B. Open Space Management Plan Required. An open space management plan, as
described in Section 4, shall be prepared and submitted prior to the issuance of a land
disturbance permit.
C. Instrument of Permanent Protection Required. An instrument of permanent
protection, such as a conservation easement or permanent restrictive covenant and as
described in Section 4, shall be placed on the Open Space concurrent with the issuance of
a land disturbance permit.
D. Other Requirements. The Applicant shall adhere to all other applicable
requirements of the underlying zoning and the City of Smyrna Code of Ordinances.
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Section 4. Open Space
A. Definition. Open Space is the portion of the conservation subdivision that has
been set aside for permanent protection. Activities within the Open Space are restricted
in perpetuity through the use of an approved legal instrument.
B. Standards to Determine Open Space.
(1) The minimum restricted Open Space shall comprise at least 40% of the
gross tract area.
(2) The following are considered Primary Conservation Areas and are
required to be included within the Open Space, unless the Applicant
demonstrates that this provision would constitute an unusual hardship and
be counter to the purposes of this article:
a.
b.
The regulatory 1 DO-year floodplain;
Buffer zones of at least 75 ft width along all perennial and
intermittent streams;
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4
ORDINANCE No. 2005-36
e.
Slopes above 25 percent of at least 5,000 square feet contiguous
area;
Wetlands that meet the definition used by the Army Corps of
Engineers pursuant to the Clean Water Act;
Populations of endangered or threatened species, or habitat for
such species; and,
Archaeological sites, cemeteries and burial grounds
c.
~
d.
f.
(3) The following are considered Secondary Conservation Areas and should
be included within the Open Space to the maximum extent feasible.
a. Important historic sites;
b. Existing healthy, native forests of at least one acre contiguous area;
c. Individual existing healthy trees greater than 8 inches caliper, as
measured from their outermost drip line;
d. Other significant natural features and scenic viewsheds such as
ridge lines, peaks and rock outcroppings, particularly those that
can be seen from public roads;
e. Prime agricultural lands of at least five acres contiguous area; and,
f. Existing trails that connect the tract to neighboring areas.
(4)
Above-ground utility rights-of-way and small areas of impervious surface
may be included within the protected Open Space but cannot be counted
towards the 40 percent minimum area requirement (exception: historic
structures and existing trails may be counted). Large areas of impervious
surface shall be excluded from the Open Space.
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(5) At least 75 percent of the Open Space shall be in a contiguous tract. The
Open Space should adjoin any neighboring areas of Open Space, other
protected areas, and non-protected natural areas that would be candidates
for inclusion as part of a future area of protected Open Space.
(6) The Open Space shall be directly accessible to the largest practicable
number oflots within the subdivision. Non-adjoining lots shall be
provided with safe, convenient access to the Open Space.
C. Permitted Uses of Open Space. Uses of Open Space may include the following:
(1) Conservation of natural, archeological or historical resources;
(2) Meadows, woodlands, wetlands, wildlife corridors, game preserves, or
similar conservation-oriented areas;
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ORDINANCE No. 2005-36
(3)
Walking or bicycle trails, provided they are constructed of porous paving
materials;
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(4) Passive recreation areas;
(5) Active recreation areas, provided that they are limited to no more than 10
percent of the total Open Space and are not located within Primary
Conservation Areas. Active recreation areas may include impervious
surfaces. Active recreation areas in excess of this limit must be located
outside of the protected Open Space;
(6) Agriculture, horticulture, silviculture or pasture uses, provided that all
applicable best management practices are used to minimize environmental
impacts, and such activities are not conducted within Primary
Conservation Areas;
(7) Nonstructural stormwater management practices;
(8) Easements for drainage, access, and underground utility lines; or
(9) Other conservation-oriented uses compatible with the purposes of this
ordinance.
D. Prohibited uses of Open Space
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(1) Golf courses;
(2) Roads, parking lots and impervious surfaces, except as specifically
authorized in the previous sections;
(3) Agricultural and forestry activities not conducted according to accepted
Best Management Practices; and,
(4) Other activities as determined by the Applicant and recorded on the legal
instrument providing for permanent protection.
E. Ownership and Management of Open Space.
(1)
Ownership of Open Space. The applicant must identify the owner of the
Open Space who is responsible for maintaining the Open Space and
facilities located thereon. If a Homeowners Association is the owner,
membership in the association shall be mandatory and automatic for all
homeowners of the subdivision and their successors. If a Homeowners
Association is the owner, the Homeowners' Association shall have lien
authority to ensure the collection of dues from all members. The
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ORDINANCE No. 2005-36
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responsibility for maintaining the Open Space and any facilities located
thereon shall be borne by the owner.
(2)
Management Plan. Applicant shall submit a Plan for Management of
Open Space and Common Facilities ("Plan") that:
a. allocates responsibility and guidelines for the maintenance and
operation of the Open Space and any facilities located thereon,
including provisions for ongoing maintenance and for long-term
capital improvements;
b. estimates the costs and staffing requirements needed for
maintenance and operation of, and insurance for, the Open Space
and outlines the means by which such funding will be obtained or
provided;
c. provides that any changes to the Plan be approved by the Board of
Commissioners; and,
d. provides for enforcement of the Plan.
(3)
In the event the party responsible for maintenance of the Open Space fails
to maintain all or any portion in reasonable order and condition, the City
of Smyrna may assume responsibility for its maintenance and may enter
the premises and take corrective action, including the provision of
extended maintenance. The costs of such maintenance may be charged to
the owner, Homeowner's Association, or to the individual property
owners that make up the Homeowner's Association, and may include
administrative costs and penalties. Such costs shall become a lien on all
subdivision properties.
....
F. Legal Instrument for Permanent Protection.
(1) The Open Space shall be protected in perpetuity by a binding legal instrument that
is recorded with the deed. The instrument shall be one of the following:
a. A permanent conservation easement in favor of either:
(i) a land trust or similar conservation-oriented non-profit organization with legal
authority to accept such easements. The organization shall be bona fide and in perpetual
existence and the conveyance instruments shall contain an appropriate provision for
retransfer in the event the organization becomes unable to carry out its functions; or
(ii) a governmental entity with an interest in pursuing goals compatible with the purposes
of this ordinance.
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If the entity accepting the easement is not [the jurisdiction], then a third right of
enforcement favoring [the jurisdiction] shall be included in the easement;
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ORDINANCE No. 2005-36
b.
A permanent restrictive covenant for conservation purposes in
favor of a governmental entity; or,
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c. An equivalent legal tool that provides permanent protection, if
approved by the City of Smyrna.
(2) The instrument for permanent protection shall include clear restrictions on
the use ofthe Open Space. These restrictions shall include all restrictions
contained in this article, as well as any further restrictions the Applicant
chooses to place on the use of the Open Space.
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.
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Approved by Mayor and Council this 6th day of September, 2005.
Attest:
~ ~'
L .D, ),~
S ,Isan D. Hiott, City Clerk
City of Smyrna
A. Max Bacon, Mayor
Approved as to form:
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8
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ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number
Land Lot 1 77
Acres 1.65
2005-25
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 100 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 September 6, 2005
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 ofthe City Council of Smyrna the motion to approve
the annexation of said property passed by a majority vote 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
September, 2005.
A. Max Bacon, Mayor
~ D. '/Id&j
Susan D. Hiott, City Clerk
City of Smyrna
...
lk--
Scott A. Cochran, City Attorney
City of Smyrna
,...
Ordinance # 2005-25
Exhibit "A"
Property Line Description
Tract IV
All that tract or parcel of land lying and being in Land Lot 177 of the 18th District,
2nd Section, Cobb County, Georgia, and being more particularly described as
follows:
Beginning at the northwesterly comer of Land Lot 177;
thence along the westerly line of Land Lot 177 South 00 degrees 29 minutes 00
seconds East, 379.55 feet to a point;
said point being the POINT OF BEGINNING;
,...
thence leaving said westerly Land Lot Line South 84 degrees 57 minutes 00 seconds
East, 631.66 feet to a point;
thence North II degrees 12 minutes 00 seconds East, 36. ggfeet to a point;
thence South 71 degrees 43 minutes 00 seconds East, 150.00 feet to a point on the
northwesterly right-of-way of Oakdale Road;
thence along said northwesterly right-of-way South 29 degrees 33 minutes 37
seconds West, 90.30 feet to a point;
thence leaving said northwesterly right-of-way North 87 degrees 47 minutes 41
seconds West, 733.32 feet to a point on said westerly Land Lot Line;
thence along said westerly Land Lot Line North 00 degrees 29 minutes 00 seconds
West, 119.17 feet to a point;
said point being the POINT OF BEGINNING;
I""""
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ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number
Land Lot 177
Acres 3.50
2005-24
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 100 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 September 6. 2005
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 approve
the annexation of said property passed by a majority vote 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.
September, 2005.
SO ORDAINED by the City Council of the City of Smyrna, this 6th day of
~~
A. Max Bacon, Mayor
~D,
. Sus n D. Hiott, City Clerk
City of Smyrna
,
/i~
~
U--
-
Scott A. Cochran, City Attorney
City of Smyrna
,"""
Ordinance # 2005-24
Exhibit "A"
Property Line Description
Tract III
All that tract or parcel of land lying and being in Land Lot 177 of the 18th District,
2nd Section, Cobb County, Georgia, and being more particularly described as
follows:
Beginning at the northwesterly comer of Land Lot 177;
thence along the westerly line of Land Lot 177 South 00 degrees 29 minutes 00
seconds East, 177.00 feet to a point;
said point being the POINT OF BEGINNING;
,...
thence leaving said westerly Land Lot Line South 82 degrees 32 minutes 00 seconds
East, 917.40 feet to a point on the northwesterly right-of-way of Oakdale Road;
thence along said northwesterly right-of-way South 40 degrees 25 minutes 00
seconds West, 199.86 feet to a point;
thence leaving said northwesterly right-of-way North 71 degrees 43 minutes 00
seconds West, 150.00 feet to a point;
thence South 11 degrees 12 minutes 00 seconds West, 36 . 9 gfeet to a point;
thence North 84 degrees 57 minutes 00 seconds West, 631.66 feet to a point on said
westerly Land Lot Line;
thence along said westerly Land Lot Line North 00 degrees 29 minutes 00 seconds
West, 202.55 feet to a point;
said point being the POINT OF BEGINNING;
,...
....
ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number
Land Lot 177
Acres 5.13
2005-23
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 100 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 September 6, 2005
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 approve
the annexation of said property passed by a majority vote 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.
day of
A. Max Bacon, Mayor
~ \
. ~g40.~Lii6b-
Susa D. HIott, CIty Clerk
City of Smyrna
-
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Scott A. ochran, City Attorney
City of Smyrna
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Ordinance # 2005-23
Exhibit "A"
Property Line Description
Tract II
All that tract or parcel of land lying and being in Land Lot 177 of the 18th District,
2nd Section, Cobb County, Georgia, and being more particularly described as
follows:
Beginning at the northwest corner of Land Lot 177; said point being the point of
beginning;
thence along the northerly land lot line of Land Lot 177 North 89 degrees 31 minutes
00 seconds East, 818.54 feet to a point;
thence leaving said northerly land lot line South 40 degrees 20 minutes 36 seconds
East, 294.74 feet to a point on the northwesterly right of way of Oak dale Road;
thence along said northwesterly right of way South 51 degrees 22 minutes 26
seconds West, 125.70 feet to a point;
thence leaving said northwesterly right of way North 82 degrees 32 minutes 00
,.. seconds West, 917.40 feet to a point on the westerly land lot line of Land Lot 177;
thence along said westerly land lot line North 00 degrees 29 minutes 00 seconds
West, 177.00 feet to a point;
said point being the POINT OF BEGINNING;
said tract or parcel containing 5.13 Acres
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ORDINANCE No. 2005-16
AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING
THAT THE CODE OF ORDINANCES, APPENDIX A-ZONING, ARTICLE
VII, USE PROVISIONS, SECTIONS 709.7, 711.13,712.22 AND 712.44,
CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING SAID
SECTIONS TO INCLUDE PROVISIONS FOR REGULATION OF
OUTSIDE STORAGE
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF SMYRNA, GEORGIA:
That Appendix A-Zoning, Article VII, Use Provisions, Sections 709.7,
711.13, 712.22 and 712.44, City of Smyrna, Georgia, be amended to read as
follows:
Sec 709.7 Limited retail sales. The following uses area permitted provided the limited
retail sales establishment does not exceed 1200 square feet of floor area and the
outside display, storage or sale of merchandise is limited to an area which is; within a
display area enclosed on all sides by a 6' high wall, under a building overhang/canopy or
located no greater than five feet from the exterior building wall.
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(1) Arts and crafts shops.
(2) Antique shops.
(3) Gift shops.
(4) Bridal shops.
(5) Boutique shops.
Sec 711.13 Retail establishments, including art, antique, apparel, appliance, book,
camera, clothing department, drug, fabric, florist, food, furniture, garden supply, general
merchandise, hardware, hobby, jewelry, music, notion, photographic supply, shoe,
sporting goods, stationery and toy stores, but not excluding similar retail establishments.
The size of any retail establishment shall be limited to 5,000 square feet of floor area.
Any manufacturing incidental to the retail business or service shall be limited to
occupying 20 percent or less of the total floor area. The outside display, storage or sale
of merchandise shall be limited to an area which is; within a display area enclosed on all
sides by a 6' high wall, under a building overhang/canopy or located no greater than five
feet from the exterior building wall.
See 712.22 Lumber, hardware and other building material establishments, provided that
the outside display, storage or sale of merchandise shall be limited to an area which is;
within a display area enclosed on all sides by a 6' high wall or fence, under a building
overhang/canopy or located no greater than five feet from the exterior building wall.
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See 712.44 Retail uses, provided that the making of products sold at retail on the
premises is incidental to the retail business and does not occupy more than 30 percent
of the total floor area of the establishment and the outside display, storage or sale of
merchandise shall be limited to an area which is; within a display area enclosed on all
sides by a 6' high wall, under a building overhang/canopy or located no greater than five
feet from the exterior building wall.
ORDINANCE No. 2005-16
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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 6th day of September, 2005.
Attest:
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A. Max Bacon, Mayor
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S san D. Hiott, City Clerk
Oty of Smyrna
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Approved as to form:
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Scott A. Cochran, City Attorney .
~eqnopterl October 17, 2005
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