Each category for zoning shall have a subhead thereunder to be known as "conditional" for that category.

Whenever any application for a change in the official zoning map is accompanied or supported by specific plans and design for a particular development and use, and the mayor and council, after a public hearing as provided for in section 1504, approve such specific plans and design and such particular development and use and also approve such change in the official zoning map, then the property may be rezoned for the proper category as set forth in this zoning ordinance of the City of Smyrna as "conditional" under that category and the building inspector shall issue a building permit for the development of such property only in strict compliance with the plans submitted.

Plans in support of the procedure outlined above shall be submitted in triplicate. Upon approval by the mayor and council they shall bear a certificate by the city clerk indicating said approval. One copy of said plan will be filed with the record of rezoning, one copy filed with the building inspector and one copy returned to the applicant.

If for any reason, development and use of property approved in accordance with the procedure outlined above cannot be accomplished, such plans shall not be altered, changed or varied, except after approval by the mayor and council.

The following conditions shall apply to all conditional developments:

(1)

The composition of the homes in a residential subdivision shall include a mixture of elements including; but not limited to: brick, stone, shake, hardy plank and stucco. No elevation shall be comprised of 100 percent hardy plank siding. The residences along external roadways shall not be permitted to utilize hardy plank for any elevation facing these roads.

(2)

The developer shall provide an undisturbed buffer with a minimum width of 20 feet parallel to any right-of-way external to the development.

(3)

There shall be protective covenants on all lots. These protective covenants shall be supplied to the city prior to the issuance of a building permit.

(4)

The developer shall provide at least 200 square feet of common space per lot. This common space shall be developed with improvements for the residential subdivision such as: gazebos, fountains, recreational/playground equipment or walking trails. The common space shall be controlled and maintained by the Homeowners Association.

(5)

The retention pond shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. The storm water detention plan shall be designed to create at least a ten percent reduction in a 100-year storm event. The city engineer shall approve all plans.

(6)

All utilities within the development shall be underground.

(7)

The developer shall be responsible for any traffic improvements (including additional right-of-way dedications) deemed necessary by either the city or the county during construction plan review. Sidewalks shall be provided by the developer inside the subdivision and outside the subdivision adjacent to any public right-of-way consistent with city's requirements for the extent of the development. A grass buffer with a minimum width of two feet shall be provided between the back of curb and sidewalk.

(8)

The developer shall install a deceleration lane at the entrance for the subdivision. The deceleration lane shall have a minimum length of 150 feet with a 50-foot taper.

(9)

A strip of brick pavers or stamped concrete shall be installed on the street at the subdivision entrance for a minimum distance of 20 feet.

(10)

The development of any streets (including private) shall conform to the city's standards for public right-of-ways.

(11)

No debris may be buried on any lot or common area.

(12)

The developer will install decorative streetlights within the development, subject to approval by the city engineer. Utilization of low intensity, environmental type lighting, the illumination of which shall be confined within the perimeter of the subject property through the use of "full-cutoff lighting".

(13)

The developer will comply with the city's current tree ordinance. All required tree protection measures shall be adhered to by the developer during construction.

(14)

All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. There shall be a landscaped front entrance, with monument, indicating the name of the development.

(15)

All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate.

(16)

Each individual lot shall have three four-inch caliper trees replanted per lot. The following species of trees may be used: Nuttall Oak, Swamp Chestnut Oak, Allee Elm, and Village Green Zelkova. Other species may be used if approved by the city.

(17)

A Level I Archeological Study shall be provided for the development. The developer shall verify to the city that any historical or archeological features (including civil war trench lines or evidence of encampments) identified in the study will be protected from development prior to the issuance of a permit for any land disturbance activities.

(Ord. of 12-29-77, § 1; Ord. No. 2004-17, 5-17-04; Ord. No. 2018-13, 10-1-18)

In the case of a corner lot which abuts any two intersecting streets, the minimum side yard setback for the side of the building or structure facing a street shall be two-thirds of the front yard setback for that street in the district as listed in article VIII. The front yard setback will be the same as listed in article VIII.

When a required buffer area would abut and be contiguous to an established buffer area which meets all requirements of this ordinance, then such additional required buffer area need not be established.

Lots which adjoin a public street in the front and rear shall provide the minimum required front yard on each street, except where such lot adjoins a limited access facility which provides no access to the lot.

The front yard setback requirements of this ordinance for dwellings shall not apply to any lot where the average existing building setback line on lots located wholly or in part within 200 feet on each side of such lot, within the same block and zoning district, and fronting on the same side of the same street as such lot, is less than the minimum setback required. In such cases, the setback on such lot may be less than the required setback but not less than the average of the existing setbacks on the aforementioned lots, or within ten feet of the street right-of-way, whichever is greater.

The height limitations of this ordinance shall not apply to church spires, belfries, cupolas, domes, transmission towers, chimneys, smokestacks, water tanks, derricks, conveyors, flagpoles, radio or television towers, and aerials.

(a)

Every part of a required yard shall be open to the sky and unobstructed except for the ordinary projections of sills, belt courses, cornices, eaves, chimneys, buttresses and other ornamental and architectural features, provided that such features do not project more than three feet into any required yard.

(b)

Reserved.

(c)

Notwithstanding other provisions of this ordinance, fences, walls, hedges, driveways, and buffer areas may be permitted in any required yard or along the edge of any yard provided that no fence, wall or hedge along the street sides of corner lots shall violate the corner visibility provisions of this ordinance, and that any fence in a required front yard in a residential district shall not exceed four feet in height.

(d)

Front yard projections: Projections associated with walkways and landings, including those associated with handicap access, may project into the front yard up to four feet provided it does not cover any more than 25 percent of the linear footage of the front of the structure and may be made out of any construction material. Projections into the front yard greater than four feet or projections which cover more than 25 percent of the linear footage of the front of the structure are only allowed if they are covered with a roof and are constructed of the same material or combination of materials that exists on the structure. Introduction of a material not existing on the structure is only permitted if said material does not exceed 30 percent of the new structure's area. If the proposed structure encroaches into required front yard setbacks or other ordinance regulations, a request for a variance must be filed.

(Ord. of 12-29-77, § 1; Ord. No. 2008-1, 1-22-08)

After April 2, 2007, no residential structure shall be built on a lot that has been platted but does not meet all requirements of the zoning category or designation applicable to the property.

Any request for deviation from the requirements of this ordinance shall be processed through the variance procedure set forth in Article XIV of "Appendix A-Zoning" of the Smyrna Code of Ordinances.

(Ord. No. 2007-3, 4-2-07)

Temporary buildings that are used in conjunction with construction work only may be permitted in any district during the period that the construction work is in progress, but such temporary buildings shall be removed upon completion of the construction work.