Whenever the public necessity, public convenience, general welfare or good zoning practice justify such action, this ordinance, including the official zoning map, may from time to time be amended by the mayor and council. The procedures for amending this ordinance shall be as provided in this article.

A petition to amend this ordinance may be initiated by one of the following:

(1501.1) The Smyrna City Council.

(1501.2) The Smyrna Planning Commission (with the approval of mayor and council).

(1501.3) Any person, firm, corporation or agency, provided that said individual, firm, corporation or agency is the owner (or the authorized agent of the owner) of the property involved in petition for amendment, and further provided that the petition is accompanied by a payment to the City of Smyrna which is adequate to defray the normal cost of processing.

Each application to amend the official zoning map shall be filed with the city clerk.

Each application shall include the following information:

(1502.1) A legal description of the tract(s) proposed to be rezoned.

(1502.2) A plat showing the dimensions, acreage and location of the tract(s) prepared by an architect, engineer or land surveyor whose state registration is current and valid. An appropriate seal shall be affixed to the plat.

(1502.3) The present and proposed zoning classification for the tract(s).

(1502.4) The name and address of the owner of the tract and his[/her] agent, if any.

(1502.5) A site plan at an appropriate scale showing the proposed use, location and dimensions of any existing and/or proposed buildings, including off-street parking areas, located on or to be located on the property to be rezoned.

(1502.6) Any other information which may be required by the city to ensure compliance with the provisions of this ordinance.

(1502.7) Any development that exceeds 100,000 net square feet or 75 dwelling units will be required to submit a traffic, water, sewer, and school impact statement. A development that is less than 100,000 net square feet or 75 dwelling units may be required to submit one or all of the above statements upon request.

(1502.8) A preliminary hydrology study for the proposed tract(s).

(1502.9) Provide a letter from the city's public works director or the county water system verifying water and sewer availability and capacity for all commercial development, mixed-use development or residential development with ten or more dwelling units. Also for such developments on the city's sanitary sewer system, in addition to any other fee required, the applicant must submit a fee of $1,000.00, to the city as payment for a capacity analysis done by the city or its delegee to study the impacts of the new development or redevelopment to the sanitary sewer system, and whether the sanitary sewer system has adequate capacity to support the wastewater from the new development or redevelopment.

(1502.10) A copy of the deed that reflects the current owner(s) of the property.

(1502.11) A copy of the paid tax receipts for the subject property or a signed statement by an official in the Tax Commissioner's Office.

(1502.12) A set of building elevations and floor plans, along with a description of exterior wall coverings and finishes to be used.

(1502.13) A Tree Protection Plan in accordance with section 106-36 of the city's Code of Ordinances.

(Ord. No. 2018-14, 10-1-18; Ord. No. 2020-12, 10-19-20)

Unless initiated by the planning commission or the city, all proposed amendments to the zoning ordinance or zoning shall be reviewed by the planning commission for recommendation. The planning commission shall study the need and justification for the change based on a determination of at least the following facts:

(1)

The possible effects of the change in the ordinance or map on the character of a zoning district; a particular piece of property; a neighborhood; a particular area; and/or the community.

(2)

The relationship that the proposed amendment bears to the purposes of the city's land used plan with due consideration as to whether or not the proposed change will help or hinder these purposes.

(3)

When deliberating on a zoning map change, the planning commission shall consider:

(a)

Amount of undeveloped land in the general area which has the same district classification as the map change requested; and

(b)

Availability of public services and facilities.

After completing its studies of the proposed amendment, the planning commission shall submit its report to the city council along with its recommendations as to what action shall be taken on the proposal. Said written report of the planning commission shall be read aloud at the public hearing, scheduled for city council review of the proposal. The recommendation of the planning commission shall have an advisory effect only and shall not be binding on the city council.

The planning commission shall have 30 days within which to submit its report. If the planning commission fails to submit a report within a 30-day period, it shall be deemed to have approved the proposed amendment.

(Ord. of 12-29-77, § 1; Ord. No. 2002-19, 11-18-02)

Before enacting an amendment to this ordinance, the mayor and council shall hold a public hearing or hearings in the manner specified by the zoning procedures law set forth in O.C.G.A. tit. 36. Notice for such hearing, including publication requirements and signage posting requirements shall be in accordance with the Zoning Procedures Law set forth in O.C.G.A. tit. 36. Within a reasonable time from the date of the last hearing on a petition to amend this ordinance, the city council shall render an official decision on the petition.

(Ord. of 12-29-77, § 1; Ord. of 12-7-87 (87-28), § 1; Ord. No. 2023-006, 6-5-2023)

Whenever the zoning procedures law set forth in O.C.G.A. tit. 36 requires a sign to be posted, then:

(1)

The notice, in addition to the requirements of section 1504 of this code section, shall include the location of the property, the present zoning classification of the property and the proposed zoning classification of the property;

(2)

The required signs shall be placed by the community development department, in a place conspicuous to the nearest public roadway on said property, shall not be less than six square feet in area, and shall contain the information required herein.

(Ord. of 6-2-86 (86-10), § 1; Ord. of 12-7-87 (87-29), § 1; Ord. No. 2023-006, 6-5-2023)

The mayor and council, in their sole discretion, may allow an amendment to an application or withdrawal of an application to amend this ordinance, by the applicant or applicant's agent, without prejudice to the applicant's ability to resubmit such application on the same property notwithstanding the 12-month resubmittal limitation required in this article, provided said application is withdrawn or amended on or before 5:00 p.m. on the Monday of the week preceding the council meeting at which it is to be considered by the mayor and council; however, no more than one withdrawal of an application pertaining to a particular parcel of land shall be permitted within a 12-month period. The mayor and council may also, on their own motion, amend or withdraw an application upon showing of cause of their actions, without prejudice.

(Ord. of 2-20-84 (84-2), § 1; Ord. of 1-7-85 (85-4), § 1)

An application for an amendment affecting the same property shall not be submitted more often than once every 12 months; however, this provision shall not apply to those properties affected by an amendment filed by the mayor and council or planning commission.

In the consideration of any zoning proposals, the planning commission and mayor and council in balancing the interest in promoting the public health, safety, morality or general welfare against the right to the unrestricted use of the property shall consider the following factors in their determination:

(1)

Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property;

(2)

Whether the zoning proposal or the use proposed will adversely affect the existing use or usability of adjacent or nearby property;

(3)

Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned;

(4)

Whether the zoning proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools;

(5)

Whether the zoning proposal is in conformity with the policy and intent of the land use plan;

(6)

Whether there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the zoning proposal;

(7)

Whether the development of the property under the zoning proposal will conform to, be a detriment to or enhance the architectural standards, open space requirements and aesthetics of the general neighborhood, considering the current, historical and planned uses in the area;

(8)

Under any proposed zoning classification, whether the use proposed may create a nuisance or is incompatible with existing uses in the area; and

(9)

Whether due to the size of the proposed use, in either land area or building height, the proposed use would affect the adjoining property, general neighborhood and other uses in the area positively or negatively.

(10)

Any other factor that the planning commission and mayor and council finds relevant in balancing the interest in promoting the public health, safety, morality or general welfare against the right to the unrestricted use of the property.

(Ord. of 12-7-87 (87-30); Ord. No. 2023-006, 6-5-2023)

(a)

There shall be maintained in the office of the city clerk, with a copy on file in the office of the community development director a copy of the zoning map, as adopted and amended from time to time, along with a printed copy of the procedures for zoning or rezoning property in the city.

(b)

The zoning procedures shall state the method of filing application for zoning or rezoning, required notices and advertising, and set forth the general procedure and requirements as stated in this zoning ordinance.

(c)

At the hearing before the planning commission and at the hearing before mayor and council:

(1)

The applicant shall present the proposed zoning, together with all facts necessary to make a determination on those facts.

(2)

The opposition, if any, may make a presentation or introduce evidence to support its or their position.

(3)

In the event more than one person or group wishes to present evidence, the chairman of the meeting may require one or more persons to act as a spokesman to avoid repetitious testimony.

(4)

The chairman of the meeting may limit, within a reasonable time as the circumstance shall dictate, the time allowed for any presentation or rebuttal provided that the proponents and opponents to the proposed zoning decision shall be given at least ten minutes per side. The proponents and opponents to the proposed zoning decision shall be given equal time.

(5)

In the event there is insufficient evidence to make a determination, the hearing may be continued for a reasonable time, from time to time, in the sole discretion of the hearing body.

(Ord. of 12-7-87 (87-31); Ord. No. 2023-006, 6-5-2023)

a.

Zoning appeals and appeals from the license and variance board shall be taken in the manner specified in O.C.G.A. § 36-66-5.1 and other applicable state laws.

b.

The city clerk, acting as the clerk for the license and variance board, shall have the authority to approve or issue any form of certificate necessary to perfect the petition described in [O.C.G.A. tit. 5] for review of lower judicatory bodies as contemplated by O.C.G.A. § 36-66-5.1.

c.

Service of such petition may be effectuated or accepted on behalf of the city by service upon the city clerk as contemplated by O.C.G.A. § 36-66-5.1.

d.

The city clerk is designated as the representative authorized to accept service of an appeal of a decision of the license and variance board as contemplated by O.C.G.A. § 36-66-5.1.

(Ord. No. 2023-006, 6-5-2023)

(1)

Any use of property not specifically permitted allowed under an existing zoning category, a commercial use in excess of 40,000 square feet of gross area (including outdoor retail display areas and storage areas or any use which also requires a permit from the state environmental protection division of the department of natural resources under the provisions of O.C.G.A. tit. 12, chs. 5, 8, or 9), may be temporarily allowed through a "special land use permit," issued by the mayor and city council.

(2)

Uses permitted under any zoning district shall not be permitted in a different zoning district through a special land use permit.

(3)

All applications for special land use permits shall be advertised and posted in the same manner as applications for rezoning. A public hearing will also be held in the same manner as applications for rezoning including the same application fee structure and notification of adjacent land owners.

(4)

The governing body of the city may grant a special land use permit for a period of time not to exceed 24 months except after reapplication, re-advertisement and public hearing. This time limit shall not apply to approval granted to commercial developments in excess of 40,000 square feet of gross area (including outside retail display areas and storage areas).

(5)

In order to approve the special land use permit the governing body of the city must determine that, in their sole discretion, the granting of the permit would meet the requirements contained in subsections 1510(5)(a) through (n) of this zoning ordinance as well as the following terms and conditions, which after grant shall become continuing conditions to the special land use permit, a violation of which may result in automatic revocation of such permit, to wit:

(a)

The use shall not have a significant adverse affect on the area or neighborhood in which the proposed use will be located.

(b)

The use shall not be significantly incompatible with zoning district or nearby districts.

(c)

The use will not result in creation of a nuisance as defined under state law.

(d)

The use shall not adversely affect the quiet enjoyment of surrounding property.

(e)

The use shall not adversely affect the property values of surrounding property.

(f)

The use shall make adequate provisions for traffic, water and sewage, according to a traffic, water, sewage and other appropriate utilities study prepared by a registered engineer, and approved by the mayor and city council, in its sole discretion.

(g)

The site or intensity of the use is appropriate.

(h)

Provisions are made, in writing, regarding appropriate hours of operation.

(i)

Adequate limits or controls are placed on deliveries, receiving, and shipping.

(j)

Fencing and landscape plans are incorporated in the plans and proposals to ensure appropriate transitions between the subject property and surrounding properties.

(k)

The public health, safety and welfare of the surrounding neighborhood will not be adversely affected.

(l)

The site is accessible without travel over residential streets as defined by the city.

(m)

The applicant has supplied sufficient evidence of bonding capacity, references, and financial strength, as required by the city, for the project under consideration.

(n)

Annual host fees shall be required for transfer centers, composting centers and landfills, as established from time to time, and on record with the city clerk's office, to the city.

(o)

All special land uses shall be located:

1.

Three thousand feet of any parcel of land which is either named or used for residential uses or purposes;

2.

Three thousand feet of any parcel of land upon which a church, school, governmental building, library, civic center, public park or playground is located;

3.

Five thousand two hundred eighty feet (one mile) of any parcel of land with the same or similar use.

4.

On not less than three acres of land containing at least 100 feet of road frontage.

a.

For the purposes of this section distance shall be by airline measurement from property line, using the closest property lines of the parcels of land involved.

(6)

All special land use permits issued by the governing body of the city shall be subject to revocation for, but not limited to, the following reasons:

(a)

For violation of any ordinance, expressly including zoning ordinances and parking regulations, when it appears that such ordinance was adopted for the purpose of regulating said business or land use.

(b)

For a failure to pay when due any obligation due the city, whether in connection with the operation of said land use or not.

(c)

When the land use becomes a nuisance, as described by ordinances of the city or state law.

(d)

When the land use is operated in violation of any law of the United States, State of Georgia or ordinance of the City of Smyrna.

(e)

Where the health, morals, interest and convenience of the public demand the revocation of such special land use permit.

(f)

Change in any:

(1)

Continuing condition of the use allowed hereunder;

(2)

The conditions herein contained; or

(3)

As described in subsections 1510(5)(a) through (n), of this zoning ordinance.

(7)

Application requirements for special land use permits (nonresidential use only). All applications for special land use permits shall be submitted in writing to the community development department with a copy provided to the city clerk's office and shall contain:

(a)

A copy of the current deed.

(b)

A current legal description.

(c)

Three copies of the plot plan and one boundary survey, providing they are not larger than 11 inches by 17 inches, provide five copies if larger, drawn to scale by a registered engineer, architect, land planner, or land surveyor currently registered in accordance with applicable state laws (plans must be stamped). The plot plan must show dimensions, adjoining streets with right-of-way (present and proposed), paving widths, the exact size and location of all buildings along with intended use, buffer areas, parking spaces, lakes, streams, utility easements, limits of 100-year floodplain, adjoining property owners, zoning of adjoining property, street address, and distance to nearest street intersection.

(d)

Signature of titleholder and applicant affirming under oath that the information contained in said application is true and correct.

(e)

Applicant or agent for applicant must attend public hearing or the application will not be considered.

(f)

If a septic tank is required, approval must be made by Cobb County Environmental Health prior to filing of application.

(g)

A filing fee, as determined by the governing body, must accompany each request. A schedule of filing fees approved by the governing body shall be maintained by the city administrator or his or her designee.

(h)

A copy of the paid tax receipt for subject property.

(i)

Notice for such hearing, including publication requirements and signage posting requirements shall be in accordance with the zoning procedures law set forth in O.C.G.A. tit. 36. Whenever the zoning procedures law set forth in O.C.G.A. tit. 36 requires a sign to be posted, then the required signs shall be placed by the community development department in a place conspicuous to the nearest public roadway on said property. Each sign shall not be less than six square feet in area and shall contain the information required herein. It shall be the applicant's responsibility to insure signs remain posted throughout advertisement period.

(j)

Revisions to application must be received no later than seven days prior to public hearing. Revisions made after this date shall not be considered.

Note: No application will be accepted by the community development department unless filled out in its entirety and all information provided.

(8)

Disclosure report by applicant.

(a)

All applications shall contain proof of compliance with O.C.G.A. § 67-67A-1 et seq.

(b)

All applications shall contain a verification, under oath, by the owner, applicant, and any agent submitting the same that the information contained therein is true and correct.

* Application [applicant] means any individual or business entity (corporation, partnership, limited partnership, firm, enterprise, franchise, association, or trust) applying for rezoning action.

** Copy to be filed with the City of Smyrna Community Development Department and city clerk along with a copy of the special land use application including a copy of the legal description of the property. Applicant's Signature Attorney's Signature

If Applicable

(Nonresidential use only) EXHIBIT "A" COMMUNITY IMPACT STUDY

Any special land use development is required to submit an impact study prepared by a registered engineer. This study shall address the following:

(A)

Traffic.

(1)

Existing traffic counts—Identify peak morning, afternoon and evening traffic.

(2)

Determine present level of capacity and location and amount of excess capacity of local roadway.

(3)

Project estimates of trips to be generated by proposed development for present and future traffic.

(4)

Study impacts upon road system abutting property and recommend improvements to physical layout of roadway for safe and efficient traffic operation.

(B)

Water.

(1)

Projected project usage calculations (including future development if project is phased).

(2)

Static and residual flow pressure tests on fire hydrant (within 1,000 feet of the project site).

(3)

Locations of nearest fire hydrant and line size along street frontage each direction from site.

(4)

Location, distance to, and size of nearest major trunk distribution water line.

(C)

Sewer.

(1)

Projected project flow calculations (including future development if project is phased).

(2)

Existing line size(s) at tie-in points with flow recording from downstream manhole (minimum 24 hours; weekday).

(3)

Where projects are located in basins with a pump station, provide current average daily flow and pump station capacity.

CONSENT OF CONTIGUOUS LAND OWNERS

TO ACCOMPANY APPLICATION
FOR SPECIAL LAND USE PERMIT

It is hereby acknowledged that ___________ has notified the undersigned that he or she intends to make an application to the appropriate City of Smyrna authorities for a special land use permit for the purpose of ___________ on the premises described in the application.

(Ord. No. 95-17, 11-16-95; Ord. No. 2004-16, 5-17-04; Ord. No. 2018-13, 10-1-18; Ord. No. 2023-006, 6-5-23)