Smyrna City Zoning Code

ARTICLE VII

USE PROVISIONS

Sec. 700.- Scope.]

This article identifies those uses of buildings, structures and land which are permitted within each of the 25 zoning districts. It is the intent of this article to promote the most desirable use of land in accordance with the "Smyrna Land Use Plan." Any use or use similar thereto which is not designated as permitted within a district shall be deemed to be prohibited.

(Ord. of 12-29-77, § 1; Ord. No. 2018-18, 10-1-18)

Sec. 701. - R-30, single-family residential district.

The R-30 district is comprised primarily of existing low density residential areas of the City of Smyrna, and vacant or open areas where similar residential development appears likely to occur. The intent of this section, in establishing the R-30 district, is to preserve and protect existing development, and to encourage similar and complementary type residential development together with associated recreational, religious and educational facilities.

Within any R-30 residential district, the following uses shall be permitted:

(701.1) Single-family detached dwellings, but not including mobile homes.

(701.2) Churches and other places of worship and accessory facilities provided that:

(1)

Any building or structure established in connection with such uses shall be set back not less than 75 feet from any property line, except where such property line is a street line, in which case the front yard setback established for the district shall apply.

(2)

Such uses shall be permitted only on a lot which has access to a major or minor thoroughfare.

(3)

The site must contain at least three acres and have at least 100-foot frontage on a public street.

(4)

No parking area shall be established within 20 feet of a residence.

(5)

[There is] a planted buffer strip along the side and rear property lines.

(6)

The mayor and council approves the location of such use.

(701.3) Home occupations (as defined in subsection 402.30) provided they conform to the requirements of section 505, and subject to approval by the mayor and council.

(701.4) Parks, playgrounds, community centers, swimming pools and other recreational facilities operated on a nonprofit basis and provided that:

(1)

All buildings and structures are located not less than 50 feet from any property line.

(2)

Outdoor activity shall cease by 11:00 p.m.

(3)

Lighting shall be established in such a way that adjacent properties and roadways are not adversely affected, and that no direct light is cast upon adjacent properties and roadways.

(4)

A swimming pool shall be enclosed by a fence having a height of not less than six feet.

(5)

Swimming pools shall be permitted only upon written approval of the Cobb County health department.

(6)

The mayor and council approves the location of such use.

(701.5) Schools: public elementary, middle, and high schools and private and parochial elementary and high schools having curriculums approximately the same as ordinarily given in public schools, provided that all buildings are located not less than 50 feet from any property line. Any lighting associated with night outdoor activities shall be established in such a way that adjacent properties and roadways are not adversely affected, and that no direct light is cast upon adjacent properties and roadways. The location of any schools within the R-30 district shall be subject to approval of the mayor and council.

(Ord. of 12-29-77, § 1)

Sec. 702. - R-20, single-family residential district.

The R-20 district is comprised primarily of existing low density residential areas of the City of Smyrna, and vacant or open areas where similar residential development appears likely to occur. The intent of this section, in establishing the R-20 district, is to preserve and protect existing development, and to encourage similar and complementary type residential development together with associated recreational, religious and educational facilities.

Within any R-20 residential district, the following uses shall be permitted:

(702.1) All uses permitted in the R-30 residential district.

(Ord. of 12-29-77, § 1)

Sec. 703. - R-15, single-family residential district.

The R-15 district is comprised primarily of existing low density residential areas of the City of Smyrna, and vacant or open areas where similar residential development appears likely to occur. The intent of this section, in establishing the R-15 district, is to preserve and protect existing development, and to encourage similar and complementary type residential development together with associated recreational, religious and educational facilities.

Within any R-15 residential district, the following uses shall be permitted:

(703.1) All uses permitted in the R-20 residential district.

(703.2) Day nurseries and kindergartens provided that:

(1)

Are located on a lot which such has access to a major or minor arterial.

(2)

The lot is a minimum of one-half acre in size and adjacent to a non-residentially zoned parcel. For the purposes of this section, adjacent shall also include parcels separated by a publicly dedicated right-of-way.

(3)

Enrollment shall be restricted to children between the ages of infancy and six.

(4)

There shall not be less than 35 square feet of usable space per child. Kitchens, bathrooms, closets, halls, storage areas or rooms, offices, rooms designated for staff use, other single use areas and space occupied by adult size furniture shall be excluded in determining usable space. The minimum size of the outdoor area must be equal to 100 square feet × one-third of the center's licensed capacity for children.

(5)

The outdoor play area shall occur only in the rear and shall be enclosed by a fence not less than four feet in height. A ten-foot wide landscape buffer as defined by section 503 shall be provided along any portion of the property which adjoins residentially-zoned property.

(6)

A semi-circular drive shall be provided for off-street loading and unloading of children.

(7)

The hours of operation shall be limited to between 7:00 a.m. and 6:00 p.m. Monday through Friday. No children shall be permitted to play or congregate outside before 9:00 a.m. No weekend operations shall be permitted.

(8)

All applicable state and county regulations are conformed with.

(Ord. of 12-29-77; Ord. No. 2006-16, 7-5-06; Ord. No. 2010-1, 3-15-10)

Sec. 703-A. - [R-12,] single-family residential district.

The R-12 district is comprised primarily of existing low-medium density residential areas of the City of Smyrna and vacant or open areas where similar residential development appears likely to occur. The intent of this section, in establishing the R-12 district, is to preserve and protect existing development and to encourage similar and complementary type residential development together with associated recreational, religious, and educational facilities.

Within any R-12 residential district, the following uses shall be permitted:

(703-A.1) All uses permitted in the R-15 residential district.

(Ord. of 12-29-77, § 1)

Editor's note— Section 1 of an ordinance adopted December 29, 1977, enacted provisions designated as sections 703.1.1 and 703.1.1.1, which the editor has redesignated as 703-A and 703-A.1 in order to avoid confusion in the numbering system and to facilitate future expansion of the sections.

Sec. 703-B. - [R-10,] single-family residential district.

The intent of this section, in establishing the R-10 district, is to promote the development of affordable single-family, owner-occupied detached dwelling units at a moderate density.

Within any R-10 residential district, the following uses shall be permitted:

(703-B.1) All uses permitted in the R-12 residential district.

(Ord. No. 2018-16, 10-1-18)

Sec. 703-C. - [R-8,] single-family residential district.

The intent of this section, in establishing the R-8 district, is to promote the development of affordable single-family, owner-occupied detached dwelling units at a medium-high density.

Within any R-8 residential district, the following uses shall be permitted:

(703-C.1) All uses permitted in the R-10 residential district.

(Ord. No. 2018-16, 10-1-18)

Sec. 704. - RDA, single-family residential attached and/or detached district.

The intent of this section, in establishing the RDA district, is to promote the development of single-family, owner-occupied attached and/or detached dwelling units at a low-medium density.

Within any RDA residential district, the following uses shall be permitted:

(704.1)

All uses permitted in the R-12 residential district.

(704.2)

Single-family attached dwellings which shall be owner-occupied and developed in accordance with the provisions of section 515, townhome standards.

(704.3)

Single-family attached subdivision in accordance with the provisions of sections 515 and 1013.

(Ord. No. 2018-17, 10-1-18; Ord. No. 2022-21, 9-9-22)

Editor's note— Ord. No. 2018-17, adopted Oct. 1, 2018, amended § 704 to read as herein set out. Former § 704 pertained to RAD, single-family residential attached and/or detached district, and derived from Ord. of Dec. 29, 1977.

Sec. 705. - RMC-8, multifamily residential district.

The intent of this section, in establishing the RMC-8 district, is to promote and provide for the development of two- and multifamily dwellings at a low-medium density.

Within any RMC-8 residential district, the following uses shall be permitted:

(705.1)

All uses permitted in the RDA residential district.

(705.2)

Two-family and multifamily dwellings.

(705.3)

Apartment development in accordance with the provisions of article X, section 1009.

(705.4)

Residential group projects in accordance with the provisions of article X, section 1013.

(705.5)

Community unit plans in accordance with the provisions of article X, section 1014.

(705.6)

Townhomes shall be developed in accordance with the provisions of section 515, townhome standards.

(Ord. of 12-29-77; Ord. No. 2018-17, 10-1-18; Ord. No. 2022-21, 9-9-22)

Sec. 706. - RM-10, multifamily residential district.

The RM-10 district is comprised primarily of existing medium density residential areas of the city, and suitable vacant or open areas where similar residential development appears likely to occur. The intent of this section, in establishing the RM-10 district, is to preserve and protect existing residential development and to encourage similar and complementary type residential development together with associated recreational, religious and educational facilities.

Within any RM-10 residential district, the following uses shall be permitted:

(706.1)

All uses permitted in the RMC-8 residential district.

(706.2)

Townhomes shall be developed in accordance with the provisions of section 515, townhome standards.

(706.3)

Multifamily dwellings.

(706.4)

Reserved.

(706.5)

Public uses other than schools including buildings, structures and uses of land by a unit of government provided there is no outdoor storage of equipment, vehicles or materials.

(706.6)

Day nurseries and kindergartens provided that:

(1)

The lot on which such uses are established shall have access on a major or minor thoroughfare.

(2)

(3)

The outdoor play area shall be enclosed by a fence not less than four feet in height.

(4)

A circular drive shall be provided for off-street loading and unloading of children.

(5)

All applicable state and county regulations are conformed with.

(706.7)

Public uses such as libraries, art galleries, and buildings, structures, and uses of land by a unit of government, provided that no building or structure is located less than 50 feet from any property line, provisions are made for a ten-foot buffer strip along all side and rear lot lines, and further provided that there is no outdoor storage of equipment or vehicles.

(Ord. of 12-29-77, § 1; Ord. No. 2010-1, 3-15-10; Ord. No. 2022-21, 9-9-22)

Sec. 707. - RM-12, multifamily residential district.

The RM-12 district is comprised primarily of existing medium density residential areas of the city, and suitable vacant or open areas where similar residential development appears likely to occur. The intent of this section, in establishing the RM-12 district, is to preserve and protect existing residential development and to encourage similar and complementary type residential development together with associated recreational, religious and educational facilities.

Within any RM-12 residential district, the following uses shall be permitted:

(707.1)

All uses permitted in the RM-10 residential district.

(707.2)

Nursing, convalescent, or rest homes not used primarily for the treatment of contagious diseases, alcoholics, drug addicts, or psychotics, provided:

(1)

Such facilities meet the requirements of the state board of health.

(2)

Plans receive approval from the county board of health and state fire marshal prior to issuance of a permit for construction and operation.

(707.3)

Townhomes shall be developed in accordance with the provisions of section 515, townhome standards.

(Ord. of 12-29-77, § 1; Ord. No. 2022-21, 9-9-22)

Sec. 707.1. - RD, residential duplex district; residential triplexes or quadraplexes.

The intent of this section, in establishing the RD district, is to promote and provide for the development of two-family dwellings at a low density; and within any RD district the following uses shall be permitted:

(707.1.1)

All uses permitted in the RDA residential district;

(707.1.2)

Two-family and multifamily dwellings;

(707.1.3)

Residential group projects in accordance with the provisions of article X, section 1013;

(707.1.4)

Community unit plans in accordance with the provisions of article X, section 1014.

(707.1.5)

Townhomes shall be developed in accordance with the provisions of section 515, townhome standards.

(Ord. of 6-15-81, § 1; Ord. No. 2018-17, 10-1-18; Ord. No. 2022-21, 9-9-22)

Sec. 707.2. - TD, multifamily residential district.

The intent of this section in establishing TD districts is to promote and provide for the development of single-family attached dwellings in a row or group, each house separated from adjoining houses in a row or group by architectural style, changing of facade, offsets, and by firewalls or fire separations, where ownership of each dwelling unit is in fee simple.

Within any TD residential district, the following uses shall be permitted:

(707.2.1)

All uses permitted in the RDA residential district;

(707.2.2)

Two-family and multifamily dwellings;

(707.2.3)

Residential group projects in accordance with the provisions of article X, section 1013;

(707.2.4)

Community unit plans in accordance with the provisions of article X, section 1014.

(707.2.5)

Townhomes shall be developed in accordance with the provisions of section 515, townhome standards.

(Ord. of 6-15-81, § 1; Ord. No. 2018-17, 10-1-18; Ord. No. 2022-21, 9-9-22)

Sec. 707.3. - RM-15, redevelopment district.

The RM-15 redevelopment district is established to provide for the complete redevelopment of existing apartment complexes into class A apartment complexes within the city limits or as part of an annexation request. The city recognizes the large inventory of apartment complexes which were constructed in the 1960's and 1970's and have begun to deteriorate. The RM-15 redevelopment district shall only be placed upon properties currently zoned RM-12 on the city's official zoning map.

Within any RM-15 redevelopment district, the following uses shall be permitted:

(707.3.1)

All uses permitted in the RM-12 residential district.

(707.3.2)

Nursing, convalescent, or rest homes not used primarily for the treatment of contagious diseases, addictions or disorders, provided:

(1)

Such facilities meet the requirements of the state board of health.

(2)

Plans receive approval from the appropriate county and state agencies prior to issuance of a permit for construction and operation.

(707.3.3)

Townhomes shall be developed in accordance with the provisions of section 515, townhome standards.

(Ord. No. 2011-11, 6-20-11; Ord. No. 2022-21, 9-9-22)

Sec. 708. - FC, future commercial district.

The FC district is comprised primarily of existing single-family residential areas whose character, because of major street widening or similar factors, is changing from residential to nonresidential. The intent of this section, in establishing the FC district, is to designate those residential areas for future commercial use; however, it is not the intent of this section to create additional districts of this type, nor to enlarge the limits of such districts. No immediate right to use or occupy these areas for commercial purposes shall be permitted until an applicant shall have regularly and properly been granted specific zoning for the purposes permitted in the LC, OI, NS, or GC districts.

Within any FC district, the following uses shall be permitted:

(708.1) Single-family dwellings.

(708.2) Churches and other places of worship and accessory facilities.

(708.3) Schools: public elementary, middle and high schools and private and parochial elementary, middle and high schools having curriculums approximately the same as ordinarily given in public schools.

(708.4) Other public uses, including buildings, structures and uses of land by a unit of government.

(Ord. of 12-29-77, § 1)

Sec. 708.1. - RHR, residential high-rise district.

The RHR district is comprised of suitable vacant or open areas where high density residential development appears likely to occur. The intent of this section in establishing the RHR district is to promote and encourage attractive high density multifamily housing in a suburban setting, compatible with surrounding uses and within the capability of existing public services and facilities.

Within any RHR district, the following uses shall be permitted:

(708.1.1) Multifamily uses.

(708.1.2) Apartment development in accordance with the provisions of section 1009.

(708.1.3) High-rise apartment development in accordance with the provisions of section 1015.

(708.1.4) Public uses, including buildings, structures, and uses of land by a unit of government, provided there is no outdoor storage of equipment, vehicles, or materials.

(Ord. of 8-15-77, § 1)

Sec. 709. - LC, limited commercial district.

The limited commercial district is comprised primarily of existing single-family residential areas whose character, because of major street widening or similar factors, is changing from residential to nonresidential. The intent of this section in establishing the LC district is to provide for commercial establishments whose operations would have a minimal adverse effect on adjacent residential areas. However, it is not the intent of this section to create additional districts of this type nor to enlarge the limits of such districts.

Within any LC district, the following uses shall be permitted:

(709.1) Automobile broker office.

(709.1.1) Barbershops and beauty shops and other similar personal service establishments.

(709.2) Business service establishments, including employment agencies and telephone answering service.

(709.3) Churches and other places of worship and accessory facilities.

(709.4) Day nurseries and kindergartens, provided that:

(1)

(2)

The outdoor play area shall be enclosed by a fence not less than four feet in height.

(3)

A circular drive shall be provided for off-street loading and unloading of children.

(4)

All applicable state and county regulations are conformed with.

(709.5) Financial institutions, including banks and savings and loan establishments.

(709.6) Offices, including the following:

(1)

Offices of health service practitioners, including physicians, surgeons, dentists, dental surgeons, dental labs, osteopathic physicians, chiropractors and other licensed practitioners similar to those listed and medical and dental laboratories.

(2)

Other professional offices, including legal, accounting, auditing, engineering, architectural, and others similar in character to those listed.

(3)

General business offices, including financial, real estate, insurance, manufacturers and sales representatives, and others similar in character to those listed, provided that no goods are for sale at retail.

(709.7) Limited retail sales: The following uses are permitted provided the limited retail sales establishment does not exceed 1,200 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 three sides by a wall no less than six feet in height or under a building overhang/canopy, or located no greater than five feet from the exterior building wall.

(1)

Arts and crafts shops.

(2)

Antique shops.

(3)

Gift shops.

(4)

Bridal shops.

(5)

Boutique shops.

(709.8) Parking lot and parking garage, both private and public.

(709.9) Dry cleaning and laundry pickup station only.

(709.10) Schools: public elementary, middle and high schools and private and parochial elementary and high school having curriculums approximately the same as ordinarily given in public schools, provided that all buildings are located not less than 50 feet from any property line. Any lighting associated with night outdoor activities shall be established in such a way that adjacent properties and roadways are not adversely affected, and that no direct light is cast upon adjacent properties and roadways. The location of any schools within the LC district shall be subject to approval of mayor and council.

(709.11) Other public uses such as libraries, art galleries, and buildings, structures, and uses of land by a unit of government, provided that no building or structure is located less than 50 feet from any property line, provisions are made for a ten-foot buffer strip along all side and rear lot lines, and further provided that there is no outdoor storage of equipment or vehicles.

(709.12) Animal hospitals and veterinary clinics provided that:

(1)

No open kennels or outside runs shall be allowed on the property.

(2)

No animals shall be housed overnight except when releasing the animal would be detrimental to the animal's health.

(3)

Any structure containing animals shall be insulated in such a way that no outside noise is detectable within ten feet of the structure.

(4)

All structures shall be located at least 100 feet from any property zoned or used for residential property.

(709.13) Non-emergency ambulance services provided:

The business is located on a lot which has direct access to a road classified as an arterial or major thoroughfare on the City's Thoroughfare Plan.

(Mo. of 3-10-75; Ord. of 12-29-77, § 1; Ord. of 12-6-82, § 1; Ord. of 9-16-91 (91-32); Ord. No. 96-04, 5-20-96; Ord. No. 96-05, 5-20-96; Ord. No. 2005-16, 9-6-05; Ord. No. 2009-7, 5-18-09; Ord. No. 2010-1, 3-15-10; Ord. No. 2013-08, 6-3-13; Ord. No. 2018-13, 10-1-18; Ord. No. 2020-10, 9-21-20)

Sec. 710. - OI, office-institutional district.

The intent of this section, in establishing the OI district, is to encourage the development of and provide areas suitable for offices of various types, public and private community uses and certain related activities.

Within any OI, office-institutional district, the following uses shall be permitted:

(710.1) Assembly halls, including union halls, conference halls, civic halls and activities of a similar nature. Such uses may include office space where incidental to the principal use.

(710.2) Ambulance service accessory to a hospital or funeral home.

(710.2.1) Automobile broker office.

(710.3) Churches and other places of worship and accessory facilities.

(710.4) Clinics, including medical, dental, chiropractic, osteopathic and similar operations, but not including the practice of veterinary medicine.

(710.5) Clubs and lodges catering exclusively to members and their guests.

(710.5.1) Day nurseries and kindergartens provided that:

(1)

Are located on a lot which such has access to a major or minor arterial.

(2)

(3)

The outdoor play area shall be enclosed by a fence not less than four feet in height.

(4)

A circular drive shall be provided for off-street loading and unloading of children.

(5)

All applicable state and county regulations are conformed with.

(710.6) Colleges, universities, business colleges, music conservatories, dancing schools and similar institutions, public or private, with or without students in residence.

(710.7) Cultural facilities, art galleries, museums, legitimate theaters, libraries, and other uses similar in character to those listed.

(710.8) Financial institutions, including banks and savings and loan establishments.

(710.9) Funeral homes, which may include one apartment for a caretaker provided the apartment is an integral part of the principal structure and not a freestanding unit and provided said apartment shall not be leased or rented to any second party.

(710.10) Health clubs and other similar physical fitness establishments.

(710.11) Hospitals.

(710.12) Medical and dental laboratories.

(710.13) Reserved.

(710.14) Nursing, convalescent, or rest homes, provided:

(1)

Such facilities meet the requirements of the state board of health.

(2)

Plans receive approval from the county board of health and state fire marshal prior to issuance of a permit for construction and operation.

(710.15) Offices, including the following:

(1)

Offices of health service practitioners, including physicians, surgeons, dentists, dental surgeons, osteopathic physicians, chiropractors and other licensed practitioners similar to those listed.

(2)

Other professional offices, including legal, accounting, auditing, engineering, architectural and others similar in character to those listed.

(3)

(4)

Governmental offices, including federal, state, county and city.

(710.16) Office supply establishments, including accessory printing operations.

(710.17) Parking lot and parking garage, both private and public.

(710.18) Planned office development in accordance with the provisions of section 1012.

(710.19) Public buildings and uses other than those already permitted, provided that there is no outdoor storage of equipment and materials.

(710.20) Retail sales and services accessory to the operation of an office building, institutional use, motel or hotel, conducted wholly within the building housing the use to which such activities are accessory, provided that the floorspace used for such secondary uses shall be limited to 25 square feet per room in a hotel or motel, or ten percent of the net floor area in an office building or institutional use, and provided that:

(a)

Every public entrance to such a use shall be from a lobby, hallway or other interior portion of the primary use structure.

(b)

No show window, advertising or display shall be visible from the exterior of the primary use structure.

(c)

No merchandise shall be stored or displayed outside of the primary use structure.

However, the requirements of [subsections] (a) and (b) above shall not apply to restaurants and cafeterias secondary to a hotel or motel and office building or institutional use; these secondary uses may be located in a structure other than the primary use structure. The following accessory uses are permitted:

(1)

Barbershops, beauty shops, laundry and dry cleaning pickup and distribution stations and other similar personal service establishments.

(2)

Bookstores.

(3)

Drugstores and apothecary shops.

(4)

Florists.

(5)

Convenience food stores.

(6)

Gift shops.

(7)

Cafeterias and restaurants.

(8)

Lounge and/or package store for the consumption and/or sale of alcoholic beverages.

(9)

Private clubs.

(10)

Newsstands.

(710.21) Schools: public elementary, middle and high schools and private and parochial elementary and high schools having curriculums approximately the same as ordinarily given in public schools, special schools for exceptional children, with or without students in residence, either public or private.

(710.22) Reserved.

(710.23) Reserved.

(710.24) Research and experimental testing laboratories, provided that there shall be no outdoor storage of materials, supplies or equipment, and provided that such laboratories do not (i) emit noise, vibrations, smoke, dust, gas, fumes or odors that are obnoxious, injurious or offensive; or (ii) create fire or explosion hazards; or (iii) become a nuisance to the surrounding property.

(Ord. of 8-15-77, § 1; Ord. of 12-29-77, § 1; Ord. of 6-6-88 (88-12); Ord. of 3-16-92 (92-03); Ord. No. 96-03, 5-20-96; Ord. No. 97-08, 4-7-97; Ord. No. 2003-23, 8-4-02; Ord. No. 2008-20, 12-1-08; Ord. No. 2010-1, 3-15-10; Ord. No. 2020-10, 9-21-20)

Sec. 711. - NS, neighborhood shopping district.

The intent of this section, in establishing the NS district, is to provide for the development of planned shopping centers and related limited retail activities, designed to serve the immediate neighborhood in which such uses are located.

Within any NS commercial district, the following uses shall be permitted:

(711.1) Planned shopping development in accordance with the provisions of section 1011.

(711.1.2) Automobile broker office.

(711.2) Automobile service stations, provided they are located in a planned shopping development, and further provided that no major auto repair shall be permitted and gasoline or other service facilities are located not less than 15 feet from any property line.

(711.3) Banks.

(711.4) Day nurseries and kindergartens, provided that:

(1)

The lot on which such uses are established shall have access on a major or minor thoroughfare.

(2)

(3)

The outdoor play area shall be enclosed by a fence not less than four feet in height.

(4)

A circular drive shall be provided for off-street loading and unloading of children.

(5)

All applicable state and county regulations are complied with.

(711.5) Electrical supply stores provided there is no outdoor storage of materials, supplies, equipment or vehicles.

(711.5.1) Emission and inspection stations provided that:

(1)

No temporary buildings and/or tents are to be utilized;

(2)

Paint colors shall be selected from the approved palate of Pantone Colors identified in section 717.173(b) of the Zoning Ordinance;

(3)

Subject to the requirements of the Sign Ordinance;

(4)

No licensed location for an emissions or inspection station shall be located closer than 1,000 feet to any similarly licensed emissions or inspection station location; and

(5)

If constructed in an existing parking lot, the facility and stacking lane shall not occupy any required onsite parking space or encroach into any minimum required driveway width.

(711.6) Laundry and dry cleaning pickup stations, and coin-operated laundries and dry cleaning establishments having not more than 2,000 square feet of floor area and no emission of steam.

(711.7) Package store for the sale of alcoholic beverages.

(711.8) Paint, glass and wallpaper stores.

(711.9) Parking lot and parking garage, both private and public.

(711.10) Photographic studios.

(711.11) Public uses including buildings, structures and uses of land by a unit of government.

(711.12) Restaurants, excluding drive-ins.

(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 three sides by a wall no less than six feet in height, or under a building overhang/canopy, or located no greater than five feet from the exterior building wall.

(711.14) Repair shops, including appliance, jewelry, shoe and radio and television, provided such repair services are conducted entirely within an enclosed building and generate no noise, odor or fumes which can be detected beyond the walls of the building in which provided.

(711.15) Personal service establishments, such as barbershops and beauty salons.

(Ord. of 12-29-77, § 1; Ord. No. 2005-16, 9-6-05; Ord. No. 2007-13, 8-20-07; Ord. No. 2009-2, 2-16-09; Ord. No. 2009-7, 5-18-09; Ord. No. 2010-1, 3-15-10; Ord. No. 2020-10, 9-21-20)

Sec. 712. - GC, general commercial district.

The GC district is comprised primarily of existing commercially developed areas within the City of Smyrna. It is the intent of this section, in establishing the GC district, to preserve existing commercial areas and encourage the continued concentration of general retail and commercial service activities, including those establishments oriented toward automobile traffic, so as to promote the orderly development and economic stability of such areas. Such uses normally require a location that is accessible to large numbers of people and that serves a substantial portion of the community.

Within any GC commercial district, the following uses shall be permitted:

(712.1) All uses permitted in the LC, OI, and NS commercial districts, except hospitals, schools, high-rise apartment development and nursing homes.

(712.2) Art shows and special events of community interest for periods not to exceed 14 days, provided that such events be conducted at least 100 feet from any residential district.

(712.3) Animal hospitals and veterinary clinics but excluding open kennels on the premises, provided that all structures shall be located at least 200 feet from any property zoned or used for residential purposes.

(712.4) Automobile and truck sales and service provided the minimum lot area is two acres or more.

(712.4.1) Automobile broker office.

(712.5) Automobile parts and tire stores, both retail and wholesale. The storage or display of tires associated with either one of these uses shall meet the following requirements:

(1)

Except as specifically allowed herein, there shall be no outside storage or display of tires;

(2)

Tires shall not be stored in a temporary building. Excluding normal day to day deliveries, tires shall not be stored in delivery trucks or semi-trailers;

(3)

Inside storage or display of tires shall not exceed 45 percent of the gross floor area of the building;

(4)

Outside display of tires shall only be permitted as follows:

All tires must be brought inside no later than one hour after the business closes for the day;

The display of tires shall be within a display area enclosed on three sides by a wall no less than six feet in height, or under a building overhang/canopy, or located no greater than five feet from the exterior building wall; and

Displays shall not obstruct ingress or egress of the building.

(712.6) Automobile repair (major and minor repairs), including body, paint, and glass shops, provided that all activities shall be carried on entirely within an enclosed building, and further provided that there is no open storage of wrecked or nonoperative vehicles or equipment.

(712.7) Automobile, truck, and trailer lease and rental establishments provided the minimum lot area is two acres or more.

(712.8) Automobile wash service, provided that a paved area shall be located on the same lot for the storage of vehicles awaiting service. Such parking space shall be adequate in size to accommodate the number of vehicles equal to one-third of the practical hourly capacity of the washing facilities.

(712.9) Bicycle sales and repair shops.

(712.9.1) Billiard and pool halls.

(712.10) Boat sales and repair, provided the minimum lot area is one acre or more, and all repair work is conducted entirely within an enclosed structure.

(712.11) Boarding and breeding kennels, provided that all structures shall be located at least 200 feet from any property zoned or used for residential purposes.

(712.12) Bowling alleys.

(712.12.1) Breweries, distilleries, wineries and brewpubs, including accessory tasting rooms:

Manufacturing shall be conducted within a wholly enclosed building.

(712.12.2) Carnivals and/or circuses, provided that such activities are not operated within any road right of way, easement for vehicular access or parking lot, and provided that carnival rides, concessions, and other such activities be conducted at least 250 feet from any residential district.

(712.13) Cold storage and freezer lockers.

(712.14) Contractors offices, including general building, heavy construction and special trade, provided there is no outdoor storage of equipment, materials or construction vehicles.

(712.15) Drive-in restaurants.

(712.16) Drive-in theater, provided that:

(1)

The theater screen, projection booth or other buildings shall be set back not less than 50 feet from any property line.

(2)

Driving and parking areas shall be paved.

(3)

Central loudspeakers shall be prohibited.

(4)

The theater screen shall not be visible from an expressway or major thoroughfare.

(5)

The distance of the screen, projection booth or other buildings shall be set back not less than 50 feet from any property line.

(712.17) Farm equipment sales and service, retail only.

(712.18) Greenhouse and horticultural nurseries.

(712.19) Golf or baseball driving range and miniature golf course, provided that central loudspeakers shall be prohibited and lighting for night use shall be established in such a way that no direct light is cast upon adjacent properties and roadways.

(712.20) Landing areas for rotary wing aircraft, provided they meet the standards set in the uniform design guide supplied by the Civil Aeronautics Board and Federal Aviation Administration.

(712.20.1) Landscape contractors, provided the storage of equipment, materials or commercial vehicles is conducted entirely within an enclosed building or in the rear yard of the property. The outside storage of equipment, materials and commercial vehicles must be screened from the public right-of-way and adjoining properties through the use of opaque fencing.

(712.21) Linen and diaper services.

(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 three sides by a wall no less than six feet in height, or under a building overhang/canopy, or located no greater than five feet from the exterior building wall.

(712.23) Miscellaneous personal services providing personal services not elsewhere classified such as steam baths, clothing rental, clerical and investigative services, porter services, provided such services are carried on within a permanent fully enclosed building and provided there is no outdoor storage and no emission of odors, smoke, or noise from the building in which housed.

(712.24) Mobile home and travel trailer sales.

(712.25) Locksmiths and gunsmiths.

(712.26) Motorcycle sales and service.

(712.27) Newspaper offices and printing plants incidental to such offices.

(712.28) Newsstands.

(712.29) Package stores for the sale of alcoholic beverages.

(712.30) Plumbing and heating equipment dealers, provided that there shall be no outdoor fabrication or storage of materials, supplies or equipment on the premises.

(712.31) Printing, publishing and reproducing establishments, including photoengraving, typesetting, electrotyping and stereotyping, and bookbinding and related work.

(712.31.1) Private dog park.

(712.32) Produce stands and open air markets, retail only.

(712.33) Radio and television broadcasting stations.

(712.34) Reserved.

(712.35) Stations and terminals for bus and rail passenger service.

(712.36) Stamp redemption stores.

(712.37) Tailor, dressmaking and millinery shops.

(712.38) Taxi stands and dispatching agencies.

(712.39) Telephone and other private utility business offices.

(712.40) Theaters (indoor).

(712.41) Truck and trailer lease and rental as an accessory use to an automobile service station, provided that:

(1)

The use shall not be established on a lot of less than one acre in area.

(2)

The use shall not occupy more than ten percent of the lot area.

No more than six trailers shall be permitted outdoors on the lot at any one time. The maximum body dimensions of four such trailers shall not exceed seven feet by nine feet. The maximum body dimensions of two such trailers shall not exceed seven feet by 14 feet.

(3)

No rental or lease of units other than or larger than those described above shall be permitted.

(4)

Parking areas for the permitted trailers shall be located only in portions of the lot where off-street parking is permitted, but no such area or space shall occupy spaces set aside for required off-street parking or use by cars awaiting service. No trailer shall be parked in any way which interferes with normal traffic flow to, within or out of the lot.

(5)

All parking areas shall be clearly marked and no unit shall be parked outdoors other than within such boundaries, except when being serviced.

(712.42) Archery and gun range (indoor).

(712.43) Service stations, provided all pumps and service facilities are located at least 15 feet from any property line.

(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 three sides by a wall no less than six feet in height, or under a building overhang/canopy, or located no greater than five feet from the exterior building wall.

(Mo. of 11-17-75; Ord. of 12-29-77, § 1; Ord. No. 95-06, 8-7-95; Ord. No. 95-07, 8-7-95; Ord. No. 95-08, 8-7-95; Ord. No. 95-10, 8-7-95; Ord. No. 97-11, 11-3-97; Ord. No. 2002-19, 11-18-02; Ord. No. 2005-16, 9-6-05; Ord. No. 2006-14, 6-19-06; Ord. No. 2008-6, 4-21-08; Ord. No. 2008-11, 8-18-08; Ord. No. 2009-5, 4-20-09; Ord. No. 2009-7, 5-18-09; Ord. No. 2009-12, 8-17-09; Ord. No. 2016-17, 6-6-16; Ord. No. 2018-13, 10-1-18; Ord. No. 2018-21, 12-17-18; Ord. No. 2019-20, 10-21-19; Ord. No. 2020-10, 9-21-20; Ord. No. 2021-10, 5-17-21)

Sec. 713. - OD, office-distribution district.

The intent of this section in establishing the OD district is to provide for office and distribution facilities not involving the manufacturing, fabrication, repair or servicing of any commodity or product and for limited commercial activities not devoted primarily to the retail sale of merchandise.

Within any OD, office-distribution district, the following uses shall be permitted:

(713.1) Financial institutions, including banks and savings and loan establishments.

(713.2) Health clubs and other similar physical fitness establishments.

(713.3) Animal crematory.

(713.4) Reserved.

(713.4.1) Miniwarehouses, for self-storage only and services accessory to the operation of the miniwarehouse including and limited to truck rental, provided the lot area is one acre or larger, the truck to property area ratio is not greater than two trucks per one acre of lot area, and the limited retail sale of storage related items. Miniwarehouses may include one apartment for a security guard or caretaker provided the apartment is an integral part of the warehouse complex and not a freestanding unit and provided said apartment shall not be leased or rented to any second party.

(713.5) Offices, including the following:

(1)

Offices of health service practitioners, including physicians, chiropractors and other licensed practitioners similar to those listed;

(2)

Other professional offices, including legal, accounting, auditing, engineering, architectural and others similar in character to those listed;

(3)

General business offices, including financial, real estate, insurance, manufacturers and sales representatives and others similar in character to those listed, provided that no goods are for sale at retail;

(4)

Governmental offices, including federal, state, county and city.

(713.6) Office supply establishments, including accessory printing operations.

(713.7) Parking lot and parking garage, both private and public.

(713.8) Planned office development in accordance with the provisions of article X, section 1012.

(713.9) Public buildings and uses other than those already permitted, provided that there is no outdoor storage of equipment and materials.

(713.10) Retail sales and services accessory to the operation of an office building, institutional use, motel or hotel, conducted wholly within the building housing the use to which such activities are accessory, provided that the floorspace used or to be used for such secondary uses shall be limited to 25 square feet per room in hotel or motel, or ten percent of the net floor area in an office building or institutional use, and provided that:

(a)

Every public entrance to such a use shall be from a lobby, hallway or other interior portion of the primary use structure;

(b)

No show window, advertising or display shall be visible from the exterior of the primary use structure; and

(c)

No merchandise shall be stored or displayed outside of the primary use structure.

(1)

Barbershops, beauty shops, laundry and dry cleaning pickup and distribution stations and other similar personal service establishments;

(2)

Bookstores;

(3)

Drugstores and apothecary shops;

(4)

Florists;

(5)

Convenience food stores;

(6)

Gift shops;

(7)

Cafeterias and restaurants;

(8)

Lounge and/or package store for the consumption, and/or sale of alcoholic beverages;

(9)

Newsstands.

(713.11) Wholesale trade sales and distribution establishments and warehousing facilities, including offices.

(Ord. of 3-3-80, § 1; Ord. of 1-7-85 (85-6), § 1; Ord. of 6-6-88 (88-13); Ord. No. 96-02, 5-20-96; Ord. No. 2024-001, 12-9-24)

Sec. 714. - LI, light industrial district.

The intent of this section, in establishing the LI district, is to provide areas within the city for the manufacture, storage, sale and distribution of goods and the conduct of related commercial and industrial activities. The LI district is comprised primarily of those existing industrial use areas that are located on or have ready access to major thoroughfares and/or rail facilities, and are well adapted to industrial development, but whose proximity to residential or commercial use areas makes it desirable to limit industrial operations and processes to those that are not objectionable in terms of the emission of noise, vibration, smoke, dust, gas, fumes, odors and do not create fire or explosion hazards, or other obnoxious conditions.

Within any LI industrial district, the following uses shall be permitted:

(714.1) Any industrial use which involves manufacturing, processing, or assembly operations or the storage and sale of heavy materials, products or equipment; but not including those uses which emit obnoxious, injurious or offensive noise, vibrations, smoke, dust, gas fumes or odors or create fire or explosion hazards or other objectionable conditions.

(714.2) Automobile and truck sales and service, provided the minimum lot area is one acre or more.

(714.3) Automobile, truck and trailer lease and rental establishments provided the minimum lot area is one acre or more.

(714.4) Automobile service stations, provided that all gasoline pumps shall be located at least 15 feet from any property line.

(714.4.1) Breweries, distilleries, wineries and brewpubs, including accessory tasting rooms:

Manufacturing shall be conducted within a wholly enclosed building.

(714.5) Business, medical, professional and contractors offices, including general building, heavy construction and special trade.

(714.6) Dry cleaning plants, provided that:

(1)

Dry cleaning plants using systems which make use of solvents rated at above 40 according to the Underwriters' Laboratories, Inc. Standard of Classification, known as Class II and III systems, shall not be established in buildings which shall be set back not [sic] less than 20 feet from any side or rear property line and another building.

(2)

The applicant for such a plant shall certify in writing at the time of application that all the above conditions shall be met.

(3)

Such dry cleaning plant shall comply with all of the requirements of the city, county and state fire prevention codes.

(4)

Such plant shall be designed to operate in a manner that will not emit smoke, odor, or objectionable waste materials and which will not produce noise that will carry beyond the walls of the building occupied by such plant.

(714.7) Eating establishments, including restaurants, drive-in restaurants and cafeterias.

(714.8) Electrical supply stores.

(714.8.1) Landscape contractors.

(714.9) Lumber, hardware and other building material establishments.

(714.10) Mobile home and travel trailer sale.

(714.11) Planned industrial parks in accordance with the provisions of section 1010.

(714.12) Plumbing and heating equipment dealers.

(714.13) Printing, publishing and reproducing establishments.

(714.14) Public buildings and uses.

(714.15) Railroad stations for freight.

(714.16) Repair services and trade shops, including sheetmetal, upholstering, electrical, plumbing, carpentry, sign painting and other similar activities.

(714.17) Research and experimental testing laboratories.

(714.18) Tire retreading and recapping plants.

(714.19) Truck terminals.

(714.20) Wholesale trade and distribution establishments and warehousing facilities, including offices.

(714.21) Within planned industrial parks, archery and gun ranges (indoor), provided they meet all federal regulations and the National Rifle Association standards governing such activities, as approved by the city building inspector and fire marshal.

(714.22) Reserved.

(714.23) Indoor recreational and outdoor facilities. Outdoor recreational facilities shall be screened when adjacent to residential property and operated only with the normal times that the facility is open to participants.

(Ord. of 12-29-77, § 1; Ord. No. 95-09, 8-7-95; Ord. No. 95-11, 8-7-95; Ord. No. 2012-25, 11-19-12; Ord. No. 2016-17, 6-6-16; Ord. No. 2018-21, 12-17-18; Ord. No. 2019-20, 10-21-19; Ord. No. 2020-16, 11-16-20)

Sec. 714.1. - HI, heavy industrial district.

The intent of this section, in establishing the HI district, is to provide areas within the city for the manufacture, storage, sale and distribution of goods and the conduct of related commercial and industrial activities. The HI district is comprised primarily of those existing industrial use areas that are located on or have ready access to major thoroughfares and/or rail facilities and are well adapted to industrial development. The HI district is established to provide locations for heavy industrial uses such as intensive automobile repair and service, heavy manufacturing, chemical manufacturing and storage, petroleum or petrochemical storage, and warehousing and storage.

Within any HI industrial district, the following uses shall be permitted:

(714.1.1)

Ambulance services.

(714.1.2)

Amusement centers, subject to the following minimum requirements:

Minimum acreage is five acres.

Such use shall not be located closer than 500 feet to any school property.

Such use shall not be located closer than 200 feet to any residential property line.

An overall parking and landscape plan shall be reviewed and approved by city staff. The plan will provide for safe and efficient vehicle and pedestrian circulation and aesthetics.

(714.1.3)

Animal hospitals.

(714.1.4)

Asphalt plants or concrete plants, subject to the following minimum standards:

A special land use permit is required as provided in section 1510 of the zoning ordinance.

Compliance with all applicable state and federal laws is required.

All necessary state and federal permits shall be obtained.

A spill containment plan shall be approved by city staff.

Minimum acreage is five acres.

No use shall be located closer than 1,000 feet to any residential dwelling or school.

Hours of operation shall be limited to daylight hours.

Noise abatement and air pollution abatement plans shall be approved by city staff.

(714.1.5)

Assembly halls.

(714.1.6)

Any industrial use which involves manufacturing, processing, or assembly operations or the storage and sale of heavy materials, products or equipment; but not including those uses which emit obnoxious, injurious or offensive noise, vibrations, smoke, dust, gas fumes or odors or create fire or explosion hazards or other objectionable conditions.

(714.1.7)

Automobile and truck sales and service, provided the minimum lot area is one acre or more.

Minimum of one acre of a paved surface is required for parking of vehicles, excluding any area used for, but not limited to buildings, offices, service or sales areas:

If any entity sells more than five cars per year, they are considered a dealer which requires a city occupational tax certificate.

All vehicles are required to be parked off any right-of-way or easement.

(714.1.8)

Automobile salvage and wrecking yards, subject to the following minimum requirements:

A special land use permit is required as provided in section 1510 of the zoning ordinance.

Such use shall be enclosed by a fence or wall not less than eight feet in height which provides visual screening.

No such activity may be conducted within 100 feet of any property line or 200 feet of any property zoned or used for residential purposes.

The incidental sale of auto parts removed from cars on the site shall be permitted.

(714.1.9)

Automobile storage yards and wrecker services for damaged or confiscated vehicles, subject to the following minimum requirements:

Such use shall be enclosed by a fence or wall not less than eight feet in height which provides visual screening.

No dismantling, repair or other such activity shall be conducted.

Such use shall be located at least 40 feet from any residential district or use.

Such automobiles shall not be held longer than provided by state and local law.

A special land use permit is required as provided in section 1510 of the zoning ordinance.

(714.1.10)

Automotive paint and body repair shops. Such uses shall not be established upon a lot which is either adjacent to or directly across the street from any residential district.

(714.1.11)

Automotive parking lots or garages.

(714.1.12)

Automotive repair and maintenance facilities.

(714.1.13)

Automobile service stations, provided that all gasoline pumps shall be located at least 15 feet from any property line.

(714.1.14)

Automotive upholstery shops.

(714.1.15)

Aviation airports (private).

A special land use permit is required as provided in section 1510 of the zoning ordinance.

(714.1.16)

Banks and financial institutions with drive-in establishments or automated transfer machines.

(714.1.17)

Biomedical waste disposal facilities or hazardous waste sites, subject to the following minimum requirements:

A spill containment plan shall be approved by city staff.

Such use shall not be located closer than 1,000 feet to any residential dwelling or school.

A special land use permit is required as provided in section 1510 of the zoning ordinance.

Such use shall be carried on within an enclosed building, with no outside storage of any materials or biomedical waste except for vehicles used for the operation.

All necessary state and federal permits shall be obtained.

Compliance with all applicable state and federal laws is required.

Minimum acreage is five acres.

The facility must be designed with an impervious liner.

The facility must have an on-site water purification system which returns water to a potable condition.

(714.1.18)

Boat sales and service.

(714.1.19)

Breeding and boarding kennels.

(714.1.20)

Breweries, distilleries, wineries and brewpubs, including accessory tasting rooms:

Manufacturing shall be conducted within a wholly enclosed building.

(714.1.21)

Building materials stores.

(714.1.22)

Bus stations and bus stations for freight.

(714.1.23)

Business, medical, professional and contractors offices, including general building, heavy construction and special trade.

(714.1.24)

Carwashes.

(714.1.25)

Cemeteries.

A special land use permit is required as provided in section 1510 of the zoning ordinance.

(714.1.26)

Churches, chapels, temples, synagogues, and other such places of worship.

(714.1.27)

Clinics.

(714.1.28)

Clubs or lodges (noncommercial).

(714.1.29)

Coliseums, stadiums. and convention centers (privately owned), subject to the following minimum requirements:

Minimum acreage is ten acres.

A special land use permit is required as provided in section 1510 of the zoning ordinance.

A traffic and parking plan shall be approved by the city engineer.

Hours of operation shall be approved by the board of commissioners at the time of the special land use permit public hearing.

A noise abatement plan shall be approved by the city council at time of the special land use permit public hearing.

(714.1.30)

Colleges and universities (private), including but not limited to research and training facilities.

(714.1.31)

Commercial greenhouses and plant nurseries, provided that all goods stored outside shall be stored in a designated area.

(714.1.32)

Commercial produce and agricultural product stands.

(714.1.33)

Community fairs.

(714.1.34)

Contractors (general, heavy or special).

(714.1.35)

Corporate or administrative offices.

(714.1.36)

Crematories, human or animal, with the following minimum requirements:

Minimum lot size is two acres.

When abutting any residential property line, a 50-foot natural or landscaped buffer shall be approved by city staff (see subsection (5) of this section).

A special land use permit is required as provided in section 1510 of the zoning ordinance.

All necessary state and federal permits, if any, shall be obtained.

(714.1.37)

Dairies.

(714.1.38)

Designated recycling collection locations.

(714.1.39)

Drive-in theaters, subject to the following minimum requirements:

Minimum acreage is two acres.

Driving and parking areas shall be paved.

The theater screen, projection booth or other buildings shall be set back not less than 50 feet from any property line (unless the front setback is greater).

The theater screen shall not be visible from an expressway, arterial or major collector roadway.

No damaged or confiscated vehicles shall be stored on-site.

(714.1.40)

Dry cleaning plants, provided that:

Dry cleaning plants using systems which make use of solvents rated at above 40 according to the Underwriters' Laboratories, Inc. Standard of Classification, known as class II and III systems, shall not be established in buildings which shall be set back not less than 20 feet from any side or rear property line and another building.

The applicant for such a plant shall certify in writing at the time of application that all the above conditions shall be met.

Such dry cleaning plant shall comply with all of the requirements of the city and state fire prevention codes.

(714.1.41)

Eating establishments, including restaurants, drive-in restaurants and cafeterias.

(714.1.42)

Electrical supply stores.

(714.1.43)

Emissions and inspections stations.

No temporary buildings/tents to be utilize.

(714.1.44)

Exterminators.

(714.1.45)

Farm equipment stores and repair establishments.

(714.1.46)

Farm and garden supply stores.

(714.1.47)

Film and movie studios.

(714.1.48)

Freight terminals.

(714.1.49)

Fuel and ice dealers.

(714.1.50)

Full service gasoline stations.

(714.1.51)

Golf courses, 18-hole regulation, public and private.

(714.1.52)

Golf courses, par 3.

(714.1.53)

Group homes.

(714.1.54)

Heavy automotive repair establishments.

(714.1.55)

Heavy manufacturing establishments, subject to the following minimum requirements:

A special land use permit is required as provided in section 1510 of the zoning ordinance.

Such use shall not be located closer than 500 feet to any residential property line.

Such use shall be carried on entirely within an enclosed building, with no outside storage except for vehicles used for the operation.

All necessary state and federal permits shall be obtained.

Compliance with all applicable state and federal laws is required.

(714.1.56)

Heavy repair service and trade shops.

(714.1.57)

Helicopter landing areas.

A special land use permit is required as provided in section 1510 of the zoning ordinance.

(714.1.58)

Indoor recreational and outdoor facilities. Outdoor recreational facilities shall be screened when adjacent to residential property and operated only with the normal times that the facility is open to participants.

(714.1.59)

In-home day care.

(714.1.60)

Landscape contractors.

(714.1.61)

Laundry and dry cleaning pickup establishments.

(714.1.62)

Light automotive repair establishments.

(714.1.63)

Light manufacturing establishments.

(714.1.64)

Linen and diaper services.

(714.1.65)

Livestock, nondomestic and wild animals, and poultry.

(714.1.66)

Lumber, hardware and other building material establishments.

(714.1.67)

Machine shops.

(714.1.68)

Mausoleums.

(714.1.69)

Medical and dental laboratories (with no limitations other than state and federal regulations).

(714.1.70)

Mining, subject to the following minimum requirements:

Removal or extraction of dirt, sand and soil is subject to the following:

The removal area shall be completely enclosed with a fence not less than six feet in height when considered necessary by the community development department.

ii.

Drainage plans and a plan for the development of the site when the removal is completed shall be submitted with the application for a development permit.

iii.

Such uses shall not be established within 500 feet of a residential use or 200 feet of any other use.

iv.

This subsection shall not prohibit the removal of earth and rock and filling and grading in any district done for land development purposes.

Removal or extraction of rock and gravel is subject to the following:

The removal area shall be sealed by fencing or grading or some other device from general public access. All entrances shall be fenced and locked during nonbusiness hours.

ii.

Drainage plans and a plan for the development of the site when the removal is completed shall be submitted with the application for a development permit.

iii.

The operational and removal area of such uses shall not be established within 4,000 feet of a residential use or 2,000 feet of any other use.

No mining shall be allowed except after advertisement of a public hearing by the city council for the purpose of determining whether or not any adverse effect would result to surrounding property owners and whether or not a nuisance, as defined by state law, would be created.

(714.1.71)

Mobile home and travel trailer sale.

(714.1.72)

Newspaper publishing facilities.

(714.1.73)

Nonautomotive repair service establishments.

(714.1.74)

Office service and supply establishments.

(714.1.75)

Other facilities for disposal of the deceased.

A special land use permit is required as provided in section 1510 of the Zoning Ordinance.

All necessary state and federal permits, if any, shall be obtained.

(714.1.76)

Outdoor commercial racing of motorcycles, automobiles, trucks, tractors and motorized vehicles, subject to the following minimum requirements:

A special land use permit is required as provided in section 1510 of the zoning ordinance.

All necessary state and federal permits, if any, shall be obtained.

A traffic impact study must be submitted with the application.

No damaged vehicles shall be stored on site for more than seven days.

A noise abatement plan and air pollution abatement plan shall be approved by the community development department.

Hours of operation shall be limited as per the city noise ordinance.

(714.1.77)

Outdoor golf driving ranges.

(714.1.78)

Parking for vehicles.

(714.1.79)

Petroleum or bulk storage facilities or chemical plants or storage facilities, subject to the following minimum standards:

A special land use permit is required as provided in section 1510 of the zoning ordinance.

Compliance with all applicable state and federal laws is required.

All necessary state and federal permits shall be obtained.

A spill containment plan shall be approved by the city fire marshal.

Minimum acreage is five acres.

No use shall be located closer than 1,000 feet to any residential dwelling or school.

Hours of operation shall be limited to daylight hours.

Noise abatement and air pollution abatement plans shall be approved by community development department.

A fire prevention, evacuation and safety plan shall be approved by the city fire marshal.

(714.1.80)

Planned industrial parks.

(714.1.81)

Plumbing and heating equipment dealers.

(714.1.82)

Printing, publishing and reproducing establishments.

(714.1.83)

Private community centers.

(714.1.84)

Private landfills, composting centers or recycling centers, subject to the following minimum requirements:

A special land use permit is required as provided in section 1510 of the zoning ordinance.

All necessary state and federal permits shall be obtained.

Compliance with all applicable state and federal laws is required.

Such facilities shall only be allowed in a heavy industrial zoning district, provided that the city council may grant a variance for filling of a specific natural land depression provided such fill shall not include garbage or other materials subject to decomposition.

Such facilities shall be approved by the city council after public hearing. Both a development permit from the community development department and written approval of the health department shall be issued before any landfill operation begins.

Such facilities shall be allowed only in areas incapable of development without landfill operations as determined by community development department.

No hazardous wastes as defined by state and federal law shall be disposed or discharged into the landfill site.

No garbage shall be disposed of within 2,000 yards of the public highway, a residence, or any gathering place unless approved by the board of commissioners.

Truck traffic routes and entrances to the facility shall be approved by the traffic engineer.

10.

The sanitary landfill site must be accessible without travel over residential streets.

11.

All sanitary landfills shall have and keep on their premises in good working order a crawler-type tractor equipped with either a straight blade bulldozer, an angle blade bulldozer, a scraper (eight cubic yards or larger), a front end loader, a bull clam, or other attachments of a similar nature. The combined weight of such tractor and accessories as set forth in this subsection shall be not less than 18,000 pounds.

12.

All sanitary landfills hereafter established or operated shall be enclosed with a fence at least six feet high with openings therein not more than those in two-inch mesh wire, or some other similar fencing materials or device. Such fencing shall be adequate to prevent paper and similar or related refuse from blowing from the landfill onto neighboring property.

13.

All sanitary landfills shall have an operator in attendance at all times when the fill is in use, and such fill must be barricaded when closed to the public.

14.

Any changes in the normal drainage of the property upon which the sanitary fill is located shall be accommodated by storm sewers as necessary to properly care for drainage. Such storm sewers shall be installed at the expense of the user.

15.

All operators of sanitary landfills must pack and cover daily all materials placed thereon with at least six inches of earth in such a manner as to prevent fires and meet any and all other requirements of the fire code. All completed landfills must be covered with at least two feet of earth. Burning of any kind of refuse on the landfill is prohibited.

16.

This section shall not prohibit the dumping for disposal by burial of dry waste building materials concurrently with and on the same property as a structure under construction. Such waste shall be covered with at least two feet of earth before occupancy of the structure, but no such waste may be buried within 20 feet of any structure, drainage easement or drain field.

(714.1.85)

Private parks.

(714.1.86)

Private schools of general and special education.

(714.1.87)

Pro shops, if accessory to driving ranges or golf courses.

(714.1.88)

Public buildings and uses.

(714.1.89)

Radio and television stations.

(714.1.90)

Radio, television and other communication towers and antennas, subject to section 1510 of the zoning ordinance.

(714.1.91)

Rail stations.

(714.1.92)

Railroad car classification yards.

(714.1.93)

Railroad stations for freight.

(714.1.94)

Recreation grounds other than tennis courts and golf courses.

(714.1.95)

Repair services and trade shops, including sheetmetal, upholstering, electrical, plumbing, carpentry, sign painting and other similar activities.

(714.1.96)

Research, development centers and experimental testing laboratories.

(714.1.97)

Reupholstery and furniture repair establishments.

(714.1.98)

Sawmills (temporary).

(714.1.99)

Self-service storage facilities.

(714.1.100)

Shelters (homeless).

(714.1.101)

Signs and outdoor advertising facilities.

(714.1.102)

Sports training facilities.

(714.1.103)

Taxi stands and taxi dispatching agencies.

(714.1.104)

Temporary uses.

(714.1.105)

Tire retreading and recapping plants.

(714.1.106)

Trailer salesrooms and sales lots.

(714.1.107)

Transportation equipment storage and maintenance facilities.

(714.1.108)

Truck terminals.

(714.1.109)

Utility facilities (private).

(714.1.110)

Vocational schools (commercial).

(714.1.111)

Warehouse and storage facilities.

(714.1.112)

Wholesale sales offices.

(714.1.113)

Wholesale trade and distribution facilities, including packing of wholesale commodities for distribution, subject to the following:

Unless in a district in which manufacturing is permitted, no fabricating of goods to be sold shall be permitted.

Unless in a district in which heavy manufacturing is permitted, no wholesaling activity shall be permitted which processes the goods handled in a manner that produces liquid or solid waste or noise, odor, fumes or dust which can be detected beyond the walls of the building in which such wholesaling activity is housed.

(714.1.114)

Wholesale trade offices in conjunction with office showrooms.

(714.1.115)

Within planned industrial parks, archery and gun ranges (indoor), provided they meet all federal regulations and the National Rifle Association standards governing such activities, as approved by the city building inspector and fire marshal.

(Ord. No. 2022-13, 6-6-22)

Sec. 715. - [TS,] tourist services [district].

The intent of this section in establishing the TS district is to provide areas within the city which provide facilities used primarily by tourists. It is the intent of this section in establishing the TS district to preserve existing tourist services areas and encourage the continued concentration of tourist services areas so as to promote the orderly development and economic stability of such areas. Such uses normally require a location that is readily accessible to the interstate highway system.

Within any TS district, the following uses shall be permitted:

(715.1) Motels and hotels.

(715.2) Extended stay motels and motels, provided that:

A 75-foot buffer shall be provided where it abuts single-family residential and a six-foot fence, or wall, placed on the property line.

Required area, yards and height requirements shall be the same as those specified for RM-12.

Distance between building structures: Building structures which are front face to front face or back face to back face or front face to back face shall be not less than 60 feet apart. Building structures which are side face to side face shall be not less than 30 feet apart. Building structures which are side face to front face or back face shall be not less than 40 feet apart.

Arrangement of buildings: No building structure shall be situated so as to face the rear of another building structure within the development or on adjoining properties, unless differences in terrain and elevation would provide effective visual separation or unless the units are more than 60 feet apart.

Structure length: Building structures shall not exceed 250 feet in length.

Recreation area: One acre of land shall be set aside as open space and be developed for recreational purposes for each 50 building units planned for the development in accordance with the assumed needs of the occupants (or a proportionate percentage for less than 50 building units). The minimum size of a single recreational area shall be 10,000 square feet.

No guest shall register, reside in, or occupy any room or rooms within the same licensed facility for more than a 90-day period.

(715.3) Churches and other places of worship and accessory facilities.

(715.4) Public buildings and uses other than those already permitted, provided that there is no outdoor storage of equipment and materials.

(715.5) Retail sales and services accessory to the operation of a motel or hotel, conducted wholly within the building housing the use to which such activities are accessory, provided that the floorspace used for such secondary uses shall be limited to 25 square feet per room, provided that:

Every public entrance to such a use shall be from a lobby, hallway or other interior portion of the primary use structure.

No show window, advertising or display shall be visible from the exterior of the primary use structure.

No merchandise shall be stored or displayed outside of the primary use structure.

However, the requirements of [subsections] a. and b. above shall not apply to restaurants and cafeterias secondary to a hotel or motel; these secondary uses may be located in a structure other than the primary use structure. The following accessory uses are permitted:

Barbershops, beauty shops, laundry and dry cleaning pickup and distribution stations and other similar personal service establishments.

Bookstores.

Drugstores and apothecary shops.

Florists.

Convenience food stores.

Gift shops.

Cafeterias and restaurants.

Lounge and/or package store for the consumption and/or sale of alcoholic beverages.

Private clubs.

10.

Newsstands.

(715.6) Schools; public elementary, middle and high schools and private and parochial elementary and high schools having curriculums approximately the same as ordinarily given in public schools, special schools for exceptional children, with or without students in residence, either public or private.

(715.7) Automobile service stations, provided that no major auto repair shall be permitted and gasoline or other service facilities are located not less than 15 feet from any property line.

(Ord. of 6-6-88 (88-14); Ord. No. 98-05, 3-16-98; Ord. No. 2018-13, 10-1-18)

Sec. 716. - [CBD,] central business district.

The intent of this section in establishing the [CBD] central business district is to promote a centralized business center of intense development of uses which benefit from close proximity to one another and which conform to specific design guidelines adopted by the city. Within the central business district the following uses shall be permitted:

(716.1) Automobile broker office.

(716.1.1) Colleges; universities, commercial schools; schools providing adult training in any of the arts, sciences, trade and professions; and dormitories for students or staff for hospitals.

(716.2) Day care centers, nursing homes, rest homes and homes for the aged.

(716.3) Dwelling, detached, attached, multifamily, townhouse, and condominiums. Townhomes shall be developed in accordance with the provisions of section 515, townhome standards. Properties in the urban design district shall be controlled by appendix E where a conflict exists with section 515.

(716.4) Eating and drinking establishments including restaurants, pubs, lounges, nightclubs and taverns provided it is located at least 100 feet from any residential structure located in a residential district.

(716.5) Noncommercial public recreation parks and playgrounds.

(716.6) YMCA's, buildings for social fraternal, social service, union and civic organizations, and comparable organizations.

(716.7) Institutional uses such as churches, synagogues, Sunday school buildings, community recreation centers, libraries, museums, theaters, and art galleries, police and fire stations, public and private elementary and high schools.

(716.8) Retail sales; apparel, department, furniture stores and stores for home furnishings and office supplies; automobiles and boats if wholly within a building; garden supply stores; secondhand goods; food stores, drugstores, camera equipment, jewelry, and souvenir shops; florists, card and stationery stores. No outside storage of goods is permitted.

(716.9) Repair services including automobiles if wholly within an enclosed building. No outside storage of equipment to be used in repair or parking of vehicles awaiting service.

(716.10) Professional business and general offices such as banks; radio and television stations and offices; clinics; medical, dental and doctors' offices; government and public utility office buildings; post offices; opticians' offices; and similar uses.

(716.11) Hotels, motels, room renting, and tourist houses.

(716.12) Services such as beauty shops and barbershops; exterminators; funeral homes, laundries and dry cleaning establishments; and locksmiths and gunsmiths.

(716.13) Restaurants, including open air cafes.

(716.14) Production, manufacturing, storage, warehousing and display uses such as manufacture of bakery goods for sale on the premises only; blueprinting and photostating; engraving; fabric samples assembling; dental, medical, and optical laboratories; mail order houses; printing and photoprocessing; and sign painting.

(716.15) Studios for artists; designers; photographers; musicians; sculptors; gymnasts; potters; wood and leather craftsmen; glass blowers; weavers; silversmiths; and designers of ornamental and precious jewelry.

(716.16) Bus passenger stations.

(716.17) Off-street parking as a principal use providing for public parking, private parking, or parking in conjunction with other permitted uses.

(716.18) Utility and related facilities such as distribution lines; railroad rights-of-way; and telephone repeater stations.

(716.19) Temporary buildings and storage of materials in conjunction with construction of a building on a lot where construction is taking place or on adjacent lots, such temporary uses to be terminated upon the completion of construction.

(716.20) Outside open market or private or public property for the selling of fresh food, not to be consumed on the premises, and plants, but shall require a special temporary permit issued by the city council.

(716.21) Telecommunications and telephone switching.

(716.22) Breweries, distilleries, wineries and brewpubs, including accessory tasting rooms:

Manufacturing shall be conducted within a wholly enclosed building.

(716.23) Private dog park.

(Ord. of 11-4-91 (91-38); Ord. No. 2018-21, 12-17-18; Ord. No. 2019-20, 10-21-19; Ord. No. 2020-10, 9-21-20; Ord. No. 2021-10, 5-17-21; Ord. No. 2022-21, 9-9-22)

Sec. 717. - [CDD], corridor design districts.

The intent of this section in establishing the (CDD) overlay districts is to promote orderly development of urban transportation corridors into mixed, but compatible uses, which implement the urban design concepts of the City of Smyrna Comprehensive Plan; complement the current development of the Central Business District; promote economic development of the city; promote high quality residential neighborhood development; enhance existing neighborhoods; minimize safety hazards to vehicles and pedestrians; and enhance the quality of life for Smyrna's citizens. These overlay districts shall include:

CDD-1

Atlanta Road

CDD-2

Spring Road

CDD-3

Windy Hill Road

CDD-4

South Cobb Drive

CDD-5

Concord Road

Section I: General Considerations

(717.1) Background. An accelerating economic revitalization is occurring on the major arterial corridors leading into the Central Business District of Smyrna and on South Cobb Drive. Much of this construction involves redevelopment or renovation of existing structures. In many sections of these corridors, the parcel geometry, building setbacks, vehicle access, signage and landscaping are obsolescent. These legacies represent the technologies and economic activities of past decades. Redevelopment offers the possibility of correcting features of the streetscape that are no longer appropriate, while contributing to the general economic development of the city.

Certain areas of Smyrna, particularly Atlanta Road, contain historical structures or buildings with distinct architectural styles which contribute to the quality of life of its citizens. The CDD overlay zones provide incentives for owners to preserve the integrity of historic buildings or architectural styles, while adapting them to current economic conditions. The design standards within these district regulations are very general, and do not have the specificity typically found in regulations for certified historic districts or landmarks. Nevertheless, owners of historic structures are urged to seek professional assistance when anticipating changes in external appearance, so that their original aesthetic integrity may be maintained.

The Corridor Design Districts (CDD) have been delineated by the City of Smyrna under its powers to regulate land use. They are composed of all parcels, tracts and structures located within their prescribed boundaries. Standards adopted for these districts include building setback lines; building heights; building spatial relationships; location and screening of parking; landscaping; signage location and specifications; location of building entrances; minimum and maximum lot sizes; conservation of significant natural features; pedestrian amenities; historical integrity; and general compatibility of architectural styles. The standards and regulations applying to the Corridor Design Districts are only mandatory for new construction, additions and site improvements. Projects involving only interior renovations; no change in gross floor areas; or no changes of signage are not subject to compliance with CDD regulations.

Several other codes and documents regulate construction in Smyrna. Federal and state adopted codes protecting safety of life and the access rights of disabled citizens shall have jurisdiction over any local governmental codes. Certain establishments such as nursing homes, day care centers, restaurants and hostelries have additional federal and state public health standards applied to them. Public health codes do not supersede zoning regulations, but rather they must be mutually compatible.

(717.2) Developmental history. Smyrna's urban fabric developed over a period of 150 years in response to a series of transportation improvements. Initially, crossroads hamlets sprang up along old Native American trading paths. In 1845 the Western and Atlantic Railroad closely paralleled the old trail leading between the Native American villages of Standing Peachtree and Etowah. Then, commercial and institutional buildings located near the intersection of Spring Street and Atlanta Road. The most important impetus for growth, however, arrived at the end of the 19th Century with the construction of the Atlanta and Marietta Electric Railway, an interurban transit line. During the next 40 years, numerous residential subdivisions and neighborhood shops were built next to transit shops. Small stores also began to spread down Spring Street, West Spring Street and Roswell Street.

During the 1920's and 1930's, the rough wagon roads were widened and paved. Atlanta Road became a section on the Dixie Highway, the main road between the Midwest and Florida. It began to experience increased auto-oriented commercial development. The other streets in Smyrna remained essentially residential in character. West of the railroad tracks, what is now known as Windy Hill Road, was named Cherokee Street and Jones Shaw Road. Roswell Street was probably the most important east-west connector. Concord Road quickly became a rural farm road as it departed the town limits.

The post-World War II era brought major physical changes to Smyrna. The early 1950's saw the construction of both major interurban highways and the first shopping centers. Both developments caused radical changes in Smyrna's urban fabric. The completion of four-lane U.S. 41 east of Smyrna shifted most intercity traffic away from Smyrna. Belmont Plaza shifted the destination of most east-west traffic to the north of the original town core. Jones Shaw Road, Cherokee Street and Windy Hill Road became very important arteries. During the late 1950's and early 1960's, these streets along with Concord Road and Spring Street experienced intensive residential development, typically brick ranchers on ¼—½ acre lots. During the early sixties, South Cobb Drive was constructed as an entirely new multi-laned thoroughfare. One of Atlanta's first shopping malls, Cobb Center opened at this time. By the late 60's, the sections of Windy Hill and Concord Roads near Atlanta Road were commercializing and Interstate 75 had been completed as far as Marietta. Smyrna's land development patterns were rapidly becoming incompatible with the exploding traffic volumes of the Atlanta metropolitan area.

During the last decade of the 20th Century, Smyrna has evolved from being in the economic backwaters of the Atlanta Region to being a nationally recognized model for urban revitalization. This remarkable renaissance has in turn, placed intensive redevelopment pressures on its arterial corridors. The 1970's and 1980's were typified by less dramatic road construction projects and general economic stagnation in Smyrna. A new route for Spring Road was cut diagonally to the southwest toward the downtown. Also, a railroad underpass and four-laned divided right-of-way for Windy Hill Road allowed traffic to flow more freely from the east into Central Smyrna. In the 80's, the city began development of its Community Center Complex and Cobb County widened, improved, and interconnected the Windy Hill Road-Cherokee Street-Jones Shaw Road corridor, eventually renaming the entire route Windy Hill Road. During this period, Cobb County and the Georgia DOT also completed a major upgrading of Atlanta Road with multiple lanes, sidewalks and landscaping. By the mid-1990's, Atlanta Road, Spring Road, Concord Road, Windy Hill Road and South Cobb Drive all were experiencing economic revitalization. The 1996 Comprehensive Plan for Smyrna recognized these accelerating changes, and recommended that the city institute special zoning and design standards to guide the redevelopment of these corridors so that obsolescent land use patterns and building geometry would not be reproduced in the new projects.

(717.3) District boundaries.

CDD-1, Atlanta Road.

The northern boundary shall be the southern boundary of the Downtown Design District (DDD-1) (just south of Concord Road). The southern boundary shall be the southern city limits of Smyrna on Atlanta Road. The eastern and western boundaries shall approximately be 1,800 feet on either side of Atlanta Road within the city limits of Smyrna. Please examine Map CDD-1 to determine the exact location of the boundaries. All parcels located inside the Smyrna City Limits and within or partially with these land lots shall be considered within the CDD-1: LL 558, 595, 596, 597, 627, 629, 630, 668, 669, 671, 698, 700, 701, 740, 741, 742, and 743. If any parcel is annexed by the City of Smyrna in the future, and is located within 1,800 feet of Atlanta Road, it shall be subject to the regulations of CDD-1.

CDD-2, Spring Road.

The western boundary shall be Atlanta Road. The eastern boundary shall be Cobb Parkway (U.S. 41.) The eastern and western boundaries shall approximately be 1,800 feet on either side of Spring Road within the city limits of Smyrna. All parcels located within or partially within these land lots shall be considered within the CDD-2: LL 559, 560, 593, 594, 631, 632, 662, 663, 703, 704, 737, 738, 775, 776, 809, 810, 846, 847, and 880. Only that portion of Land Lot 881 west of Interstate 285 shall be within the CDD-2. See Map CDD-2 for graphic description of boundaries. If any parcel is annexed by the City of Smyrna in the future, and is located within 1,800 feet of Spring Road, it shall be subject to the regulations of CDD-2.

CDD-3, Windy Hill Road.

The western boundary shall be Benson Poole Road at the Smyrna City Limits. The eastern boundary shall be Atlanta Road. The northern and southern boundaries shall be approximately 1,000 feet on either side of Windy Hill Road within the city limits of Smyrna. Please examine Map CDD-3 to determine the exact location of the boundaries. All parcels located inside the Smyrna City Limits and within or partially within these land lots shall be considered within CDD-3: LL 302, 303, 346, 347, 374, 375, 418, 419, 447, 490, and 491. If any parcel is annexed by the City of Smyrna in the future, is located within 1,000 feet of Windy Hill Road, it shall be subject to the regulations of CDD-3.

CDD-4, South Cobb Drive.

The northern boundary shall be Pat Mell Road at the Smyrna City Limits. The southern boundary shall be I-285 at the city limits. The eastern and western boundaries shall be approximately 1,800 feet on either side of South Cobb Drive within the city limits of Smyrna. Please examine Map CDD-4 to determine the exact location of the boundaries. All parcels located inside the Smyrna City Limits and within or partially within these land lots shall be considered within the CDD-4: LL 301, 302, 303, 344, 345, 346, 347, 348, 375, 376, 377, 378, 379, 380, 411, 412, 413, 414, 453, 454, 455, 481, 482, 483, 527, 528, 529, 550, 551, 552, 602, 603, 604, 620, 621, 622, 676, 677, 678, 688, 689, 690, 691, 692, 750, 751, 752, 753, and 754. If any parcel is annexed by the City of Smyrna in the future, is located within 1,800 feet of South Cobb Drive, it shall be subject to the regulations of CDD-4.

CDD-5, Concord Road.

The northern and southern boundaries shall be approximately 1,000 feet on either side of Concord Road. The western boundary shall be the eastern property lines of lots adjacent to South Cobb Drive. The eastern boundary shall be Downtown Design Districts 1 and 2. Please examine Map CDD-5 to determine the exact location of the boundaries. All parcels located inside the Smyrna City Limits and within or partially within these land lots shall be considered within the CDD-5: LL 413, 414, 451, 453, 485, 486, 522, 524, and 558. If any parcel is annexed by the City of Smyrna in the future, is located within 1,000 feet of Concord Road, it shall be subject to the regulations of CDD-5.

(717.4) Application procedure. The Smyrna Department of Community Development has primary responsibility for review of proposed projects in the Corridor Design Districts. It is recommended that property owners or developers submit conceptual design drawings of the proposed project to the Smyrna Department of Community Development for informal staff review prior to their application for a ground disturbance or building permit. This shall help prevent expenditures of financial resources for changes of construction documents. Conceptual designs may take the form of dimensioned sketches, or may be more refined. However, the graphics should enable staff to determine if there are obvious conflicts with applicable codes and regulations. Upon advice of staff and/or the planning commission, the city council may waive certain requirements of these district regulations when the geometry of a specific land parcel makes compliance impossible or creates an undue hardship.

Standard applications for zoning changes, ground disturbance permits, sign permits, and building permits shall be utilized for proposed projects in the Corridor Design Districts. All applications within the boundaries of these districts shall clearly state that the project is located within the (appropriate name) Corridor Design District. Procedures mandated in the City of Smyrna Zoning Ordinance, City of Smyrna Subdivision Ordinance, and the Standard Building Code (SBCC) shall be followed.

All projects within the Corridor Design Districts involving the demolition of, or exterior changes to, a building constructed before 1945 shall be first referred for review by the Smyrna Urban Design Commission. These regulations do not prohibit the demolition or renovation of existing structures. New or renovated structures may be more compatible with nearby properties. However, the recommendations of the UDC will be forwarded to the City of Smyrna's Planning and Zoning Commission to ensure implementation of the City of Smyrna's Comprehensive Plan.

If changes are requested by the city council, a revised site plan or set of construction drawings (whichever is applicable) must be signed and dated by the applicant, then submitted and approved by staff prior to issuance of any permits. Approval of a proposed project will be verified by a ground disturbance or building permit. Any significant variation which is not in compliance with the city's codes and ordinances will give sufficient grounds for the department of community development to issue a stop work order on the project, and possibly make the property owner, developer, and/or general contractor subject to civil penalties or judicial action.

(717.5) Determination of applicable code requirements. Whenever a conflict exists between the requirements of this section, and any other section of the Code or Ordinances of the City of Smyrna, or the State of Georgia, or the Federal Government, the more stringent of the two or more regulatory criteria applies, as determined by the staff of the City of Smyrna's Department of Community Development.

(717.6) Appeals procedure. If the city council denies an application, the applicant may follow an appeals procedure. However, any request for review by the city council which relates to these regulations shall be deferred until the next monthly meeting of the urban design commission, so that it may examine the original application and appeal, and make a recommendation to the city council. The appeal shall be received no less than 15 days before the DDRC's regular meeting date in order to be acted on.

Section II: Site Development Standards

(717.7) Property geometry.

(717.71) Development Areas:

(1)

Commercial.

Maximum:

CDD-1, adjacent to Atlanta Road = 5 acres

CDD-1, no new commercial allowed on secondary streets serving Atlanta Road

CDD-2, accessed by Spring Road - other sections of Zoning Ordinance apply

CDD-3, accessed by Windy Hill Road = 5 acres

CDD-5, adjacent to Concord Road = 5 acres

Minimum:

CDD-1, adjacent to Atlanta Road = 1 acre

CDD-1, no new commercial allowed on secondary streets serving Atlanta Road

CDD-2, accessed by Spring Road = 1 acre

CDD-3, adjacent to Windy Hill Road = 1 acre

CDD-4, accessed by South Cobb Drive = 1 acre

CDD-5, adjacent to Concord Road = 1 acre

CDD-2—5, accessed by side streets = 1 acre

(2)

Residential.

Minimum:

CDD-1, accessed by Atlanta Road = 3 acres (except redevelopment of single house)

CDD-1, accessed by secondary streets - other sections of Zoning Ordinance apply

CDD-2, accessed by Spring Road = 5 acres

CDD-3, accessed by Windy Hill Road = 3 acres (except redevelopment of single house)

CDD-3, accessed by secondary streets - other sections of Zoning Ordinance apply

CDD-4, accessed by South Cobb Drive = 3 acres (except redevelopment of single house)

CDD-5, accessed by Concord Road = 5 acres

(3)

Institutional.

Maximum:

CDD-1, adjacent to Atlanta Road - regulations of Zoning Ordinance

CDD-2, adjacent to Spring Road - other sections of Zoning Ordinance apply

CDD-3, adjacent to Windy Hill Road - other sections of Zoning Ordinance apply

CDD-4, adjacent to South Cobb Drive - other sections of Zoning Ordinance apply

CDD-5, adjacent to Concord Road - other sections of Zoning Ordinance apply

Minimum:

CDD-1, adjacent to Atlanta Road or secondary streets = 3 acres

CDD-2, adjacent to Spring Road - other sections of Zoning Ordinance apply

CDD-3, adjacent to Windy Hill Road or secondary streets = 3 acres

CDD-4, adjacent to South Cobb Drive or secondary streets = 3 acres

CDD-5, adjacent to Concord Road or secondary streets = 3 acres

(717.72) Legal Nonconforming Uses:

CDD-1—5, all parcels existing at the time of the adoption of this section, which do not conform thereto, shall be deemed to be legal nonconforming uses.

(717.8) Building orientation.

(717.81) Commercial and Institutional Buildings Adjacent to Primary Artery:

CDD-1—5 - The facades of commercial buildings facing the primary artery shall contain typical features of retail store fronts such as large windows, doors and architectural detailing.

CDD-1—5 - The entrances of institutional buildings shall face the primary artery.

CDD-1—5 - Truck loading docks, garbage dumpsters, storage of used packaging materials and garbage pickup shall not be visible from the public right-of-way.

(717.82) Commercial and Institutional Buildings on Secondary Streets:

CDD-1—5 - All loading docks, garbage cans, dumpsters, storage of used packaging materials and garbage pickup shall be from the rear of the building.

(717.83) Residential Adjacent to the Primary Arteries:

CDD-1 - New detached housing units, which have driveways entering directly into Atlanta Road, shall face Atlanta Road.

CDD-2—5 - New individual, detached housing units shall not be accessed from the primary artery.

CDD-1 - Detached and attached housing developments shall either face Atlanta Road, front private driveways, or otherwise not be visible from Atlanta Road.

(717.84) Residential on Secondary Streets:

CDD-1—5 - Detached housing units shall either face the primary artery, front a private driveway, or otherwise not be visible from a public right-of-way.

CDD-1—5 - Attached housing units may face a street or be oriented in another direction.

(717.9) Utilities.

(717.91) Electric Power and Telecommunication Lines:

CDD-1—5 - All future service lines leading into buildings shall be installed underground.

CDD-1—5 - All transformers and access panels shall be screened by landscaping or architecture and/or painted to match existing landscaping.

CDD-1—5 - No aboveground transmission line may pass over a parking lot.

(717.92) Radio Antennas and Satellite Signal Receivers:

CDD-1—5 - No satellite signal receiver greater than two feet in diameter (dish antenna) shall be visible from a public right-of-way.

CDD-1—5 - No radio or cellular telephone transmission towers shall be erected on parcels access by the primary artery.

(717.93) Natural Gas Lines:

CDD-1—5 - All gas meters shall be screened by landscaping and/or painted to match existing landscaping.

(717.94) Water and Sewer Lines:

CDD-1—5 - All water meters and sewer clean-outs shall be screened by landscaping and/or painted to match existing landscaping.

(717.10) Natural features.

(717.101) Promotion of Citywide Beautification:

CDD-1—5 - Every new commercial or institutional development shall plant and maintain a bed of jonquils or other appropriate flowers at a location visible from a public right-of-way.

CDD-1, 2, 3, 5 - Every new residential, commercial or institutional development adjacent to a primary street shall grant a landscaped easement, 15 feet in width, measured from the front property line. The minimum building setback shall be measured from the property line.

CDD-4 - Every new residential, commercial or institutional development adjacent to a primary street shall grant a landscaped easement, five feet in width, measured from the front property line. The minimum building setback shall be measured from the property line.

CDD-1—5 - Appropriate trees (1½-inch diameter or greater) shall be planted and maintained at average spacing of no more than 35 feet along the entire length of said buffer easement. Species recommended by the Smyrna Tree Preservation and Replacement Ordinance.

(717.102) Conservation of Natural Terrain and Streams:

CDD-2 - Any hill profile visible for a distance of one mile or more on Spring Road shall be maintained.

CDD-1—5 - When possible, any existing streams or ponds shall be maintained in a natural state.

CDD-1—5 - Sedimentation ponds shall not be visible from a public right-of-way. Screening shall be provided by topography, architecture or landscaping.

(717.103) Conservation of Vegetation:

CDD-1—5 - The owner and/or developer shall plan new construction which protects hardwood trees with diameters of greater than 24 inches, whenever possible. The locations of all tree species with diameters, measured three feet from the ground surface, 12 inches or greater shall be shown on site grading and development plans.

CDD-1—5 - All flowering trees and shrubs destroyed by construction shall be replaced by an equal number of the same or similar species.

(717.11) Site lighting, furniture and signage.

(717.111) Lighting:

CDD-1—5 - All parking lots shall be illuminated with Georgia Power's shoe box fixture or equal.

CDD-1—5 - All sidewalks and walkways on private land shall be illuminated with an acorn-top historic gaslight type fixture as provided by Georgia Power or equal.

(717.112) Mail Boxes:

CDD-1—5 - All future mail boxes for multifamily projects shall be installed outside the right-of-ways of public streets; preferably adjacent to parking lots or integral with buildings.

(717.113) Parcel Drop-off Boxes:

CDD-1—5 - All future parcel drop-off boxes (Federal Express, UPS, etc.) shall be located adjacent to a traffic lane on private property, reserved exclusively for that purpose.

(717.114) Signage:

CDD-1—5 - Regulations of Chapter 82- Signs under the Code of Ordinances apply.

(717.115) Landscaping:

CDD-1, 2, 3, 5 - Landscaping areas directly adjacent to the building shall equal a minimum of five percent of the gross floor area.

CDD-1—5 - Selections of species shall be based on the City of Smyrna Tree Preservation and Replacement Ordinance.

CDD-1—5 - Property owners who build water fountains or sculptures visible from the public right-of-way shall be awarded a ten percent bonus of floor area over that permitted by the regulations of their zoning district.

Section III: Transportation and Parking Design

(717.12) Access from primary arteries and secondary streets.

(717.121) Entrance Standards for All Developments on Primary Arteries:

CDD-1—5 - Designs for entrances and exits must be submitted for review by the city engineer, and approved in writing, before a grading permit will be issued.

CDD-1—5 - All entrance and exit lanes must be at least 24 feet wide curb to curb and meet all other standards set forth by the Codes and Ordinances of the City of Smyrna.

(717.122) Entrance Standards for Commercial and Institutional Developments on Secondary Streets:

CDD-1—5 - All entrance and exit lanes must be at least 24 feet wide curb to curb and meet all other standards set forth by the Codes and ordinances of the city.

(717.123) Entrance Standards for Residential Developments on Secondary Streets:

CDD-1—5 - Single-family driveways shall be at least 12 feet wide and have a minimum sight distance of at least 150 feet, or as required by the city engineer.

CDD-1—5 - Entrance roads for attached and multifamily projects shall be at least 20 feet wide and have a minimum sight distance of 250 feet, or as required by the city engineer.

(717.124) Curb Cuts on Primary Arteries:

CDD-1, 3, 5 - No curb cut shall be less than 150 feet from the nearest existing curb cut on the same side of the street.

CDD-2, 4 - No curb cut shall be less than 200 feet from the nearest existing curb cut on the same side of the street.

CDD-1—5 - All entrances and exits shall be clearly noted with free-standing entrance signs or bollards one to two feet high. These directional signs shall not be subject to the limitations on free-standing signs.

(717.13) Sidewalks and walkways.

(717.131) Sidewalks:

CDD-1—5 - Any commercial project that does not have a sidewalk shall have one installed and paid for by the owner when the property is developed or redeveloped.

CDD-1—5 - All sidewalks shall have handicapped ramps when crossing either public or private traffic lanes, and be fully accessible to all handicapped persons.

CDD-1—5 - Sidewalks adjacent to primary arteries shall be a minimum of five feet wide and shall be set back two feet from the curbs, or aligned with existing sidewalks in front of adjacent properties.

CDD-1—5 - Sidewalks adjacent to secondary streets shall be a minimum of five feet wide and shall be set back two feet from the curbs, or aligned with existing sidewalks in front of adjacent properties.

(717.132) Walkways:

CDD-1—5 - All residential developments and office parks larger than ten acres shall contain a separate pedestrian circulation system, not parallel to the vehicular road system, which interconnects buildings to recreation areas and the sidewalks on the public road system.

CDD-1—5 - The walkways shall be at least four feet wide.

CDD-1—5 - It shall be permissible to ride bicycles and self-propelled wheelchairs on these walkways.

(717.14) Parking facilities.

(717.141) Location:

CDD-1—5 - Parking requirements for the appropriate zoning district apply unless the owner is renovating a structure built before 1945. In such case, maintenance of existing parking areas shall be accepted as being in compliance with all applicable local ordinances.

CDD-1—5 - When possible, the majority of parking spaces should either be located in the rear or the side of buildings.

CDD-1—5 - Parking aisles shall be oriented perpendicular to the building entrances.

(717.142) Design:

CDD-1, 2, 3, 5 - A minimum of ten percent of the gross area of the parking lots shall be devoted to landscaping. The landscaping shall proceed from the rear of the proposed building forward.

CDD-4 - A minimum of five percent of the gross area of the parking lots shall be devoted to landscaping. The landscaping shall proceed from the rear of the proposed building forward.

CDD-1—5 - Parking lots in the fronts of buildings shall have landscaped medians between lines of parking spaces on alternate lines (approximately every 90 to 100 feet).

CDD-1, 2, 3, 5 - A landscaped buffer of no less than 15 feet shall separate all new or expanded parking lots from any public right-of-way.

CDD-4 - A landscaped buffer of no less than five feet shall separate all new or expanded parking lots from any public right-of-way.

CDD-1—5 - All parking lot medians or buffers shall have trees of species approved by the City of Smyrna Tree Preservation and Replacement Ordinance, spaced no less than 25 feet apart.

Section IV: Building Design Criteria

(717.15) Spatial relationships.

(717.151) Height Limitations:

CCD-1, 3, 5 - The height of an occupied building shall not exceed either 35 feet or the height of a building on an adjacent parcel; whichever is greater, unless the distance from the nearest building exceeds 200 feet.

CDD-2, 4 - The height of an occupied building shall not exceed the numerical value of the distance between it and the nearest structure, unless it is a planned unit development.

CDD-2, 4 - The height of an occupied building shall not exceed the height of buildings on adjacent tracts by a factor of greater than 400 percent, unless it is in a planned unit development.

(717.152) Width Limitations:

CDD-1—5 - The width of individual buildings accessed by the primary artery shall not exceed 75 percent of the minimum width of the lot, unless said building(s) are part of a planned unit development.

(717.153) Planned Unit Developments:

CDD-1—5 - A planned unit development shall be defined as a commercial, institutional or residential development that has a total area of ten acres or greater, and whose plan has been reviewed by the city planning commission and approved by the mayor and city council.

CDD-1—5 - The height and width of buildings in planned unit developments shall be governed by the regulations in the Standard Building Code and the City of Smyrna's Zoning Ordinance.

(717.16) Building setbacks.

(717.161) Atlanta Road Corridor:

CDD-1 - Renovation Front Yards - Additions to existing structures may reduce the front yard setback from the public right-of-way by 15 percent, upon review by the City of Smyrna Planning Commission and approval of a variance by the mayor and city council.

CDD-1 - Redevelopment Front Yards - New construction shall either have building setback line of no less than 90 percent of the building formerly on that parcel or a building on an adjacent parcel.

CDD-1 - New Construction on Land Never Developed - No less than 90 percent of the setback line of the nearest existing structure on the same side of the road, unless a variance is approved by the mayor and city council.

Side yards = 10 feet;

Rear yards = 25 feet.

CDD-1 - Adjacent to Secondary Streets - Setbacks and building lines as required by other sections of the City of Smyrna Zoning Ordinance.

(717.162) Spring Road Corridor:

CDD-2 - Adjacent to Spring Road

Minimum front yard = 50 feet;

Maximum front yard = 100 feet;

Minimum sideyard = 35 feet;

Minimum rear yard = 100 feet.

CDD-2 - Adjacent to Secondary Road

Minimum front yard = 50 feet;

Maximum front yard =100 feet;

Minimum side yard = 15 feet;

Maximum front yard = 50 feet.

(717.163) Windy Hill Road Corridor:

CDD-3 - Renovation Front Yards - Additions to existing structures may reduce the front yard setback from the public right-of-way by 15 percent, upon review by the City of Smyrna Planning Commission and approval of a variance by the mayor and city council.

CDD-3 - Redevelopment Front Yards - New construction shall either have building setback line of no less than 90 percent of the building formerly on that parcel or a building on an adjacent parcel.

CDD-3 - New Construction on Land Never Developed - No less than 90 percent of the setback line of the nearest existing structure on the same side of the road, unless a variance is approved by the mayor and city council.

Side yards = 10 feet;

Rear yards = 50 feet.

CDD-3 - Adjacent to Secondary Streets - Setbacks and building lines as required by other sections of the City of Smyrna Zoning Ordinance.

(717.164) South Cobb Drive Corridor:

CDD-4 - Renovation Front Yards - Additions to existing structures may reduce the front yard setback from the public right-of-way by 15 percent, upon review by the City of Smyrna Planning Commission and approval of a variance by the mayor and city council.

CDD-4 - Redevelopment Front Yards - New construction shall either have building setback line of no less than 90 percent of the building formerly on that parcel or a building on an adjacent parcel.

CDD-4 - New Construction on Land Never Developed - No less than 90 percent of the setback line of the nearest existing structure on the same side of the road, unless a variance is approved by the mayor and city council.

Side yards = 20 feet;

Rear yards = 50 feet.

CDD-4 - Adjacent to Secondary Streets - Setbacks and building lines as required by other sections of the City of Smyrna Zoning Ordinance.

(717.165) Concord Road Corridor:

CDD-5 - Renovation Front Yards - Additions to existing structures may reduce the front yard setback from the public right-of-way by 15 percent, upon review by the City of Smyrna Planning Commission and approval of a variance by the mayor and city council.

CDD-5 - Redevelopment Front Yards - New construction shall either have building setback line of no less than 90 percent of the building formerly on that parcel or a building on an adjacent parcel.

CDD-5 - New Construction on Land Never Developed - No less than 90 percent of the setback line of the nearest existing structure on the same side of the road, unless a variance is approved by the mayor and city council.

Side yards = 10 feet;

Rear yards = 50 feet.

CDD-5 - Adjacent to Secondary Streets - Setbacks and building lines as required by other sections of the City of Smyrna Zoning Ordinance.

(717.17) Building character.

(717.171) Visibility for All New or Renovated Buildings:

CDD-1—5 - All entrances of commercial and institutional buildings shall be visible from the public right-of-way.

CDD-1—5 - All structures shall have their street number on the front facade in letters that are legible from the public right-of-way.

(717.172) Architectural Compatibility:

CDD-1 - All new construction shall be rendered in an architectural style typical of Cobb County in the period 1845—1945.

CDD-1 - When possible, the footprint of new structures should be similar to that of the previous structure(s) on the site, or neighboring buildings.

CDD-1, 3, 5 - All new structures shall have sloped roofs of at least 6/12 pitch.

CDD-1—5 - There are no architectural compatibility standards for new buildings constructed on secondary streets.

(717.173) Facade Materials and Colors:

CDD-1 - Facade materials shall be typical of those used in Cobb County, 1845—1945.

CDD 1—5 - The materials utilized shall be one or more colors known as muted earth tones. The term muted earth tone shall be limited to the following colors derived from the Pantone color system: Warm Gray 1, Warm Gray 2, Warm Gray 4, Warm Gray 5, Warm Gray 6, Warm Gray 7, Warm Gray 8, Warm Gray 9, Cool Gray 6, Cool Gray 8, Cool Gray 9, Cool Gray 10, 406, 407, 408, 410, 413, 414, 434, 436, 437, 451, 452, 453, 4535, 454, 4545, 4645, 465, 1405, 4655, 466, 4665, 467, 468, 4715, 4725, 5527, 5565, 5575, 5615, 5625, 5655, 5665, 5747, 5773, 5777, 5787, 5793, 5797, 5803, 5807, 5855, 5865, 5875, 726, 728, 9060, 9143, 9160, 9161, 9162, 9163, 9183, and 9223.

CORRIDOR DESIGN STANDARDS CHECK LIST

C D D 1	C D D 2	C D D 3	C D D 4	C D D 5	SECTION	PROJECT COMPONENT	REQUIREMENT
717.7: Property Geometry
/					717.71	Development Areas	Commercial - Maximum adjacent to Atlanta Rd. = 5 ac.
/						Commercial	No new commercial allowed on secondary streets
		/				Commercial	Maximum accessed by Windy Hill Rd. = 5 ac.
				/		Commercial	Maximum accessed by Concord Rd. = 5 ac.
/						Commercial	Minimum adjacent to Atlanta Rd. = 1 ac.
	/					Commercial	Minimum accessed by Spring Rd. = 1 ac.
		/				Commercial	Minimum accessed by Windy Hill Rd. = 1 ac.
			/			Commercial	Minimum accessed by South Cobb Dr. = 1 ac.
				/		Commercial	Minimum accessed by Concord Rd. = 5 ac.
/						Residential	Minimum accessed by Atlanta Rd. = 3 ac.
	/					Residential	Minimum accessed by Spring Rd. = 5 ac.
		/				Residential	Minimum accessed by Windy Hill Rd. = 3 ac.
			/			Residential	Minimum accessed by South Cobb Dr. = 3 ac.
				/		Residential	Minimum adjacent to Concord Rd. = 5 ac.
/						Institutional	Minimum adjacent to Atlanta Rd. = 3 ac.
		/				Institutional	Minimum adjacent Windy Hill Rd. = 3 ac.
			/			Institutional	Minimum adjacent to South Cobb Dr. = 3 ac.
				/		Institutional	Minimum adjacent to Concord Rd. = 3 ac.
					717.72	Nonconforming Uses	All nonconforming uses at the time of adoption shall be legal
717.8: Building Orientation
(	(	(	(	(	717.81	Primary Artery	Commercial buildings front facades shall contain store fronts, etc.
/	/	/	/	/		Primary Artery	Institutional buildings entrances shall face the primary artery
/	/	/	/	/		Primary Artery	Building services not visible from r.o.w.
/	/	/	/	/	717.82	Primary Artery	Building services located at rear of structures
/					717.83	Primary Artery	New detached houses w/ Atlanta Rd. entrance shall face Atlanta Rd.
	/	/	/	/		Primary Artery	New detached houses shall be accessed from primary artery
/						Primary Artery	Housing shall face road, front private driveways or not be visible
	/				717.84	Secondary	Housing shall face road, front private driveways or not be visible
/		/	/	/		Secondary	Attached housing may face street or be oriented otherwise
717.9: Utilities
/	/	/	/	/	717.91	Electric	All future service shall be underground
/	/	/	/	/		Electric	All transformers and panels shall be screened from public r.o.w.
/	/	/	/	/		Electric	No above ground transmission line may be above a parking lot
/	/	/	/	/	717.92	Satellite Receiver	No satellite receiver > 2 ft. shall be visible from public r.o.w.
/	/	/	/	/		Antenna- Towers	No radio-cellular transmission sites entered from primary artery
/	/	/	/	/	717.93	Water-Sewer	All water meters-sewer clean-outs screened from r.o.w.
/	/	/	/	/	717.94	Natural Gas	All gas meters shall be screened from r.o.w.
717.10: Natural Features
/	/	/	/	/	717.101	Beautification	Commercial and institutional provide flower bed
/	/	/		/		Beautification	Provide 15 ft. landscaped easement
			/			Beautification	Provide 5 ft. landscaped easement
/	/	/	/	/		Beautification	Appropriate trees planted at 35 ft. in buffer
	/					Terrain/Streams	Any hill profile visible for 1 mile maintained
/	/	/	/	/		Terrain/Streams	When possible, streams and ponds maintained
/	/	/	/	/		Terrain/Streams	Sedimentation ponds not visible from r.o.w.
717.11: Site Lighting, Furniture and Signage
/	/	/	/	/	717.111	Lighting	Parking lots illuminated with GA Power "shoe-box" fixture
/	/	/	/	/		Lighting	Sidewalks and walkways illuminated with "acorn" fixture
/	/	/	/	/	717.112	Mail Boxes	Multifamily boxes installed outside public r.o.w.
/	/	/	/	/	717.113	Parcel Boxes	Parcel drop-off boxes located adjacent to private traffic lane
/	/	/	/	/	717.114	Signage	Regulations of Chapter 82—Signs under the Code of Ordinances apply
/	/	/		/	717.115	Landscaping	Landscaping adjacent to building = 5% of building area
/	/	/	/	/		Landscaping	Selections from Tree Preservation and Replacement Ordinance
/	/	/	/	/		Landscaping	10% floor area bonus for water fountains or sculptures
717.12: Access from Primary Arteries and Secondary Streets
/	/	/	/	/	717.121	Primary Arteries	All projects - Designs submitted to City of Smyrna Engineer
/	/	/	/	/		Primary Arteries	Commercial/Institutional - All entrance and exit lanes = min. 24 ft.
/	/	/	/	/	717.122	Secondary	Commercial/Institutional - All entrance and exit lanes = min. 24 ft.
/	/	/	/	/	717.123	Secondary	Residential = min. 12 ft. driveway - 150 ft. sight distance
/		/		/	717.124	Curb Cuts	No curb cut less than 150 ft. - Nearest one on same side of street
	/		/			Curb Cuts	No curb cut less than 200 ft. - Nearest one on same side of street
/	/	/	/	/		Curb Cuts	All entrances and exits notes with signs or bollards
717.13: Sidewalks and Walkways
/	/	/	/	/	717.131	Sidewalks	All lots shall have sidewalks; new ones paid for by owner
/	/	/	/	/		Sidewalks	All sidewalks shall be accessible to handicapped persons
/	/	/	/	/	171.131	Sidewalks	Sidewalks adjacent to primary arteries shall be 5 ft. wide; 2 ft. setback
/	/	/	/	/		Sidewalks	Sidewalks adjacent to secondary streets shall be 4 ft. wide; 2 ft. setback
/	/	/	/	/	171.132	Walkways	All residential and office projects > 10 ac. shall have walkway systems
/	/	/	/	/		Walkways	Walkways shall be at least 4 ft. wide
/	/	/	/	/		Walkways	Bicycles and motorized wheelchairs are permitted on walkways
717.14: Parking Facilities
/	/	/	/	/	717.141	Location	Parking requirements of zoning district apply unless built before 1945
/	/	/	/	/		Location	Majority of parking spaces should be in the rear or the side
/	/	/	/	/		Location	Parking entrances shall be oriented perpendicular to the building entrance
/	/	/		/	717.142	Design	Minimum of 10% parking lot gross area devoted to landscaping
			/			Design	Minimum of 5% parking lot gross area devoted to landscaping
/	/	/	/	/		Design	Landscaped medians in front parking lots at alternate lines
/	/	/		/		Design	15 ft. landscaped buffer > 15 ft. between parking and r.o.w.
			/			Design	5 ft. landscaped buffer > 15 ft. between parking and r.o.w.
/	/	/	/	/		Design	All tree species approved by Tree Preservation and Replacement Ordinance
717.15: Spatial Relationships
/		/		/	717.151	Height	The building height shall not exceed 35 ft. or adjacent building, unless D > 200 ft.
	/		/			Height	The building height shall exceed distance to nearest structure
	/		/			Height	The building height shall not exceed height of adjacent buildings × 4
/	/	/	/	/	717.152	Width	The width of building shall not exceed 75% of minimum width of the lot
/	/	/	/	/	717.153	P.U.D.'s	P.U.D. defined as commercial, residential or institutional > 10 ac.
/	/	/	/	/		P.U.D.'s	Heights in P.U.D. governed by building codes and other zoning sections
717.16: Building Setbacks
/					717.161	Atlanta Rd.	Renovation, front yards = additions may reduce setback 15%
/						Atlanta Rd.	Redevelopment, front yards > 90% of original front yard
/						Atlanta Rd.	New construction > 90% nearest structure; Side = 10 ft., Rear = 25 ft.
/						Atlanta Rd.	Adjacent to secondary street = comply with zoning ordinance
	/				717.162	Spring Rd.	Adjacent to Spring Rd.: Minimum front = 50 ft., maximum front = 100 ft., minimum side = 15 ft.; maximum front = 50 ft.
	/					Spring Rd.	Adjacent to Secondary Street: Minimum front = 50 ft., maximum front = 100 ft., minimum side = 15 ft., maximum front = 50 ft.
		/			717.163	Windy Hill Rd.	Renovation, front yards = additions may reduce setback 15%
		/				Windy Hill Rd.	Redevelopment, front yards > 90% of original front yard
		/				Windy Hill Rd.	New construction > 90% nearest structure; side = 10 ft., rear = 50 ft.
		/				Windy Hill Rd.	Adjacent to secondary street = comply with zoning ordinance
			/		717.164	S. Cobb Dr.	Renovation, front yards = additions may reduce setback 15%
			/			S. Cobb Dr.	Redevelopment, front yards > 90% of original front yard
			/			S. Cobb Dr.	New construction > 90% nearest structure; side = 20 ft., rear = 50 ft.
			/			S. Cobb Dr.	Adjacent to secondary street = comply with zoning ordinance
				/	717.65	Concord Rd.	Renovation, front yards = additions may reduce setback 15%
				/		Concord Rd.	Redevelopment, front yards > 90% of original front yard
				/		Concord Rd.	New construction > 90% nearest structure; side = 10 ft., rear = 50 ft.
				/		Concord Rd.	Adjacent to secondary street = comply with zoning ordinance
717.17: Building Character
/	/	/	/	/	717.171	Visibility	All commercial and institutional entrances visible from r.o.w.
/	/	/	/	/		Visibility	All structures have legible street number on front facade
/					717.172	Compatibility	Architectural style typical of Cobb County, 1845—1945
/						Compatibility	Footprint of new building similar to previous structure
/	/	/		/		Compatibility	All new structures have roof slope ≥ 6:12
/	/	/	/	/		Compatibility	No standards for new buildings on secondary streets.
/					717.173	Materials/Color	Facade materials shall be typical of Cobb County, 1845—1945
	/	/	/	/		Materials/Color	The materials utilized shall be in colors = "muted earth tones"

(Ord. No. 98-06, 7-20-98; Ord. No. 2003-6, 1-6-03; Ord. No. 2018-13, 10-1-18; Ord. No. 2019-08, 2-18-19)

Sec. 718. - Conservation subdivision and open space development.

(718.1) Purposes:

To provide for the preservation of greenspace as a nonstructural stormwater runoff and watershed protection measure.

To provide a residential zoning district that permits flexibility of design in order to promote environmentally sensitive and efficient uses of the land.

To preserve in perpetuity unique or sensitive natural resources such as groundwater, floodplains, wetlands, streams, steep slopes, woodlands and wildlife habitat.

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.

To reduce erosion and sedimentation by minimizing land disturbance and removal of vegetation in residential development.

To promote interconnected greenways and corridors throughout the community.

To promote contiguous greenspace with adjacent jurisdictions.

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.

To encourage street designs that reduce traffic speeds and reliance on main arteries.

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.

To conserve scenic views and reduce perceived density by maximizing the number of houses with direct access to and views of open space.

To preserve important historic and archaeological sites.

(718.2) General Regulations:

Applicability of regulations. This conservation subdivision option is available in the following zoning districts: R-12, RDA, RMC-8, RM-10, RM-12, RD, and TD. 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.

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.

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 of the parcel:

Slopes over 25 percent of at least 5,000 square feet contiguous area;

The 100-year floodplain;

Bodies of open water over 5,000 square feet contiguous area;

Wetlands that meet the definition of the Army Corps of Engineers pursuant to the Clean Water Act; or,

Anticipated right-of-way needs for roads and utilities.

(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.

(718.3) Application requirements:

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;

(2)

All streams, rivers, lakes, wetlands and other hydrologic features;

(3)

Topographic contours of no less than ten-foot intervals;

(4)

All primary and secondary conservation areas labeled by type, as described in subsection (718.4);

(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.

Open space management plan required. An open space management plan, as described in subsection (718.4), shall be prepared and submitted prior to the issuance of a land disturbance permit.

Instrument of permanent protection required. An instrument of permanent protection, such as a conservation easement or permanent restrictive covenant and as described in subsection (718.4), shall be placed on the open space concurrent with the issuance of a land disturbance permit.

Other requirements. The applicant shall adhere to all other applicable requirements of the underlying zoning and the City of Smyrna Code of Ordinances.

(718.4) Open space:

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.

Standards to determine open space.

(1)

The minimum restricted open space shall comprise at least 40 percent 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:

The regulatory 100-year floodplain;

Buffer zones of at least 75-foot width along all perennial and intermittent streams;

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.

(3)

The following are considered secondary conservation areas and should be included within the open space to the maximum extent feasible.

Important historic sites;

Existing healthy, native forests of at least one acre contiguous area;

Individual existing healthy trees greater than eight inches caliper, as measured from their outermost drip line;

Other significant natural features and scenic viewsheds such as ridge lines, peaks and rock outcroppings, particularly those that can be seen from public roads;

Prime agricultural lands of at least five acres contiguous area; and,

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.

(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 of lots within the subdivision. Non-adjoining lots shall be provided with safe, convenient access to the open space.

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;

(3)

Walking or bicycle trails, provided they are constructed of porous paving materials;

(4)

Passive recreation areas;

(5)

Active recreation areas, provided that they are limited to no more than ten 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.

Prohibited uses of open space:

(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.

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 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:

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;

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;

Provides that any changes to the plan be approved by the board of commissioners; and,

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.

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 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 section.

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;

A permanent restrictive covenant for conservation purposes in favor of a governmental entity; or,

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 of the 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.

(Ord. No. 2005-36, 9-6-05; Ord. No. 2018-17, 10-1-18)

Sec. 719. - Redevelopment overlay district [ROD].

The regulations for the ROD redevelopment overlay district are as follows:

(719.1) Purpose and intent. The ROD is established to provide locations for mixed use development and redevelopment of commercial, office and residential uses which are pedestrian oriented and developed at a community or regional activity center scale and intensity. The district may be overlaid upon the RM-12, RHR, CBD and GC and zoning districts and either community activity center, high density residential or mixed-use land use categories. The mayor and council has determined that any redevelopment project approved within a ROD shall not establish any type of precedent for land use recommendations or future rezoning proposals outside of the boundaries of the ROD project. Those properties outside of the boundaries of a ROD project must provide uses compatible with other surrounding properties as defined and shown on the most recently adopted version of the City of Smyrna Comprehensive Plan.

(719.2) Permitted uses. Permitted uses are as follows:

(1)

Athletic and health clubs.

(2)

Automotive parking lots or garages.

(3)

Banks and financial institutions with automated transfer machines; however, no drive-in establishments are permitted.

(4)

Clinics, clubs or lodges.

(5)

Commercial indoor recreation uses.

(6)

Commercial retail uses.

(7)

Condominiums.

(8)

Corporate or administrative office for any permitted uses.

(9)

Cultural facilities.

(10)

Eating and drinking establishments.

(11)

Film developing and printing facilities.

(12)

Hotels.

(13)

Laundry and dry cleaning pickup establishments.

(14)

Medical and dental laboratories provided no chemicals are manufactured on-site.

(15)

Multi family dwelling units.

(16)

Neighborhood retail uses.

(17)

Nursery schools and child day care centers.

(18)

Office service and supply establishments.

(19)

Parking for vehicles.

(20)

Photograph studios.

(21)

Printing, publishing and lithography establishments.

(22)

Private parks.

(23)

Professional offices.

(24)

Single-family dwelling units (attached and detached).

(25)

Schools (public and private).

(26)

Studios and supplies.

(719.3) Lot size and setback requirements.

(1)

Design of entire project must be consistent with the city's urban design standards as may be amended from time to time.

(2)

Minimum project area: Five acres. Smaller tracts may be considered appropriate if within 200 feet of an existing or proposed redevelopment project.

(719.4) Landscape buffer and screening requirements. Unless otherwise noted within this district's requirements, any property within an ROD which abuts residentially zoned property shall have a minimum 25-foot landscaped screening buffer adjacent to all residentially zoned property. Buffers may be included within required setbacks; however, in such case that the required buffer is greater than the required setback, the required buffer shall be adhered to. Additionally, necessary private utilities and access drives may be allowed through, over or across a landscaped buffer. The design of the buffer shall comply with Section 503 of the city's Zoning Code.

(719.5) Building and structure requirements. Maximum building height is 55 feet, unless approved by the mayor and council in consultation with the fire chief to insure adequacy of fire protection facilities and services.

(719.6) Parking requirements. See article IX for paved parking specifications. Parking for non-residential or multifamily uses may be granted a 20 percent reduction in required parking when parking is shared between adjacent uses within the project. An additional ten percent reduction may be administratively approved by the director of community development, or his/her designee. Final parking design plans shall be subject to review and approval of the director of community development, or his/her designee.

(719.7) Lighting requirements. Lighting levels shall not exceed .25 footcandles when measured at adjacent residentially zoned properties. There shall be no limitation on lighting levels when adjacent to non-residential properties.

(719.8) Procedures for ROD overlay utilization. As the ROD is overlaid upon an existing zoning district, the project will be reviewed and approved or denied in a streamlined manner. The application of the ROD is not considered a rezoning. Staff will accept applications, then review and recommend approval or denial. A schedule of application submittal deadlines, concept plan review meetings, and projected council meeting dates will be made available to the public. As the underlying zoning will not change, staff recommendations will be taken to the mayor and council on the next available agenda. ROD proposals are required to be posted for a minimum of 15 and a maximum of 45 days prior to the council meeting. A public hearing will be held at the time the council reviews and decides each proposal. If the project is denied by the council, no prejudice period will apply. Further, upon gaining approval of an ROD overlay plan, the applicant maintains the option to develop the property according to the requirements of the underlying zoning. However, ROD approval will be voided if no application for permit approval is received by the city within the first six months after final ROD approval. Additionally, the ROD approval will be voided upon expiration of any approved building permits. The following review procedure will apply:

(1)

Application. Applications for ROD overlay district utilization with an existing zoning will be accepted in the community development department. The application fee is $500.00.

(2)

Concept plan review. There will be a regularly scheduled ROD review meeting of the city staff scheduled twice monthly. Conceptual approval must be obtained prior to placing the property on a council agenda. The purpose of the conceptual plan review is:

Familiarize sponsors of projects with city regulations and the concerns of city departments prior to expenditure for preparation of final development plans.

Familiarize city representatives with proposed project and provide an opportunity for an exchange of views and ideas on project characteristics that are of concern to the goals of the ROD ordinance.

(3)

Participants. The city staff to be present include at least one representative from the following departments:

Community development.

Public works.

City engineer.

Fire department.

(4)

Initiation of concept plan review. Concept plan review shall be initiated by the filing of the following items with the appointed representative of the community development department:

One completed application. Signatures of titleholder and applicant are required.

Submit one disc containing copies of all documents in either PDF or Word format (as appropriate).

A copy of the deed that reflects the current owner of the property. If the application consists of several tracts, a deed of each tract is required.

A current legal description of the subject property. If the application consists of several tracts, a legal description of each tract is required along with an overall description of the combined tracts. No legal description should include more property than what has been requested for ROD approval.

A copy of the paid tax receipts (city and county) for the subject property or a statement signed by an official in the tax commissioner's office.

Submit six full-size scaled plats by a registered engineer, architect, land planner, or land surveyor currently registered in accordance with applicable state laws. Plans must be stamped. The plot plans must show dimensions, adjoining streets with right-of-way (present and proposed), paving widths, the exact size and location of all buildings along with the intended use, buffer areas, parking spaces, lakes, streams, utility easements, limits of 100-year flood plain, adjoining property owners, zoning of adjoining property, street address, and distance to the nearest street intersection.

Subdivision plats must have a legend showing lot density for the total acreage.

Submit six full-size scaled plans of the tree protection plan. A registered landscape architect must prepare the tree protection plan. The tree protection plan shall meet the city's requirements under section 106-36 of City Ordinance 2003-8.

Provide elevations and floor plans, along with a description of exterior wall coverings and finishes to be used.

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, at a fee of $1,000.00, the city will conduct the capacity analysis to study the impacts of the new development or redevelopment to the sanitary sewer system, and if the sanitary sewer system has adequate capacity to support the wastewater from the new development or redevelopment.

If the property is or will be on a septic tank, contact the Cobb County Health Department. Approval must be obtained prior to the filing of the application for rezoning.

A 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 with the rezoning application. 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. A final decision, by the mayor and city council, may not be made until these statements are received with the ROD application.

Any office development which exceeds 400,000 gross square feet, commercial development in excess of 300,000 gross square feet, mixed use covering more than 120 acres or exceeding 400,000 gross square feet, industrial proposal in excess of 400 acres, employing 1,600 persons or exceeding 500,000 gross square feet, housing proposal in excess of 400 units, hotel proposal in excess of 400 rooms, or hospital proposals in excess of 300 beds or generating more than 375 peak hour vehicle trips per day, must undergo a development of regional impact (DRI) review.

Once a completed rezoning package is received by Smyrna's Community Development Office, an Initial DRI Information form will be prepared by the office and submitted to the Atlanta Regional Commission, Georgia Regional Transportation Authority, and Georgia Department of Community Affairs to determine whether or not the proposed development should be processed as a DRI. If the proposed development is determined to be a DRI, then a DRI Review Initiation Request form shall be prepared by Smyrna's community development office and submitted along with any requested information. Final action can be taken by the city until all state agencies have completed their review and comments.

(719.9) Use limitations.

(1)

In order to encourage pedestrian oriented mixed use development, traditional lot by lot restrictions such as minimum lot sizes and setbacks shall not apply. Rather, all projects must be consistent with the concept plan, as approved by the council. Additionally, applicants will be required to submit a letter of intent that specifies the types of uses desired within the redevelopment proposal.

(2)

Development/redevelopment proposals must demonstrate a mixture of residential and non-residential land uses. At least 30 percent (and no more than 60 percent) of the proposal's land uses must be non- residential.

(3)

Loading and service areas should be located within the interior of the project, or screened through the use of building elements, opaque walls or fences.

(4)

Development/redevelopment proposals must comply with the standards of the city's tree preservation ordinance. These standards may be reduced up to ten percent (RDF-replacement density factor) if xeriscaping is implemented.

(5)

Development/redevelopment proposals must include a property owner's association with bylaws or covenants containing the following minimum provisions:

* Governance of the association by the Georgia Property Owner's Association Act (OCGA 44-3-220 et seq.) or a successor to that Act that grants lien right to the association for maintenance expenses and tax obligations.

* Responsibility for maintenance of common areas, buffers and recreation areas.

* Responsibility for insurance and taxes.

* Automatic compulsory membership of all property owner and subsequent lot purchasers and their successors; and compulsory assessments.

* Conditions and timing of transferring control of the association from the developer to the property owners.

* Guarantee that the association will not be dissolved without advance approval of the City of Smyrna.

* Restriction of time of commercial deliveries and dumpster pickup.

(6)

In a mixed-use scenario within community activity centers, 15 percent of the total number of proposed residential units may be rental if connected and integrated with the proposed non-residential uses. Any new rental units must replace existing rental units within a one-half mile radius of the project area at a rate of one new rental unit for every two existing rental units to be replaced.

(719.10) When a development/redevelopment proposal is within a property delineated as community activity center, as shown on the city's comprehensive plan, as may be amended from time to time, the maximum FAR shall be 1.75. Residential densities shall range between 12—24 units per acre. All development/redevelopment proposals must earn a total of 12 points by including a combination of the following features:

4 points — Proposed setbacks that create a contiguous and consistent building edge along a public sidewalk (which exists or is proposed).

3 points — Surface parking is minimized by the use of a parking deck that is either designed to resemble a building or located behind a building, or surface parking is located adjacent to local streets to enhance pedestrian safety.

1 point — Public plaza that is integrally connected to the proposal by pedestrian zones including porches, covered awnings, sidewalk cafes, storefront shops and street furniture.

2 points — Public plaza that is integrally connected to the proposal by pedestrian zones including porches, covered awnings, sidewalk cafes, storefront shops and street furniture and includes a significant community gathering place such as a stage, garden, monument or educational feature.

3 points — Multimodal connections or transit stop/plaza that are integrally connected to the proposal by pedestrian zones including porches, covered awnings, sidewalk cafes, storefront shops and street furniture.

2 points — If 15 percent of the proposed "for sale" residential units are connected and integrated with proposed non-residential use and considered affordable. For the purpose of this section, affordable shall mean units intended for occupancy (rental or ownership) by household earnings no more than 80 percent of the Atlanta Metropolitan Statistical Area's (MSA) median household income, as may be adjusted from time to time. Alternatively, 15 percent of the units may also be designed for seniors and be consistent with the state's "Easy Living Standards".

(719.11) When a development/redevelopment proposal is within a property delineated as mixed-use, as shown on the city's comprehensive plan, as may be amended from time to time, the maximum FAR shall be 2.5. Maximum residential densities shall range between 12—40 units per acre. All development/redevelopment proposals must earn a total of 12 points by including a combination of the following features:

4 points — Proposed setbacks that create a contiguous and consistent building edge along a public sidewalk (which exists or is proposed).

1 point — Public plaza that is integrally connected to the proposal by pedestrian zones including porches, covered awnings, sidewalk cafes, storefront shops and street furniture.

(719.12) In the event that a BRT stop plaza is integrally connected to the proposal by pedestrian zones including porches, covered awnings, sidewalk cafes, storefront shops and street furniture, the maximum residential density may be approved at greater than 40 units per acre on a case by case basis

(Ord. No. 2005-38, 10-3-05; Ord. No. 2008-12, 8-18-08; Ord. No. 2020-12, 10-19-20)

Sec. 720. - [MU], mixed use district.

The regulations of the MU mixed use district are as follows:

(720.1) Purpose and intent. The MU district is established to provide locations for planned and mixed use development of commercial, office and residential uses. This is intended to encourage compatible mixed uses within the boundaries of properties delineated within or on the edge of a central business district, mixed use, community activity center or regional activity center as defined and shown on the most recently adopted version of the City of Smyrna Comprehensive Plan.

(720.2) Permitted uses. Permitted uses are as follows:

(1)

Colleges; universities, commercial schools; schools providing adult training in any of the arts, sciences, trade and professions; and dormitories for students or staff for hospitals.

(2)

Day care centers, nursing homes, rest homes and homes for the aged.

(3)

Dwelling, detached, attached, multifamily, townhouse, and condominiums. Townhomes shall be developed in accordance with the provisions of section 515, townhome standards. Properties in the urban design district shall be controlled by appendix E where a conflict exists with section 515.

(4)

Noncommercial public recreation parks and playgrounds.

(5)

YMCA's, buildings for social fraternal, social service, union and civic organizations, and comparable organizations.

(6)

Institutional uses such as churches, synagogues, Sunday school buildings, community recreation centers, libraries, museums, theaters, and art galleries, police and fire stations, public and private elementary and high schools.

(7)

Retail sales; apparel, department, furniture stores and stores for home furnishings and office supplies; automobiles and boats if wholly within a building; garden supply stores; secondhand goods; food stores, drugstores, camera equipment, book stores, jewelry, and souvenir shops; florists, card and stationery stores. Professional business and general offices such as banks; clinics; medical, dental and doctors' offices; government and public utility office buildings; post offices; opticians' offices; and similar uses.

(8)

Hotels, motels, room renting, and tourist houses.

(9)

Services such as beauty shops, barbershops, laundries and dry cleaning establishments (pick-up and drop-off only).

(10)

Coffee shops with or without drive-thrus.

(11)

Restaurants, including open-air cafes but excluding those with a drive-thru. Drive-thru facilities and associated uses are prohibited.

(12)

Studios for artists; designers; photographers; musicians; sculptors; gymnasts; potters; wood and leather craftsmen; glass blowers; weavers; silversmiths; and designers of ornamental and precious jewelry.

(13)

Off-street parking as a principal use providing for public parking, private parking, or parking in conjunction with other permitted uses.

(14)

Utility and related facilities such as distribution lines; railroad rights-of-way; and telephone repeater stations.

(15)

Temporary buildings and storage of materials in conjunction with construction of a building on a lot where construction is taking place or on adjacent lots, such temporary uses to be terminated upon the completion of construction.

(16)

Outside open market on private or public property for the selling of fresh food, not to be consumed on the premises, and plants, or other goods but shall require a special temporary permit issued by the city council.

(17)

Banks and pharmacies with or without drive-thru facilities.

(18)

Fitness facilities.

(19)

Breweries, distilleries, wineries and brewpubs, including accessory tasting rooms:

Manufacturing shall be conducted within a wholly enclosed building.

(20)

Private dog park.

(720.3) Lot size and setback requirements. Lot size and setback requirements are as follows:

(1)

Minimum lot size and building setbacks (Non-residential and mixed-use buildings):

Minimum lot size: None

Minimum setbacks.

Front—Zero feet

Rear—20 feet (may be zero feet if adjacent to a public or private alley)

Side—Zero feet

Maximum setbacks.

Front—20 feet

Side—20 feet

(2)

Minimum lot size and building setbacks (single-family detached):

Minimum lot size: 6,250 square feet

Minimum public road frontage: 50 feet.

Minimum setbacks:

Front—20 feet

Rear—30 feet (may be zero feet if adjacent to a public or private alley)

Side—7.5 feet (15 feet between buildings)

Minimum driveway length—22 feet (except for units served by a private alley)

(3)

Minimum lot size and building setbacks (single-family attached and multi-family):

Minimum lot size or project area of single-family attached and multi-family: 20,000 square feet.

Setbacks.

Front—20 feet (Residences may be built to the edge of the right-of-way if parking/garage located in the rear or detached)

Rear—40 feet

Side—15 feet

Building separations:

Side to side—20 feet

Side to back—30 feet

Back to back—40 feet

Front to side—30 feet

Front to back—40 feet

Front to front—40 feet

(720.4) Landscape buffer and screening requirements. Unless otherwise noted within this district's requirements, any property within an MU district which abuts single-family or multi-family residentially zoned property without an intervening street shall have a minimum ten-foot landscaped screening buffer adjacent to all residentially zoned property. Buffers may be included within required setbacks; however, in such case that the required buffer is greater than the required setback, the required buffer shall be adhered to. Additionally, necessary private utilities and access drives may be allowed through, over or across a landscaped buffer. The design of the buffer shall comply with section 503 of the city's Zoning Code.

(720.5) Building and structure requirements. Maximum building height (excluding spires, belfries, cupolas, chimneys, elevator housings, roof access stairs, parapets or decorative towers or structures placed above the roof level and not intended for human occupancy) is 66 feet, with no more than five stories above ground. For the purposes of this section, building height shall be measured from the average finish ground or rooftop of underground deck elevation to the bottom of the roof structure (roof bearing). Below-ground parking structures shall not be included in the total height or story calculations provided a minimum of two sides of the top level of said deck are below grade.

(720.6) Parking requirements shall be based upon those associated with the central business district. See article IX for paved parking specifications.

(720.7) Lighting requirements. Lighting levels shall not exceed .25 footcandles when measured at adjacent residentially zoned properties. There shall be no limitation on lighting levels when adjacent to non-residential properties.

(720.8) Use limitations.

(1)

All refuse and designated recycling collection location facilities must be contained within completely enclosed facilities with three-sided brick/stone/stucco walls with an opaque gate.

(2)

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 six-foot high wall or under a building overhang/canopy or located no greater than five feet from the exterior building wall; unless otherwise provided for herein.

(3)

No outside runs are permitted with any veterinary office use permitted within this district.

(4)

Overhangs associated with balconies, shutters, canopies, etc. may be permitted to encroach a maximum of five feet into any required setback or right-of-way provided they are a minimum of ten feet above the ground.

(720.9) Special requirements:

(1)

Residential density shall not exceed 25 dwelling units per acre. Densities up to 30 units per acre are permitted if at least 15 percent of the proposed "for sale" residential units are connected and integrated with a proposed non-residential use and considered affordable. For the purpose of this section, affordable shall mean units built for and initially sold to households earning no more than 80 percent of the Atlanta Metropolitan Statistical Area's (MSA) median household income, as may be adjusted from time to time.

(2)

The minimum floor area of any detached residential dwelling shall not be less than 1,800 square feet. Attached dwelling units, condominium units and other multi-family units may not be less than an average of 900 square feet in area.

(3)

All retail sales and personal service establishments shall be located on the ground floor. However, a residential building may have its resident services located above the first floor. The retail portion of any building may not exceed 47,000 in gross floor area. For the purposes of this section, gross floor area shall mean the total building area designated for retail use less restrooms and mechanical rooms.

(4)

The gross floor area occupied by nonresidential uses shall not exceed 50 percent of the total gross floor area within a development.

(5)

Front setbacks for all uses shall create a consistent building edge along a public sidewalk (which exists or is proposed). This shall not be construed as meaning that building facades may not articulate for doors, storefront windows, columns, or similar architectural features.

(6)

Off-street surface parking shall be prohibited between a building and the adjacent street. The street fronting ground floor of all parking structures shall have a use other than parking within the first 20 feet of the structure as measured from the street fronting facade of the parking structure.

(7)

Any development (excluding attached and detached single-family) shall provide public plazas or spaces which are connected to pedestrian zones with features such as: porches, covered awnings, side-walk cafes, storefront shops and street furniture. Significant gathering places such as public gardens, monuments, public art or educational features shall be provided within these public spaces. Developers shall attempt to combine common areas wherever possible.

(8)

Multimodal connections or transit stop/plaza shall be integrally connected to any development (excluding single-family) in excess of either one acre or 10,000 square feet of building area.

(9)

Accessory buildings, structures, uses and decks are permitted pursuant to section 501 of the city's Zoning Code.

(10)

An MU development shall have its primary ingress and egress only on a major or collector street or state highway. This shall not apply to single-family attached or detached uses.

(11)

Where authorized, drive-through facilities and associated queuing facilities shall not be located between any building and the adjacent street. Furthermore, when said facility is within 50 feet of an existing or proposed public sidewalk, and when queuing lanes and service windows, bays or lanes would otherwise be visible from the major pedestrian route, then landscaping shall be installed to screen the service windows, bays or lanes from view to the maximum extent practicable.

(12)

All applicable standards from section 1201 shall govern the residential portions of the mixed-use development.

(13)

Fifteen percent of the total number of proposed residential units may be rentals if connected and integrated with the proposed non-residential uses. Any new rental units must replace existing rental units contained in an approved and code-compliant apartment building within a one-half-mile radius of the project area at a rate of one new rental unit for every two existing rental units to be replaced.

(14)

Where a development has more than 600 feet of frontage along an existing public street of four or more travel lanes, a new public or private street may be constructed parallel to said street for the purpose of ensuring a safe pedestrian environment. Said street shall be built as one of the following two types and shall connect to another public or private street at both ends; dead-end streets are prohibited.

Frontage street: A frontage street shall have a maximum of two 12-foot wide travel lanes, plus on-street parking adjacent to the building. On-street parking may include parallel parking, angled parking, or perpendicular parking, provided that trees are planted a maximum distance of 75 feet on-center within said parking zone. In addition, a publicly accessible green space improved for pedestrian use and having a minimum continuous depth of 40 [feet] shall be provided between said new street and the existing street; shade trees with a minimum mature height of 40 feet shall be planted around the perimeter of said space (a maximum of 50 feet on-center). Sidewalk meeting all city requirements for a public street shall also be provided along one side of said new street. These sidewalks shall be located on the side of the street opposite the publicly accessible green space and shall taper into existing city sidewalks where the property abuts another.

Boulevard street: A boulevard street shall have a maximum of one 14-foot wide travel lane, plus on-street parking adjacent to the building. On-street parking may include parallel parking or angled parking. In addition, a landscape strip having a minimum continuous depth of ten feet shall be provided between said new street and the existing street; shade trees with a minimum mature height of 40 feet shall be planted within said strip with a maximum of 50 feet on-center. Sidewalks meeting all city requirements for a public street shall also be provided along one side of said new street. These sidewalks shall be located on the side of the street opposite the landscape strip and shall taper into existing city sidewalks where the property abuts another.

(Ord. No. 2006-17, 7-17-06; Ord. No. 2008-12, 8-18-08; Ord. No. 2018-15, 10-1-18; Ord. No. 2018-21, 12-17-18; Ord. No. 2019-20, 10-21-19; Ord. No. 2021-10, 5-17-21; Ord. No. 2022-21, 9-9-22)