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HomeMy WebLinkAboutORDINANCE NO 14 06 209STATE OF GEORGIA ORDINANCE NO. 14-06-209 COUNTY OF FULTON RZ14-02 AN ORDINANCE TO AMEND ARTICLE IX, ADMINISTRATIVE PERMITS AND USE PERMITS OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on June 16, 2014 6:00 p.m. as follows: SECTION 1. That the amendment of Article IX, Administrative Permits and Use Permits of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed . SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 16th day of June, 2014 . Attest: STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 14-06-209 RZ14-02 ARTICLE IX. ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 1. -GENERALLY DIVISION 2. -USE PERMITS DIVISION 3. -ADMINISTRATIVE PERMITS DIVISION 4. -ADULT ENTERTAINMENT USE PERMIT STANDARDS DIVISION 5. -MISCELLANEOUS USES DIVISION 1. GENERALLY Sec. 64-1523. Scope and intent. Sec. 64-1524. Application and approval. Sec. 64-1525. Applicability. Sec. 64-1526. Administrative permits; generally. Secs. 64-1527-64-1545. Reserved. Sec. 64-1523. Scope and intent. This article specifies uses which are not classified as permitted uses in zoning districts, and are therefore only allowed through the approval of an administrative permit or a use permit. The standards which apply to each use are enumerated and must be met in order for an application to be granted. Sec. 64-1524. Application and approval. (a) Uses allowable with an administrative permit and the minimum standards for such uses are listed in sections 64-1592 through 64-1615 (b) Uses allowable with a use permit and the minimum standards for such uses are listed in division 4 of this article. Sec. 64-1525. Applicability. Uses enumerated herein may be authorized by a administrative permit or use permit, as specified. The regulations contained in this article shall not apply to any permitted use in any zoning district. Sec. 64-1526. Administrative permits; generally. Any use authorized by an administrative permit shall be approved and permitted by the director of the community development department whenever the proposed use complies fully with the requirements of the subject property's zoning district and standards as set forth in sections 64-1592 through 64-1615. Each requested use for which an administrative permit is required shall be assigned an administrative permit number and charged a fee . Said permit shall be posted on site prior to commencement of use. Variances to administrative permit standards may be requested by petition to the board of zoning appeals. In certain cases, conditions are imposed by the director of the public works department with respect to roadway, water, sewer and other infrastructure improvements, and rights-of-way dedications which must be met. Secs. 64-1527-64-1545. Reserved. DIVISION 2. USE PERMITS Sec. 64-1546. Approval. Sec. 64-1547. Application. Sec. 64-1548. Expiration. Sec. 64-1549. Reapplication. Sec. 64-1550. Variances. Sec. 64-1551. Accessory uses. Sec. 64-1552. Considerations. Sec. 64-1553. Additional restrictions. Secs. 64-1554-64-1572. Reserved. Sec. 64-1546. Approval. Any use authorized by a use permit may be approved by the city council in accordance with the standards enumerated under each use (section 64-1552); provided: (1) The subject use is allowable in the subject property's zoning district; (2) The standards for the use permit as specified in this article can be met, as well as use permit considerations pursuant to section 64-1552 (3) A public hearing has been held in relation to the use permit before the city planning commission and the city council in conformance with the notice standards outlined in article XIV of this zoning ordinance; (4) Recommendations have been received from the city community development department staff and the city planning commission; and (5) Conditions imposed with respect to right-of-way dedication and roadway, water, sewer and/or other infrastructure improvements are met. Sec. 64-1547. Application. Any use permit requests shall require a separate application when included with a petition for rezoning . Each requested use for which a use permit is required shall be charged a standard use permit fee and assigned a use permit number which will be listed on the petition for rezoning. A public hearing, notice and evaluation shall be provided in accordance with article XIV of this zoning ordinance for each requested use permit. Each request shall be voted on separately, and each use permit request submitted as part of a rezoning petition shall be treated independently in the minutes of the city council meeting. Sec. 64-1549. Reapplication. The same or a substantially similar petition for a use permit which has been denied by the city council shall not be resubmitted to the community development department for a period of six months from the date of the denial. Sec. 64-1550. Variances. Variances to use permit standards contained in division 4 of this article for receiving a use permit may be considered by the city council concurrently with a use permit petition if submitted with such petition. Such a variance request shall not require a separate variance application, but shall be assigned a variance number, charged a standard variance fee and be listed on the use permit petition as a concurrent variance in accordance with section 64-1890. Sec. 64-1551. Accessory uses. Structures and land may be used for uses customarily incidental to any approved use. Sec. 64-1552. Considerations. (a) In the interest of the public health, safety and welfare, the city council may exercise limited discretion in evaluating the site proposed for a use which requires a use permit. In exercising such discretion pertaining to the subject use, the city council shall consider each of the following: (1) Whether the proposed use is consistent with the comprehensive land use plan or economic development revitalization plans adopted by the city council; (2) Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed; (3) Whether the proposed use may violate local, state and federal statutes, ordinances or regulations governing land development; (4) The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets; (5) The location and number of off-street parking spaces; (6) The amount and location of open space; (7) Protective screening; (8) Hours and manner of operation; (9) Outdoor lighting; and (10) Ingress and egress to the property. (b) In granting such permits, conditions may be attached as are deemed necessary in the particular case for the protection or benefit of neighbors to ameliorate the effects of the proposed development/use. Sec. 64-1553. Additional restrictions. (a) Any use authorized by an administrative permit or use permit shall comply with all other city regulations, zoning district regulations, conditions of zoning approval and other regulations contained herein. All buffers required shall have a ten-foot improvement setback in accordance with section 64­ 47 unless otherwise required. The reduction of said setback shall be subject to the approval of the community development department in accordance with article X of this zoning ordinance. Whenever a standard contained in this section is in conflict with another provision of this zoning ordinance, the more restrictive provision shall prevail. (b) Unless otherwise specified, standards, conditions and stipulations attached to a use permit by the city council shall supersede conflicting zoning conditions approved on the same site. Secs. 64-1554-64-1572. Reserved. -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. ADMINISTRATIVE PERMITS DIVISION 3. ADMINISTRA TIVE PERMITS Subdivision I. -In General Subdivision II. -Minimum Standards Milton, Georgia, Code of Ordinances Page 6 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADI\IIINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. -ADMINISTRATIVE PERMITS Subdivision I. In General Subdivision I. In General Sees. 64-1573-$4-1591. Reserved. Sees. 64-1573-64-1591. Reserved. Milton, Georgia, Code of Ordinances Page 7 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. -ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards Subdivision II. Minimum Standards Sec. 64-1592. Reserved . Sec. 64-1593. Amateur radio antenna to exceed the district height. (See use permit section 64­ 179919.4.5.) Sec. 64-1594. Reserved . Sec. 64-1595. Club. Sec. 64-1596. Event; special indoor/outdoor. Sec. 64-1597. Golf course. Sec. 64-159B . Guesthouse. Sec. 64-1599. Moblie home (while residence is being built). Sec. 64-1600. Parking, off-site and shared. Sec. 64-1601. Rapid rail transportation station. Sec. 64-1602. Recreational court private. Sec. 64-1603. Recreational courts, public. Sec. 64-1604. Relocated residential structure. Sec. 64-1605. Revival tent. Sec. 64-1606. Roadside produce stands. Sec. 64-1607. Roadside vending. Sec. 64-160B . Seasonal business use. Sec. 64-1609. Swimming pool, private. Sec. 64-1610. Swimming pool. public. Sec. 64-1611 . Temporary classroom. Sec. 64-1612. Temporary structures. Sec. 64-1613. Temporary use of existing dwelling (while residence is being built). Sec. 64-1614. Utility sUbstations (telephone, electric, gas, etc.). Sec. 64-1615. Veterinary clinic/hospital or kennel. Sec. 64-1616. Permits for media productions. Secs. 64-1617-64-1634. Reserved. RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/18/2014 Page 8 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. -ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards Sec. 64-1592. Reserved. Editor's note-­ Section 1 of Ord. No. 1 0-08-72, adopted Aug. 20, 2010, repealed § 64-1592 , which pertained to alternative antenna support structure to exceed the district height. Sec. 64-1593. Amateur radio antenna to exceed the district height. (See use permit section 64-179919.4.5.) It is the intent of this section to regulate the placement of amateur towers in a manner that does not impose on public health, safety, or general welfare. The following regulations on design, location, placement, and height limits of antennas in residential districts implements the city's governmental interests in land planning, aesthetics and public safety by requiring the following standards: (1) Required districts. All. (2) Standards. a. Antennas shall be located in the rear yard. b. The maximum height shall be 90 feet. Any request to exceed the maximum height shall require a use permit. (See section 64-1799.) c. All antennas shall be set back from all property lines one-third the height of the antenna or the district setback requirements, whichever is greater. The antenna must be located a distance equal to or greater than the antenna height from the nearest residential dwelling, excluding the owner's primary dwelling or structure. d. Antennas shall not be lighted. e. All antennas must be constructed with an anticlimbing device. f. Antennas shall be painted in a neutral color identical or closely compatible with surroundings. g. All guy wires must be anchored on site and outside of right-of-way. Sec. 64-1594. Reserved. Editor's note-­ Section 1 of Ord. No.1 0-08-72, adopted Aug. 20, 2010, repealed § 64-1594, which pertained to antenna, tower and associated structures (radio, T.V., microwave broadcasting , etc.) to exceed the district height. RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16,2014 6/18/2014 Page 9 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. -ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards Sec. 64-1595. Club. (a) Required districts. 0-1, MIX, C-1, C-2, M-1A, M-1, M-2. (b) Standards. (1) All buildings and accessory uses other than parking shall be located at least 50 feet from all property lines of any residential district or AG-1 district used for single family. (2) Permitted curb cut access shall not be from a local street. (3) Outdoor facilities within 200 feet of any residential district or dwelling shall limit the hours of operation from 8:00 a.m. to 11 :00 p.m. (4) Outdoor recreational facilities shall be set back a minimum of 100 feet from all property lines of any residential district or AG-1 district used for single family, except as otherwise permitted with an administrative permit for recreational court or swimming pool. Sec. 64-1596. Event; special indoor/outdoor. As applicable, special events are subject to the requirements of other city departments, such as emergency medical services plans, emergency planning and preparedness plans, tent permits, pyrotechnics permits, food service permits, etc. (1) Required districts. 0-1, MIX, C-1, C-2, M-1A, M-1, M-2, AG-1 and residential districts in conjunction with an institutional use, such as a place of worship or a school, or for the benefit of charity such as tours of homes, show houses, and the like. (2) Standards. a. No more than two administrative permits shall be granted per year and no permit shall be effective for more than 14 consecutive days for a single event on the same property. An application for said permit shall be made no less than 14 days prior to the event. Said permit must be posted on site such that it is visible from the street. b. The hours of operation shall be 8:00 a.m . to 8:00 p.m., Sunday through Thursday, and 8:00 a.m. to 10:00 p.m., Friday through Saturday. c. Two copies of a drawing, no larger in size than 11 inches by 17 inches, with dimensions (distances in feet) of the activity's location from the site's property lines and other minimum distance requirements as specified by this section shall be submitted to the community development department for approval. Said drawing shall also depict north arrow, curb cuts and traffic patterns. d. The applicant shall provide a notarized written permission statement of the property owner or leaseholder of the subject site to the community development department. A 24-hour contact number of the property owner or leaseholder shall be provided along with permit application. e. The entire property shall comply with the zoning district's setback requirements. f. No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of any residential use. RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16,2014 6/18/2014 Page 10 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. -ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards g. No tent, table or other temporary structure shall be located within 250 feet of a residential structure. 1. Tents less than 5,000 square feet do not require a building permit; tents equal to or greater than 5,000 square feet require structural plan review and a building permit. 2. All tents are subject to the fire department's approval. h. Sales from vehicles are prohibited. i. The entire property shall comply with city's parking requirements. j. No equipment, vehicle, display or sales activity shall block access to a public facility such as a telephone booth, mail box, parking meter, fire hydrant, fire alarm box, traffic control box, driveway or other access point. k. A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use. I. Signage shall be in accordance with article XVI of this zoning ordinance. Sec. 64-1597. Golf course. (a) Required districts. All. (b) Standards. (1) A minimum 100-foot setback for all buildings and parking areas shall be provided adjacent to any residential district or AG-1 district used for single family. (2) Driving range, tees, greens and fairways shall be required to have a 100-foot setback from minor, arterial, and major collector roads. (3) Permitted curb cut access shall be from a major thoroughfare unless shown on the approved preliminary plat of a single-family subdivision. (4) When located outside a golf course/subdivision development, a minimum 75 foot wide buffer and a ten-foot improvement setback shall be provided adjacent to all buildings and parking areas when said facilities are located adjacent to any residential district or AG-1 district used for single family. (5) A minimum 75 foot buffer and a ten-foot improvement setback shall be provided adjoining any residential district or AG-1 district used for single family located outside the golf course development or any associated development. Sec. 64-1598. Guesthouse. (a) Required districts. Suburban A, Suburban B, Suburban C, R-1, R-2, R-2A, R-3, R-3A, R-4, R-4A, R­ 5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1, 0-1 and MIX when accessory to a single-family dwelling. (b) Standards. (1) No more than one guesthouse structure per lot may be used for occupancy by relatives, guests or employees that work on the property without payment for rent. RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/18/2014 Page 11 -THE CODE OF THE Chapter 64 -ZOI\l II\IG ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. -ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards (2) A separate kitchen facility shall be allowed. (3) Heated floor area shall be a minimum of 650 square feet and a maximum of 1,500 square feet. (4) Principal building setbacks shall apply. (5) The location shall be limited to the rear yard. Sec. 64-1599. Moblie home (while residence is being built). (a) Required districts. Suburban A, Suburban S, Suburban C, R-1, R-2, R-2A, R-3, R-3A, R-4, R-4A, R­ 5, R-5A, R-6, NUP, CLIP, TR, A, A-L, AG-1, 0-and MIX. (b) Standards. (1) The building permit for the principal structure must have been issued and remain valid during the period that the mobile home is on the property. (2) The mobile home must be located on the same parcel as the principal structure being constructed and comply with all district setbacks. (3) The administrative permit shall expire 12 months after issuance or upon occupancy of the principal structure, whichever occurs first. Only one renewal for a one-year period may be issued. (4) The mobile home must be occupied by the owner of the principal residence under construction. Sec. 64-1600. Parking, off-site and shared. Whenever parking as required in article VIII of this zoning ordinance cannot be accomplished, shared parking in accordance with section 64-1411 may be approved via an administrative permit; provided: (1) Required districts. 0-1, C-1, C-2, MIX, M-1, M-1Aand M-2. (2) Standards. (a) If the off-site parking is committed for a specified period of time, the duration of the administrative permit shall be limited to the period of time stipulated therein. b. No more than 20 percent of the total parking requirement may be provided off-site via this administrative permit. c. The property must be located no more than 300 feet from the principal use with pedestrian access provided between the sites as may be required by the community development department. Sec. 64-1601. Rapid rail transportation station. (a) Required districts. All. (b) Standards. Refer to the MARTA rearrangement cooperative agreement administered by the department of public works. RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/18/2014 Page 12 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. -ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards Sec. 64-1602. Recreational court, private. (a) Required districts. All districts except C-1, C-2, M-1, M-1A, M-2. (b) Standards. (1) Detached dwellings. Recreational courts serving single-family detached dwellings shall be located in side or rear yards but shall not be located within a minimum yard. (2) Multifamily. Recreational courts, accessory structures, and fencing shall be located a minimum of 100 feet from any residential building, adjoining property line or street. (3) Neighborhood. Recreational courts serving a neighborhood must be located within the limits of the underlying zoning. a. Use of the recreational courts shall be limited to residents and guests of the neighborhood in which they are located. b. Recreational courts, accessory structures, fencing, and parking shall be located a minimum of 100 feet from all adjoining property lines. c. Landscape strips and buffer requirements shall be as specified by section 64-237 d. A maximum four-square-foot sign identifying the future use of the property for a recreational court shall be posted adjoining the lot's frontage until a certificate of occupancy is issued for the facility. e. Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2 footcandles along an adjoining residential property line. Outdoor lighting of recreation facilities in or adjoining residential districts or uses shall be allowed only between dusk and 11 :00 p.m. f. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines adjacent to single-family residential uses. Sec. 64-1603. Recreational courts, public. Recreational courts operated as a club, except those serving residential developments, or courts operated as a business are defined herein as public courts. (1) Required districts. 0-1, MIX, C-1, C-2, M-1, M-1A, M-2. (2) Standards. a. Recreational courts, accessory structures, fencing, and parking shall be located a minimum of 100 feet from all property lines which abut single-family residential uses. Adjacent to all other zonings and uses, the district setback requirements shall apply. b. Landscape strips and buffer requirements shall be as specified by section 64-237. If adjoining any residential district or AG-1 district used for single family a 75 foot buffer and 10 foot improvement setback shall be provided. c. Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2 footcandles along an adjoining residential property line. Outdoor lighting of RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/18/2014 Page 13 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. -ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards recreation facilities in or adjoining residential districts or uses shall be used only between dusk and 11 :00 p.m. d. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts or AG-1 districts used for single family. Sec. 64-1604. Relocated residential structure. (a) Required districts. Suburban A, Suburban B, Suburban C, R-1 , R-2, R-2A, R-3, R-3A, R-4, R-4A, R­ 5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1, 0-1 and MIX. (b) Standards. (1) The applicant shall include the following with the application for the administrative permit: a. The address from which the structure is being relocated. b. A photograph of the structure prior to its relocation. c. The total heated floor area of both the existing structure and the renovated structure. (2) The location of the structure and the heated floor area of the structure shall be in compliance with the minimum standards of the zoning district or conditions of zoning. (3) The residential structure shall be affixed to a permanent foundation within six months of the date of the house moving permit, and the certificate of occupancy shall not be issued until such improvements are completed. (4) All standards of this article (except subsection (b)(2) of this section, and other applicable regulations shall be met within one year from the date of this permit issuance. (5) A house moving permit shall be obtained from the community development department in conjunction with the administrative permit. (6) A building permit for the repair and construction of said structure shall be obtained within 30 days of the administrative permit issuance. (7) The exterior of the structure shall be brought into compliance with the city housing code within six months of the issuance of the administrative permit. (8) Prior to occupancy, a certificate of occupancy must be obtained from the community development department. Sec. 64-1605. Revival tent. (a) Required districts. 0-1, MIX, C-1, C-2, M-1A, M-1 and M-2. In an AG-1 (Agricultural) or a residential district, a revival tent may be placed only on property occupied by an existing building used as a place of worship. (b) Standards. (1) A permit may be granted a maximum of 14 days in a calendar year. RZ14-02 Text Amendment prepared for the Mayor and City CouncillVleeting on June 16, 2014 6/18/2014 Page 14 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. -ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards (2) The revival tent or any area used for assembly shall be located at least 200 feet from a property line of any residential district or AG-1 district used for single-family dwellings. (3) No temporary, sanitary facility or trash receptacle may be located within 200 feet of an existing dwelling, and no tent shall be located within 250 feet of an existing dwelling. (4) Provide one parking space per four seats. (5) A drawing to scale shall accompany the application and shall accurately depict the number of seats and the standards of this section. (6) The hours of operation shall be no earlier than 8:00 a.m. nor later than 11 :00 p.m . Sec. 64-1606. Roadside produce stands. (a) Required districts. MIX, C-1, C-2, M-1, M-2 and AG-1. (b) Standards. (1) No more than four administrative permits shall be granted per year and no single permit shall be effective for more than 30 consecutive days, however, two or more permits, not to exceed four, may be combined for a duration of 60 days, 90 days or a maximum of 120 days. An application for said permit shall be made no less than 14 days prior to the event. Said permit must be posted on site such that it is visible from the street. (2) The hours of operation shall be 8:00 a.m. to 8:00 p.m. (3) Two copies of a drawing, no larger in size than 11 inches by 17 inches, with dimensions (distances in feet) of the activity's location from the site's property lines and other minimum distance requirements as specified by this section shall be submitted to the community development department for approval. Said drawing shall also depict north arrow, curb cuts and traffic patterns. (4) The applicant shall provide a notarized written permission statement of the property owner or lease holder of the subject site to the community development department. A 24-hour contact number of the property owner or leaseholder shall be provided along with permit application. (5) The property on which the roadside vendor is permitted must be located at least 1,500 feet from a permanent business or another vendor which offers the same or similar merchandise as that of the vendor. The vendor shall provide names of all established businesses which sell similar or the same merchandise within 1,500 feet of the proposed vendor site. (6) Any activity or structure shall maintain a minimum 20-foot setback from the right-of-way and not be located within a required landscape strip or buffer. Said activity or structure shall also maintain a minimum setback of ten feet from any internal drive or permitted curb cut. (7) A minimum of six parking spaces shall be provided for the exclusive use of the roadside produce stand and shall not occupy the minimum required parking spaces for any other use on site. (8) No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of a residential use. (9) No tent, table or other temporary structure shall be located within 100 feet of a residential structure. All tents are subject to the fire department's approval. RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/18/2014 Page 15 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. -ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards a. Tents less than 5,000 square feet do not require a building permit. b. Tents equal to or greater than 5,000 square feet require structural plan review and a building permit. (10) No equipment, vehicle, display or sales activity shall block access to a public facility such as a telephone booth, mail box, parking meter, fire hydrant, fire alarm box, traffic control box, driveway or other access point. ' (11) A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use. (12) Signage shall be in accordance with article XVI of this zoning ordinance. (Ord. No. 10-08-73, § 1, 8-16-2010) Sec. 64-1607. Roadside vending. (a) Required districts. M-1 and M-2. (b) Standards. (1) No more than two administrative permits shall be granted per year and no permit shall be effective for more than nine consecutive days. An application for said permit shall be made no less than 14 days prior to the event. Said permit must be posted on site such that it is visible from the street. (2) The hours of operation shall be 8:00 a.m. to 8:00 p.m. (3) Two copies of a drawing, no larger in size than 11 inches by 17 inches, with dimensions (distances in feet) of the activity's location from the site's property lines and other minimum distance requirements as specified by this section shall be submitted to the community development department for approval. Said drawing shall also depict north arrow, curb cuts and traffic patterns. (4) The applicant shall provide a notarized written permission statement of the property owner or lease holder of the subject site to the community development department. A 24-hour contact number of the property owner or leaseholder shall be provided along with permit application. (5) The property on which the roadside vendor is permitted must be located at least 1,500 feet from a permanent business or another vendor which offers the same or similar merchandise as that of the vendor. The vendor shall provide names of all established businesses which sell similar or the same merchandise within 1,500 feet of the proposed vendor site. (6) Any vending displays or activity shall maintain a minimum 20-foot setback from the right-of-way and not be located within a required landscape strip or buffer. Said displays or activities shall also maintain a minimum setback of ten feet from any internal drive or permitted curb cut. (7) A minimum of six parking spaces shall be provided adjacent to the vending area for the exclusive use of the roadside vending and shall not occupy the minimum required parking spaces for any other use on site. (8) No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of a residential use. RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/18/2014 Page 16 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. -ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards (9) No table or cart shall be located within 250 feet of a residential structure. Tents and tarps are prohibited. Sales from vehicles are prohibited. (10) No equipment, vehicle, display or sales activity shall block access to a public facility such as a telephone booth, mail box, parking meter, fire hydrant, fire alarm box, traffic control box, driveway or other access point. (11) A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use. (12) Signage advertising the vending operation is prohibited. (Ord No. 11 -06-104, § 1, 6-20-2011) Sec. 64-1608. Seasonal business use. (a) Required districts. CUP (with a commercial component), MIX (with a commercial component), C-1, C-2, M-1A, M-1 , and M-2. Allowable in AG-1 and residentially zoned districts only when the property is occupied by a church, school, lodge/retreat, farm, plant nursery, or as approved by the community development director for uses compatible with AG-1 district permitted uses, existing as a conforming or a lawful nonconforming nonresidential use. The issuance of this permit does not constitute an expansion or extension of a nonconforming use. (b) Standards. (1) An administrative permit shall not be issued for the same seasonal business use more than once in any calendar year. Said seasonal business use must correlate to a calendar holiday or event. Said permit shall not exceed a total of 30 consecutive days for each use. Said permit must be posted on site such that it is visible from the street. An application for said permit shall be made no less than 14 days prior to the event. Example: One permit may be issued for the sale of Christmas trees for a maximum of 30 consecutive days. A second permit may be issued for the sale of pumpkins for a maximum of 30 consecutive days. (2) The hours of operation shall be 8:00 a.m. to 8:00 p.m., Sunday through Thursday, and 8:00 a.m. to 10:00 p.m ., Friday through Saturday. (3) Two copies of a drawing, no larger in size than 11 inches by 17 inches, with dimensions (distances in feet) of the activity's location from the site's property lines and other minimum distance requirements as specified by this section shall be submitted to the community development department for approval. Said drawing shall also depict north arrow, curb cuts and traffic patterns. (4) The applicant shall provide a notarized written permission statement of the property owner or lease holder of the subject site to the community development department. A 24-hour contact number of the property owner or leaseholder shall be provided along with permit application. (5) The property on which the roadside vendor is permitted must be located at least 1,500 feet from a permanent business or another vendor which offers the same or similar merchandise as that of the vendor. The vendor shall provide names of all established businesses which sell similar or the same merchandise within 1,500 feet of the proposed vendor site. (6) Any display or sales activity shall maintain a minimum 20-foot setback from the right-of-way and shall not be located within a required landscape strip or buffer. Said displays shall also maintain a minimum setback of ten feet from any internal drive or permitted curb cut. RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16,2014 6/18/2014 Page 17 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. -ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards (7) A minimum of six parking spaces shall be provided for the exclusive use of the seasonal business and shall not occupy the minimum required parking spaces for any other use on site. (8) No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of a residential use. (9) No tent, table or other temporary structure shall be located within 100 feet of a residential structure. Sales from vehicles are prohibited. a. Tents less than 5,000 square feet do not require a building permit; b. Tents equal to or greater than 5,000 square feet require structural plan review and a building permit. All tents are subject to the fire department's approval. (10) No equipment, vehicle, display or sales activity shall block access to a public facility such as a telephone booth, mail box, parking meter, fire hydrant. fire alarm box, traffic control box, driveway or other access pOint. (11) A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use. (12) Signage shall be in accordance with article XVI of this zoning ordinance. Sec. 64-1609. Swimming pool, private. (a) Required districts. All districts except C-1, C-2, M-1, M-1A, M-2. (b) Standards. All swimming pools shall be completely surrounded by a barrier as required by the 2006 International Residential Code, Section AG105 or the 2009 International Building Code, Section 3109. The top of the barrier shall be at least 48 inches above grade measured on the side of the barrier which faces away from the swimming pool to prevent access to the pool by unsupervised children and animals. Pedestrian access gate(s) shall open outward away from the pool and shall be self-closing and have a self-latching device. Pedestrian access gate(s) shall be locked when the pool is not open for use and all surrounding objects or structures must have a separation of five feet from the enclosure to provide an unclimbable space. The enclosure shall be in place prior to pool completion. Materials and construction shall comply when applicable with the regulations administered by the Fulton County Health Department. (1) Detached dwellings. Swimming pools shall be allowed in side and rear yards of single-family dwellings in any district and may also be allowed at the back of the house on a double frontage single-family residential lot as approved by the department. a. Pools, pool equipment, and their decks must be a minimum of ten feet from all property lines, except that when perimeter setbacks are required, for example in NUP and TR zone districts, pools, pool equipment, and decks cannot be located in perimeter setbacks. b. Barrier shall not be located more than 150 feet from the water's edge of the pool. (2) Neighborhood. Swimming pools serving a neighborhood must be located within the limits of the underlying zoning. a. Use of swimming pools shall be limited to residents and guests of the neighborhood in which they are located. RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/18/2014 Page 18 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. -ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards b. Pools, pool equipment, and decks must be located at least 100 feet from all adjoining interior property lines, and at least 100 feet from all property lines which abut single-family uses. In addition, pools, pool equipment, and decks shall comply with all setback requirements with respect to rights-of-way based on the district in which the property is located. c. Landscape strips and buffer requirements shall be as specified by section 64-237 d. A maximum four-square-foot sign identifying the future use of the property for a swimming pool shall be posted adjoining the lot's frontage until a certificate of occupancy is issued for the facility. e. Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2 footcandles along an adjoining residential property line. Outdoor lighting of recreation facilities in or adjoining residential districts or uses shall be allowed only between dusk and 11:00 p.m. f. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines adjacent to single-family residential uses. (3) Multifamily. Swimming pools, pool equipment, accessory structures, and fencing shall be located a minimum of 100 feet from any residential building, adjoining property line or public right-of-way. (Ord. No. 12-10-152, § 1,10-15-2012) Sec. 64-1610. Swimming pool, public. Pools operated as a club, except clubs serving residential developments, or pools operated as a business are defined herein as public pools. (1) Required districts. 0-1, MIX, C-1, C-2, M-1A, M-1 and M-2. (2) Standards. a. Pools, pool equipment, decks, and parking shall be located a minimum of 100 feet from all property lines which abut single-family residential uses. Adjacent to all other zonings and uses, the district setback requirements shall be provided. b. Landscape strips and buffer requirements shall be as specified by section 64-237. If adjoining any residential district or AG-1 district used for single family a 75 foot buffer and 10 foot improvement setback shall be provided. c. Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2 footcandles along an adjoining residential property line. Outdoor lighting of recreation facilities in or adjoining residential districts or uses shall be allowed only between dusk and 11 :00 p.m. d. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines adjacent to single-family residential uses. RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/18/2014 Page 19 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. -ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards Sec. 64-1611. Temporary classroom. (a) Required districts. All. (b) Standards. (1) The structure must be constructed for use as a temporary classroom and certified as such by the community development department. (2) The principal use must exist prior to the issuance of the permit. (3) The temporary classroom shall not be used to increase the capacity or enrollment as conditioned by zoning, or as limited by other use permit conditions. (4) Placement of the structure shall be hidden from primary view or as approved by the community development director so as not to negatively impact the view from the road or adjoining properties. (5) An administrative permit for a temporary classroom shall expire three years from the date of approval at which time the structure shall be removed unless a new administrative permit is obtained within 30 days of the expiration date. (6) The structure shall not be located within any principal building setbacks or within any required landscape strips or buffers. (7) Two copies of a drawing showing dimensions shall accompany the application and shall accurately depict the proposed location of temporary structures, the traffic patterns and curb cuts and compliance with this section and all other applicable standards of this zoning ordinance. Sec. 64-1612. Temporary structures. (a) Required districts. All, except emission inspection stations shall be permitted only in nonresidential districts except AG-1 . (b) Standards. (1) Temporary structures (whether tents, site-built, mobile or manufactured structures) utilized for construction offices, ticket booths, security guard shelters, storage structures in association with construction, emission inspection stations, portable toilets and other similar uses may be permitted by the community development department in any district. (2) Temporary structures shall be located outside of any required buffers and landscape areas, and shall maintain the principal building setback of the district except portable toilets must maintain a 200-foot setback from existing dwellings. (3) Temporary structures must be removed prior to the issuance of a certificate of occupancy or within five days of completion of the temporary event or activity for which the structure was approved . (4) Placement of the structure shall be hidden from primary view or as approved by the community development director so as not to negatively impact the view from the road or adjoining properties. RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/18/2014 Page 20 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. -ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards (5) Temporary structures used in conjunction with other permitted administrative and use permits shall not be required to obtain a separate administrative permit. (6) An administrative permit for a temporary structure shall expire three years from the date of approval at which time the structure shall be removed unless a new administrative permit is obtained within 30 days of the expiration date. Sec. 64-1613. Temporary use of existing dwelling (while residence is being built). (a) Required districts. All but M-1 , M-1A, and M-2. (b) Standards. (1) The building permit for the new principal structure shall be issued concurrently with the administrative permit. (2) The administrative permit shall expire 90 days after issuance of a certificate of occupancy for the new principal structure or one year after issuance of a building permit, whichever occurs first. Sec. 64-1614. Utility substations (telephone, electric, gas, etc.). (a) Required districts. All. (b) Standards. (1) Utility substations measuring less than 35 square feet and less than five feet in height from finished grade are exempt from these regulations. (2) All substation structures shall be contained within the boundaries of the subject parcel and meet the minimum development standards of the district unless otherwise required in this article. (3) Minimum setback of all utility structures from a residential structure shall be: a. Electric: 200 feet. b. Gas and telephone: the applicable minimum setback for the district in which located. (4) A minimum ten-foot-wide landscape strip planted to buffer standards shall be required around the perimeter of all utility sites except along lines where buffers are required. (5) For electric substations provide a minimum 50-foot-wide replanted or natural buffer adjacent to the property lines of any residential district or AG-1 district used for single-family dwellings. (6) Interior to landscape strips or buffers that do not accomplish 100 percent visual screening as defined in the tree preservation ordinance (chapter 60 of the city Code), provide an eight-foot high opaque fence or, masonry wall, a minimum four-foot high landscaped earthen berm, a vegetative screen or some combination thereof, subject to the approval of the community development department. RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/18/2014 Page 21 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. -ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards Sec. 64-1615. Veterinary clinic/hospital or kennel. (a) Required districts. 0-1, MIX, C-1, C-2, M-1A, M-1, M-2. See section 64-1817 for kennel or outside animal facilities. Deleted as a permitted use in C-2, but is a permitted use in AG-1. (b) Standards. All of the activities directly associated with animal treatment shall occur entirely within a completely enclosed soundproof structure. Sec. 64-1616. Permits for media productions. As applicable, media productions are subject to the requirements of all city departments, such as emergency medical services plans, emergency planning and preparedness plans, tent permits, pyrotechnics permits, food service permits, etc. (1) Applicability. This permit is required for all proposed media productions in the City of Milton not held in an otherwise licensed facility and are intended to be closed to participation from the public. This permit includes, but is not limited to, television or video series, movie, television or video pilots, commercials, feature film, professional photo stills and shoots, music videos, student films, infomercials, public service announcements, and documentaries, where the final work product is to be used for commercial purposes. (2) Required districts. This permit is allowed with conditions in all zoning districts of the City of Milton. (3) Permit types. Two classifications of media production permits are allowed: a. Low impact activities, which are generally those activities that have a limited duration of no more than 14 days with little or no disruption to common adjacent and nearby uses. See additional requirements within section 64-1616 for further description. b. High impact activities, which are generally those activities that have a duration of 15 or more days and/or do not comply with the low impact activity standards set forth in this section . The filming of high-speed crashes or chases, pyrotechnics or explosives or the use of aircraft, and similar actions are examples of high impact activities including any production activity disrupting normal and customary use of the site or adjacent or nearby properties. See additional requirements within section 64-1616 for further description. (4) General standards. In addition to all other applicable codes, permitted activities must abide by the following: a. No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of any residential use. b. No temporary sanitary facilities may be located on or within ten feet of a storm drainage structure. c. Without written consent of the effected property owner or current resident, no tent, table or other temporary structure shall be located within 250 feet of a residential structure. 1. Tents less than 5,000 square feet do not require a building permit; tents equal to or greater than 5,000 square feet require structural plan review and a building permit. Such building permit shall be issued and approved separately. RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16,2014 6/18/2014 Page 22 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. -ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards 2. All tents and temporary structures are subject to all local and state codes and further subject to approval of the fire and building departments. d. Limited sales from vehicles are allowed with approval of the community development director. e. Lighting for filming, both during daylight and nighttime hours, should be oriented away from neighboring residences wherever possible and should not interfere with the safe movement of traffic. All permanent and temporary lig hting shall comply with section 64-185 of the Milton Code of Ordinances. Limited exceptions may be made at the discretion of the community development director. f. Temporary signage may be allowed at the discretion of the community development director. g. Production companies are responsible for cleaning and restoring locations used, including public and private lands, to their original condition, with a minimum amount of noise and disruption. All clean up and restoration activities shall be completed within 60 days of completion of the permitted activities. Inspection of appropriate restoration will be conducted by the community development department. h. No modification of any street sign, street light, traffic Signal or other traffic control device shall be permitted without written approval from the public works director or his/her deSignee. i. No road or lane closures shall be permitted without approval of the public works director. j. No modifications or alterations to the right-of-way shall be permitted unless expressly identified in the permit application. Any modification or alteration of the right-of-way, whether that activity is permitted or not, shall be returned to a condition which is better than or equal to what existed prior to the activity. That determination shall be made by the public works department. k. Credit shall be noted to the City of Milton, Georgia, for all permits required. (5) Low impact activity standards. In addition to the general standards, the following minimum standards must be met in order to be permitted as a low impact activity. Due to the varying nature of this industry and use these standards are not all inclusive and additional conditions may be imposed at the discretion of the community development director to minimize anticipated adverse effects or other objectionable uses. a. No permit shall be effective for more than 14 consecutive days. Permits may be renewable only with the specific approval of the community development director. A single application may include several locations for the same production with appropriate documentation. An application for said permit shall be made no less than five business days prior to the event. Said permit must be available on site to city personnel upon demand. b. No interruption in pedestrian traffic flow is allowed. c. No more than five on-street parking spaces in a commercial or office zoning district. d. No parking in alleys where residential access is provided by alleys. e. A private area for cast, crew and extras must be provided. RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/18/2014 Page 23 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADIVIINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. -ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards f. The hours of operation shall be 7:30 a.m. to 10:00 p.m. every day. All preparation and wrap up activities shall be completed within one-half-hour of this time frame and shall not violate the noise ordinance limitation as stated in subsection 20-681 (1). g. A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use with exceptions per subsection 20-681(2) for periods between 7:30 a.m. and 10:00 p.m. h. No equipment, vehicle, display or other activity shall block access to a public facility such as a, mailbox, parking meter, fire hydrant, traffic control box, driveway or other access point. (6) High impact activity standards. In addition to the general standards, the following minimum standards must be met in order to be permitted as a high impact activity. Due to the varying nature of this industry and use these standards are not all inclusive and additional conditions may be imposed at the discretion of the community development director to minimize anticipated adverse effects or other objectionable uses. These activities may require the onsite placement of the fire rescue department personnel and/or equipment based on the scope of the proposed production. a. No permit shall be effective for more than 14 consecutive days. Permits may be renewable only with the specific approval of the community development director. A single application may include several locations for the same production with appropriate documentation. An application for said permit shall be made no less than ten business days prior to the event. Said permit must be available on site to city personnel upon demand. b. Vehicular traffic may be held for up to 14 calendar days with a detour provided per the approval of the public works director or his/her designee. c. No more than ten on-street parking spaces may be used in a commercial or office zoning district per day. d. No parking in alleys where residential access is provided by alleys. e. A private area for cast, crew and extras must be provided. f. The hours of operation shall be 7:30 a.m. to 10:00 p.m., everyday. Any activity to occur between the hours of 10:00 p.m. and 7:30 a.m. must have completed permit waivers from at least 95 percent of current residents or property owners/business owners within 500 feet of the location prior to commencing activity at the location during evening or morning hours. g. All preparation and wrap up activities shall be completed within one-half-hour of the time frames as set above in [subsection] f. and shall not violate the noise ordinance limitation as stated in subsection 20-681 (1) without completing a permit waiver from at least 80 percent of current residents or property owners/business owners within 1,000 feet of the location . h. A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use with exceptions per subsection 20-681 (2) for periods between 7: 30 a. m. and 10: 00 p.m. i. No equipment, vehicle, display or other activity shall block access to a public facility such as a mailbox, parking meter, fire hydrant, traffic control box, driveway or other access point. RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/18/2014 Page 24 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. -ADM II\IISTRATIVE PERMITS Subdivision II. Minimum Standards j. Based on the proposed scope of the production activity and in consideration of any potential danger to the safety of the community, the police chief and/or the fire chief may require personnel and/or equipment to be placed on standby for portions of the high impact activity at the expense of the applicant. The applicant shall contact the chief of police for approval if any of the following are included in the production: pyrotechnics, demolition, firearms discharge, high speed chases, or physical stunts. (7) Applications. All applications shall be submitted to the Milton Community Development Department for review and approval by the director or his/her designee. The applications shall include the folrowing information at a minimum and shall not be deemed complete until all requested information is received. a. Two copies of a completed application form prepared by the community development department with original signatures of the applicant. A property owner's affidavit will also be required with original signatures. b. Two copies of a drawing, no larger in size than 11 inches by 17 inches, with dimensions (distances in feet) of the activity's location from each site('s) property lines and other minimum distance requirements as specified by this section shall be submitted to the community development department for approval. Said drawing shall also depict north arrow, curb cuts and traffic patterns, and address numbers of locations to be used . c. In addition , two copies of aerial imagery shall be included which locate the proposed site(s) to be used as well as adjoining residential structures. d. Proposed location (mapped), length of road closure, and timing of traffic interruption (by date and time) of any public right-of-way. A traffic management plan in accordance with the MUTCD, current edition will be required as necessary for any closure or traffic interruption per the public works director. e. Signed hold harmless agreement to the benefit of [the] City of Milton. f. Signed agreement to provide a certificate of insurance with the City of Milton as additional insured until the activity is completed. g. Other information as required by the community development director to provide insight to the proposed extent and intensity of the use. (8) Permitting. Permits may be approved, disapproved or issued on a conditional basis as necessary to facilitate receipt of all required information. All permits will be approved or denied within five business days of receipt of the completed low impact activity application or within 10 business days of receipt of a completed high impact activity application . a. Restrictions. Restrictions may be placed on certain applications for use of city property or in the vicinity of city property/city sponsored events such that service and protection to the public is not impaired including, but not limited to the following: 1. The City of Milton reserves the right to refuse access to city property on the grounds of prior reference examination and portrayal of the city in the content of the project. 2. Removal, cutting or trimming of vegetation in the public right-of-way or on public property is prohibited unless specifically approved and limited by the permit. 3. Activity may not be allowed in locations near the area of a city-sponsored event if there is an anticipated conflict with the city's event. RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/18/2014 Page 2S -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. -ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards b. Variations from the approved scope of work included in the permit application may be grounds for immediate revocation. c. Fees. Applicants will be charged a fee for processing, as established by the City of Milton mayor and council. Services for which a fee has not been established will be charged on the basis of time, equipment, and material. Fees for filming applications will be charged according to Appendix A of the Milton Code of Ordinances. 1. Additional fees for the monitoring of public safety will be charged separately by the appropriate departments based on a labor, time and equipment necessary to provide the public service. 2. Street closures shall incur a fee based on the city value of time, materials, and equipment used/requested by the applicant. 3. Permits for tents and other building and structural inspections will by charged separately by the appropriate departments. 4. Rental of city facilities will be charged on a per use basis as set out by the city parks and recreation department. 5. Late request applications will be charged an additional fee per day for each day less than the minimum number of processing days required as stated in subsections (5)a. and (6)a. 6. Processing fees and charges for use of city services or facilities may be reduced or waived for charitable and nonprofit organizations which qualify under Section 501.c.3 of the IRS Code and for city agencies if substantial reward will be provided to the City of Milton at the discretion of the city manager. (9) Permit waivers. Waivers may be required in the likelihood the proposed production will have a negative effect(s) on adjacent business or residents. a. Waivers shall be signed by current residents, property owners, and/or business owners as determined by the community development director. b. Waivers will be provided on a form set out by the community development department. (Ord. No. 11-06-99, § 1, 6-20-2011) Sees. 64-1617-64-1634. Reserved. RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/18/2014 Page 26 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 4. ADULT ENTERTAINMENT USE PERMIT STANDARDS DIVISION 4. ADULT ENTERTAINMENT USE PERMIT STANDARDS Subdivision I. -In General Subdivision II. -Adult Bookstore Subdivision III. -Adult Entertainment Establishments RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 Page 27 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADIVIINISTRATIVE PERMITS AND USE PERMITS DIVISION 4. -ADULT ENTERTAINMENT USE PERMIT STANDARDS Subdivision I. In General Subdivision I. In General Sees. 64-1635-64-1653. Reserved. Sees. 64-1635-64-1653. Reserved. RZ14-02 Text Amendment prepared for the Mayor and City Council Work Session on June 9,2014 Page 28 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX . -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 4. -ADULT ENTERTAINMENT USE PERMIT STANDARDS Subdivision II. Adult Bookstore Subdivision II. Adult Bookstore Sec. 64-1654. I ntent and findings. Sec. 64-1655. Permits. Secs. 64-1656--64-1674. Reserved. Sec. 64-1654. Intent and findings. (a) Generally. The city council intends and finds the following: (1) It is the intent of this subdivision to regulate the place of operation of adult bookstores as defined in section 64-1 . The city council finds, based upon an October, 1980, study by the Minnesota Crime Prevention Center, Inc., Minneapolis, Minnesota, entitled "An Analysis of the Relationship Between Adult Entertainment Establishments, Crime, and Housing Values," that adult bookstores are significantly related to diminishing market values of neighboring residential areas, that adult bookstores should not be located in residential areas, and that adult bookstores should be permitted only in locations that are at least one-tenth mile, or approximately 500 feet, from residential areas. (2) The city council further finds, based upon a June 1978 study by the Division of Planning of the St. Paul, Minnesota, Department of Planning and Economic Development and the Community Crime Prevention Project of the Minnesota Crime Control Planning Board entitled "Effects on Surrounding Area of Adult Entertainment Businesses in Saint Paul," that the presence of adult bookstores correlates with a decreasing market value of neighboring residential areas, that adult bookstores tend to locate in areas of poorer residential condition, tend to be followed by a relative worsening of the residential condition, and that more than two adult entertainment businesses in an immediate area is associated with a statistically Significant decrease in residential property market value, and that such a concentration of adult entertainment businesses in a given area should be discouraged. The board also finds that such worsening of residential conditions will adversely affect uses found in residential areas or in the proximity of residential areas, such as public recreational facilities, public or private institutional uses, churches, schools, universities, colleges, trade-schools, libraries, and day care centers. (3) The city council further finds, based upon a May 19, 1986, land use study conducted in Austin, Texas, that an adult bookstore within one block of a residential area decreases the market value of homes, that adult bookstores are considered a sign of decline by lenders, making underwriters hesitant to approve the 90 to 95 percent financing many homebuyers require, and that patrons of adult bookstores tend to be from outside the immediate neighborhood in which the adult bookstore is located. (4) The city council further finds, based upon a March 3, 1986, study conducted by the Oklahoma City, Oklahoma, Community Development Department entitled "Adult Entertainment Businesses in Oklahoma City-A Survey of Real Estate Appraisers," that an adult bookstore will have a negative effect on residential property market values if it is located closer than one block to residential uses. (5) The city council further finds that this section of this zoning ordinance regarding regulation of adult bookstores has been carefully considered by a workgroup of city staff drawn from the RZ14-02 Text Amendment prepared for the Mayor and City Council Work Session on June 9, 2014 Page 29 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 4. -ADULT ENTERTAINMENT USE PERMIT STANDARDS Subdivision II. Adult Bookstore areas of law enforcement, land use, land planning, and law; by the planning commission at public meetings where public comment was available; and by a committee of citizens with expertise in law, real estate, land use, and other disciplines, who have reviewed this section, particularly with respect to its provisions relating to the effects of adult bookstores on market values of residential and other property, and that the information gathered and results of this informal study support the need for these development standards. (6) This subdivision is intended to be a carefully tailored regulation to minimize the adverse land use impacts caused by the undesirable secondary effects of adult bookstores, and the city council finds that restricting adult bookstores to industrially zoned areas and imposing development standards can legitimately regulate adult bookstores by establishing zones where adult bookstores are most compatible with other uses or the surrounding neighborhood, and by requiring minimum distances to be maintained between adult bookstore uses and other uses so as to afford the most protection to residential uses. (7) It is not the intent of the city council, in enacting this section, to deny to any person rights to speech protected by the United States or state constitutions, nor is it the intent to impose any additional limitations or restrictions on the contents of any communicative materials, including sexually oriented films, videotapes, books, or other materials; further, in the adoption of this subdivision, the city council does not intend to deny or restrict the rights of any adult to obtain or view any sexually oriented materials protected by the United States or state constitutions, nor does it intend to restrict or deny any constitutionally protected rights that distributors or exhibitors of such sexually oriented materials may have to sell, distribute, or exhibit such constitutionally protected materials; finally, in the enactment of this zoning ordinance, the city council intends to adopt a content neutral measure to address the secondary effects of adult bookstores. (b) Required districts. M-1, M-2 (Industrial), C-1 and C-2 (Commercial) districts. (c) Standards. (1) All boundary lines of the property included within the use permit as filed must be located at least 500 feet from the properties listed in subsections (c)(1 )a. and b. of this section: a. The property line of Suburban A, Suburban B, Suburban C, R-1, R-2, R-2A, R-3, R-3A, R­ 4A, R-4, R-5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1 zoned property or property conditioned or used for residential purposes. b. The property line of any public recreational facilities, public or private institutional uses, including but not limited to churches, schools, universities, colleges, trade-schools, libraries, day care centers and other training facilities where minors are the primary patrons. (2) The boundary line of the use permit must be located at least 1,500 feet from the property line of any other adult entertainment establishment or adult bookstore. (3) Submit with the application for a use permit a certified boundary survey by a licensed surveyor of the site and the property lines of surrounding properties identifying the use of properties at or within 1,000 feet of the boundary lines of the subject property and adult entertainment establishments or adult bookstores within 1,500 feet of the boundary line of the subject property. (4) If the adult bookstore is to be located in an existing structure where a land disturbance permit is not required, an existing building permit review application must be filed and determined by the RZ14-02 Text Amendment prepared for the Mayor and City Council Work Session on June 9, 2014 Page 30 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADIVIINISTRATIVE PERMITS AND USE PERMITS DIVISION 4. -ADULT ENTERTAINMENT USE PERMIT STANDARDS Subdivision II. Adult Bookstore community development department to be in compliance with the terms of this resolution prior to any occupancy. (5) Permitted curb cut access shall be from a major thoroughfare. (6) No depiction of anatomical areas or sexual activities specified in the definition of "adult entertainment" shall be visible from outside the structure or on signage outside the structure. (7) The minimum landscape areas required for the 0-1 zoning district as specified in article III of this zoning ordinance shall be required . Where buffers are required, the underlying zoning district buffer standards shall apply. Sec. 64-1655. Permits. (a) Issuance. Notwithstanding the provIsions of sections 64-1546 through 64-1552, any applicant meeting the requirements and standards of section 64-1654 shall be entitled to the issuance of a use permit. (b) Applications. Notwithstanding any other provision herein, any material omission or untrue or misleading information contained in or left out of an application for a use permit shall be grounds for denial of said permit. (c) Processing. The city shall have 90 days (unless the application is suspended by failure of the applicant to provide data, information or records as reasonably requested by the city and required by this Code, to complete the investigation) from receipt of a completed application for a use permit to make a decision in which to grant or deny a use permit. The community development department and the planning commission shall make recommendations to the city council regarding the approval or denial of the use permit and the council shall make the final decision after a public hearing regarding the same. In the event the city council has not granted or denied the application within 90 days (unless the application is suspended by failure of the applicant to provide data, information or records as reasonably requested by the city to complete the investigation), the use permit shall automatically issue. (d) Denial. In the event an application for a use permit is denied by the city council, the applicant shall be notified in writing of such denial within ten business days by U.S. mail. A decision by the city council regarding the denial of said permit is a final action; therefore, any appeal of such decision shall be pursued by application for writ of certiorari filed with the Superior Court of Fulton County in accordance with applicable statute. This appeal shall in no way preclude an applicant from seeking any other remedies available at law or equity. (e) //legal business or entity prohibited. Nothing in this section shall allow for the conducting or zoning of any business or entity which would otherwise be illegal. Sees. 64-1656-64-1674. Reserved. RZ14-02 Text Amendment prepared for the Mayor and City Council Work Session on June 9, 2014 Page 31 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 4. -ADULT ENTERTAINMENT USE PERMIT STANDARDS Subdivision III. Adult Entertainment Establishments Subdivision III. Adult Entertainment Establishments Sec. 64-1675. Intent. Sec. 64-1676. Requirements. Sec. 64-1677. Perm~s. Secs. 64-1678-64-1796. Reserved . Sec. 64-1675. Intent. (a) It is the intent of this subdivision to regulate the place and manner of the operation of businesses or facilities that offer adult entertainment. It is well established and has been the experience of other communities in the state and throughout the United States that adult entertainment, which includes public nudity, has been associated with and may encourage disorderly conduct, prostitution and sexual assault. (b) This subdivision advances the substantial government interest in promoting and protecting public health, safety, and general welfare, maintaining law and order and prohibiting public nudity. This subdivision is narrowly constructed to protect the First Amendment rights of citizens of the city while furthering the substantial governmental interest of combating the secondary effects of public nudity and adult entertainment from areas and uses of the community which are incompatible. (c) Areas and uses which are to be protected from adult entertainment include, but are not limited to: (1 ) Residential; (2) Churches; (3) Day care centers; (4) Libraries; (5) Recreational facilities; and (6) Schools. Sec. 64-1676. Requirements. The following requirements apply to adult entertainment establishments: (1) Required districts. M-1 (Light Industrial), M-2 (Heavy Industrial), C-1 and C-2 (Commercial) districts. (2) Standards. a. All boundary lines of the property included within the use permit must be located at least 500 feet from the properties listed in subsections (2)a.1 and 2 of this section: 1. The property line of Suburban A, Suburban S, Suburban C, R-1, R-2, R-2A, R-3, R­ 3A, R-4A, R-4, R-5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1 zoned property or property conditioned or used for residential purposes. RZ14-02 Text Amendment prepared for the Mayor and City Council Work Session on June 9,2014 Page 32 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMII'JISTRATIVE PERMITS AND USE PERMITS DIVISION 4. -ADULT ENTERTAINMENT USE PERMIT STANDARDS Subdivision III. Adult Entertainment Establishments 2. The property line of any public recreational facilities, public or private institutional uses including, but not limited to, churches, schools, universities, colleges, trade-schools, libraries, day care centers and other training facilities where minors are the primary patrons. b. The boundary line of the use permit must be located at least 1,500 feet from the property line of any other adult entertainment establishment or adult bookstore. c. Submit with the application for a use permit a certified boundary survey of the site and the property lines of surrounding properties identifying the use of properties at or within 1,000 feet of the boundary lines of the subject property and adult entertainment establishments and adult bookstores within 1,500 feet of the boundary line of the subject property. d. No final land disturbance permit, building permit, certificate of occupancy, or building permit review certificate may by issued until the approved city adult entertainment business license is filed with the director of the community development department. e. If the adult entertainment business is to be located in an existing structure where a land disturbance permit is not required, an existing building permit review application must be filed and approved in the community development department prior to any occupancy. f. Building shall be located a minimum of 50 feet from all property lines. g. Parking spaces provided. at a ratio of ten per 1,000 gross square feet of floor space shall be h. Permitted curb cut access shall be directly from a major thoroughfare. i. On-premises signs shall not display lewd or graphic depictions of body parts or acts which are defined in this article and section 64-1 j. No adult entertainment shall be visible from outside the structure. k. The minimum landscape areas required for the 0-1 zoning district as specified in article III of this zoning ordinance shall be required. Where buffers are required, the underlying zoning district buffer standards shall apply. Sec. 64-1677. Permits. (a) Issuance. Notwithstanding the provIsions of sections 64-1546 through 64-1552, any applicant meeting the requirements and standards of section 64-1676 shall be entitled to the issuance of a use permit. (b) Applications. Notwithstanding any other provision herein, any material omission or untrue or misleading information contained in or left out of an application for a use permit shall be grounds for denial of said permit. (c) Processing. The city shall have 90 days (unless the application is suspended by failure of the applicant to provide data, information or records as reasonably requested by the city and required by this Code to complete the investigation) from receipt of a completed application for a use permit to make a decision in which to grant or deny a use permit. The community development department and the planning commission shall make recommendations to the city council regarding the approval or denial of the use permit and the council shall make the final decision after a public hearing regarding the same. In the event the city council has not granted or denied the application within 90 RZ14-02 Text Amendment prepared for the Mayor and City Council Work Session on June 9, 2014 Page 33 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 4. -ADULT ENTERTAINMENT USE PERMIT STANDARDS Subdivision III. Adult Entertainment Establishments days (unless the application is suspended by failure of the applicant to provide data, information or records as reasonably requested by the city to complete the investigation), the use permit shall automatically issue. (d) Denial. In the event an application for a use permit is denied by the city council, the applicant shall be notified in writing of such denial within ten business days by U.S. mail. A decision by the city council regarding the denial of said permit is a final action; therefore, any appeal of such decision shall be pursued by application for writ of certiorari filed with the Superior Court of Fulton County within 30 days of the decision. This appeal shall in no way preclude an applicant from seeking any other remedies available at law or equity. (e) Illegal business or entity prohibited. Nothing in this section shall allow for the conducting or zoning of any business or entity which would otherwise be illegal. Sees. 64-1678-64-1796. Reserved. RZ14-02 Text Amendment prepared for the Mayor and City Council Work Session on June 9, 2014 Page 34 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES DIVISION 5. MISCELLANEOUS USES Sec. 64-1797. Agricultural-related activities. Sec. 64-1798. Aircraft landing area. Sec. 64-1799. Amateur radio antenna to exceed the administrative permit height. Sec. 64-1800. Amphitheaters. Sec. 64-1801 . Reserved. Sec. 64-1802. Bed and breakfast. Sec. 64-1803. Cemetery and mausoleum (human or pet). Sec. 64-1804. Church, temple or place of worship. Sec. 64-1805. Commercial amusement. outdoor. Sec. 64-1806. Composting. Sec. 64-1807. Convalescent center/nursing home/hospice. Sec. 64-1808. Country inn. Sec. 64-1809. Day care facility. Sec. 64-1810. Driving range (not associated with a golf course). Sec. 64-1811 . Eguine garment fabrication. Sec. 64-1812. Festivals or events. outdoor/indoor. Sec. 64-1813. Group residence. Sec. 64-1814. Group residence for five to eight children. Sec. 64-1815. Group residence for nine to 15 children. Sec. 64-1816. Height: to exceed district maximum. Sec. 64-1817. Kennel or outside animal facilities. Sec. 64-1818. Landfill. inert waste disposal. Sec. 64-1819. Landfill. solid waste disposal. Sec. 64-1820. Landscape business. Sec. 64-1821 . Lodge. retreat and campground. Sec. 64-1822. Medical-related lodging. Sec. 64-1823. Mobile home; accessory dwelling. Sec. 64-1824. Quarries and surface mining sites. Sec. 64-1825. Personal care home/assisted living. Sec. 64-1826. Private correctional facility/prison. Sec. 64-1827. Race track. Sec. 64-1828. Recreational fields. RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/18/2014 Page 35 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION S. MISCELLANEOUS USES Sec. 64-1829. Recycling center, processing. Sec, 64-1830. Salvage, storage and junk facility. Sec. 64-1831. School, private or special. Sec. 64-1832. Self-storage/mini. Sec. 64-1833. Self-storage/multi. Sec. 64-1834. Senior housing. Sec. 64-1835. Skywalks. Sec. 64-1836. Stadium (off-site) associated with private school. Sec. 64-1837. Transfer station. solid waste. Sec. 64-1838. Exotic or wild animals. Sec. 64-1839. Apartments. Sec. 64-1840, Barns or riding areas. Sec. 64-1841 . Rowhouses/town houses. Secs. 64-1842-64-1856. Reserved. Sec. 64-1797. Agricultural-related activities. It is the intent of this division to allow certain agricultural-related activities with a use permit in compliance with the development standards below to preserve the nature of agricultural areas. Such uses shall include, but not be limited to, petting zoo, educational tours, dude ranches, picnicing, and pay fishing . (1) Required district. AG-1 . (2) Standards. a. Minimum lot size shall be five acres. b. Permitted curb cut access shall not be from a local street. c. Food services may be provided. d. A minimum of 100-foot setback is required from all property lines for activity areas, including parking. e. All structures housing animals shall be set back a minimum of 100-feet from all property lines. f. All parking and access areas must be of an all weather surface. g. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts or AG-1 districts used for single-family dwellings. RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/18/2014 Page 36 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION S. MISCELLANEOUS USES h. Hours of operation shall commence no earlier than 6:00 a.m. and cease by 10:00 p.m. i. If located adjacent to any residential district or an AG-1 district used for single-family dwellings, the minimum buffers and landscape strips required for the 0-1 district as specified in article III of this zoning ordinance shall be required. j. Sanitary facilities or trash receptacles shall be located a minimum of 100 feet from a property line of any residential district and/or AG-1 district used for single-family dwellings. Sec. 64-1798. Aircraft landing area. (a) Required districts. All. (b) Standards. (1) For fixed wing aircraft, a 1,000 foot clear zone extending from the end of all runways shall be secured through ownership or easement, but in no case shall the end of a runway be closer than 200 feet from any property line. (2) For both fixed and rotary-wing aircraft, neither the landing area nor any building, structure or navigational aid shall be located within 400 feet of a property line adjacent to any residential district or AG-1 district used for single-family dwellings. (3) Landing areas for fixed wing and rotary wing aircraft shall be designed to comply with the Airport Design Guide of the Federal Aviation Administration. (4) If located within or adjacent to a residential district or AG-1 district used for single-family dwellings, the hours of operation shall be limited to 7:00 a.m. to 11 :00 p.m. (5) A use permit for an aircraft landing area shall have no force and effect except for requesting a land disturbance permit prior to filing a satisfactory FAA airspace analysis with the director of the community development department. (6) In accordance with section 64-2127, submit an environmental impact report as required . Sec. 64-1799. Amateur radio antenna to exceed the administrative permit height. (a) Purpose. It is the intent of this section to regulate the placement of amateur radio towers in a manner that does not impose on public health, safety, general welfare. (See also section 64-1593.) (b) Design, placement and height requirements. The following regulations on design, location, placement, and height limits of antennas in residential districts implements city's governmental interest in land planning, aesthetics and public safety by requiring the following use permit standards: (1) Required districts. All. (2) Standards. a. Antennas shall be located in the rear yard. b. The request to exceed the height of 90 feet shall be accompanied by a written justification of its intent by the licensee. Under no circumstances shall an antenna exceed 200 feet in height. c. All antennas shall be set back from the property line one-third the height of the antenna or the district setback requirements, whichever is greater. However, the antenna must be RZ14-02 Text Amendment prepared for the Mayor and City Council lVieeting on June 16, 2014 6/18/2014 Page 37 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES located a distance equal to or greater than the antenna height from the nearest residential dwelling, excluding the primary dwelling or structure which is located on the same lot as the antenna. d. Antennas shall not be lighted. e. All antennas must be constructed with an anticlimbing device. f. Antennas shall surroundings. be painted in a neutral color identical or closely compatible with g. All guy wires must be anchored on site and outside of right-of-way. Sec. 64-1800. Amphitheater. (a) Required districts. AG-1, 0-1, MIX, C-1 , C-2, M-1A, M-1 , and M-2 . (b) Standards. (1) Lot area shall be a minimum of ten acres. (2) The stage shall be located a minimum of 600 feet from adjacent properties zoned for residential use and/or AG-1 districts used for single-family dwellings. (3) Permitted curb cut access shall be only from an arterial street. (4) A minimum 100-foot buffer and ten-foot improvement setback shall be provided adjacent to residential districts, property zoned for residential use zoning or development or AG-1 districts when used for single-family dwellings. (5) A minimum 50-foot buffer and ten-foot improvement setback shall be provided adjacent to nonresidential districts zon ing or development. (6) A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at the property lines of adjacent residential districts and/or AG-1 districts used for single-family dwellings. (7) Eight-foot high fencing shall be provided adjacent to properties zoned for residential use or AG­ 1 districts used for single-family dwellings. (8) The hours of operation of the facility shall be limited to 8:00 a.m. to 11 :00 p.m. when adjacent to properties zoned for residential use or AG-1 districts used for single-family dwellings. Sec. 64-1801. Reserved. Editor's note-­ Section 1 of Ord . No.1 0-08-72, adopted Aug. 16, 2010, repealed § 64-1801, which pertained to antenna tower and associated structure (radio, T.v., microwave broadcasting, etc.) to exceed the district height. RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16,2014 6/18/2014 Page 38 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES Sec. 64-1802. Bed and breakfast. (a) Required districts. AG-1 (Agricultural), R-6, and TR (Townhouse residential). (b) Standards. (1) A minimum of two guestrooms and a maximum of five guestrooms are permitted. (2) No parking in the minimum front yard. (3) The bed and breakfast shall be owner occupied. (4) Permitted curb cut access shall not be from a local street. (5) The minimum landscape and buffer areas hall be required as specified in article III of this zoning ordinance for the AG-1 agricultural district. (6) Parking requirements shall be the same as hotel/motel as specified in article VIII of this zoning ordinance. (7) Identification or advertising signs shall be limited to four square feet in surface area and four feet in height. Sec. 64-1803. Cemetery and mausoleum (human or pet). (a) Required districts. All. (b) Standards. (1) Permitted curb cut access shall be only from a major thoroughfare, unless in conjunction with a place of worship. (2) No building shall be located within 50 feet of a residential district or AG-1 district used for single­ family dwellings. (3) All structures, including graves, shall be inside meet the minimum yard setbacks or ten feet, whichever is greater. (4) If located adjacent to a Single family dwelling district or AG-1 district used for single-family dwellings, the minimum buffers and landscape strips required for the 0-1 district as specified in article III of this zoning ordinance shall be required. Sec. 64-1804. Church, temple or place of worship. (a) Required districts. Suburban A, Suburban B, Suburban C, R-1, R-2, R-2A, R-3, R-3A, R-4A, R-4, R­ 5, R-5A, R-6, TR, NUP, A, A-L, and AG-1 . (b) Standards. (1) All buildings and use areas/structures other than parking and pedestrian walkways shall be located at least 100 feet from any adjoining residential district or AG-1 district used for single­ family dwellings. (2) No parking shall be located within the minimum front yard setback. RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/18/2014 Page 39 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES (3) Any associated day care centers, private schools, recreational fields or other uses requiring a use permit or administrative permit shall be allowed only under a separate approved use permit or administrative permit for each use. (4) The minimum buffers and landscape strips required for the 0-1 zoning district as specified in article III of this zoning ordinance shall be required. Sec. 64-1805. Commercial amusement, outdoor. This section includes, but is not limited to, amusement parks, bungee jumping parks, skateboard parks, ski slopes, batting cages, miniature golf, drive-in theaters, etc. (See also section 64-1810 driving ranges.) (1) Required districts. C-2, M1-A, M-1 and M-2. (2) Standards. a. Permitted curb cut access shall be derived only from arterial streets. b. A minimum 100-foot buffer and ten-foot improvement setback shall be provided adjacent to residential districts or AG-1 districts used for single-family dwellings. c. A minimum 50-foot buffer and ten-foot improvement setback shall be provided adjacent to nonresidential zoning or development districts. d. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts or AG-1 districts used for single-family dwellings. e. Eight-foot high fencing shall be provided adjacent to any residential district or AG-1 district when used for single family and interior to any required landscape strips or buffers. f. The hours of operation of the facility shall be limited to 8:00 a.m. to 11 :00 p.m. adjacent to residential districts or AG-1 when used for single-family dwellings. g. All recreational structures and activities shall maintain a minimum setback of 100 feet from any public right-of-way. h. The height limits of the zoning district shall apply to all recreational structures unless a use permit to exceed the height is granted (See section 64-1816). Sec. 64-1806. Composting. (a) Required districts. AG-1. (b) Standards. (1) Lot area shall be a minimum of five acres. (2) Permitted curb cut access shall be derived from an arterial or major collector. (3) The hours of operation shall be between the hours of 7:00 a.m. to 6:00 p.m. (4) All operations shall maintain a minimum setback of 100 feet from all property lines. (5) The minimum buffers required are as specified for the M-1 district. (See article III of this zoning ordinance. ) RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/18/2014 Page 40 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERIVIITS DIVISION 5. MISCELLANEOUS USES (6) On-site traffic shall be limited to an all-weather surfaced area. (7) Stored materials shall be contained in such a manner as to prevent the blowing of any materials onto any surrounding property or roadway. (8) The composting facility shall obtain all necessary permits from the state department of natural resources, environmental protection division. (9) A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts or AG-1 districts used for single-family dwellings. (10) In accordance with section 64-2127, submit an environmental impact report as required. Sec. 64-1807. Convalescent center/nursing home/hospice. (a) Required districts. R-6 and TR. This section is allowed as a permitted use in districts 0-1, MIX, A, A­ L, C-1 and C-2. (b) Standards. (1) Facilities shall be for five persons or more. (2) Permitted curb cut access shall be from an arterial or a major collector. (3) Provide the minimum landscape strips and buffers as required for the 0-1 zoning district as specified in article III of this zoning ordinance. (4) Provide a 50-foot building setback from all single family districts or AG-1 districts used for single-family dwellings. (5) No parking allowed within the minimum front yard setback. (6) Rooms or suites of rooms may be designed with separate kitchen facilities. (7) Facility shall comply with applicable local, state, and federal regulations. (8) In accordance with section 64-2131, submit a noise study report as required. Sec. 64-1808. Country inn. (a) Required districts. AG-1. (b) Standards. (1) Lot area shall be a minimum of five acres. (2) A minimum of six guestrooms and a maximum of 30 rooms are permitted. (See section 64­ 1802, bed and breakfast, for less than six guestrooms.) (3) The country inn shall be owner occupied. (4) Permitted curb cut access shall be from a minor collector or higher road classification . (5) The establishment may provide meal services to guests. (6) Parking shall not be permitted within the minimum front yard setback. RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/18/2014 Page 41 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADIVIINISTRATIVE PERIVIITS AI\ID USE PERIVIITS DIVISION S. MISCELLANEOUS USES (7) Identification or advertising signs shall be limited to one sign of not more than nine square feet and no more than four feet in height. (8) Parking requirements shall be the same as hotel/motel as specified in article VIII. Sec. 64-1809. Day care facility. (a) Required districts. R-6, TR, A, and A-L. May be allowed in single-family districts and AG-1 in conjunction with an institutional use such as a church, temple, place of worship, school or a hospital. This use is allowed as a permitted use in districts CUP, 0-1, MIX, C-1 , C-2, Deerfield/Hwy 9 Form Based Code and Crabapple Form Based Code (b) Standards. (1) Facility shall be for seven or more persons, excluding staff. (2) Provide a minimum six-foot high opaque fence interior to any required landscape strips or buffers around the periphery of the yard used for the play area. (3) Play areas shall be located within the rear or side yards. (4) The hours of operation shall be limited to 6:00 a.m. to 7:00 p.m. (5) No parking allowed in the minimum front yard setback. (6) Driveway design shall permit vehicles to exit the property in a forward direction. (7) In accordance with section 64-2131 , submit a noise study report as required. Sec. 64-1810. Driving range (not associated with a golf course). (a) Required districts. AG-1, 0-1, MIX, C-1, C-2 , and M-1A. (b) Standards. (1) Lot area shall be a minimum of ten acres. (2) Permitted curb cut access shall be from a major collector or arterial. (3) Loudspeakers/paging systems are prohibited adjacent to residential districts or AG-1 districts used for single-family dwellings. (4) The hours of operation shall be limited to 8:00 a.m. to 11 :00 p.m. adjacent to residential districts or AG-1 districts used for single-family dwellings. (5) Comply with the night sky illumination ordinance (Chapter 64, Article II, Division 7) Sec. 64-1811. Equine garment fabrication. (a) Required districts. AG-1 . (b) Standards. RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/18/2014 Page 42 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMII'JISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES (1) Limited to the fabrication and wholesale distribution of blankets, saddles, halters, and other similar garments. (2) All fabrication and storage associated with the permitted use shall occur entirely within a completely enclosed building. Sec. 64-1812. Festivals or events, outdoorlindoor. (a) Required districts. AG-1, 0-1, MIX, C-1, C-2, M-1A, M-1, and M-2. This section includes, but is not limited to, horse shows, carnivals, dog shows, arts and crafts shows, music festivals, etc. (See festivals or events, occasional, if not covered herein.) (b) Standards. (1) Permitted curb cut access shall not be from local streets. (2) Eight-foot high 100 percent opaque fencing shall be provided adjacent to residential districts or AG-1 districts used for single-family dwellings. (3) Hours of operation shall be limited to 8:00 a.m. to 11 :00 p.m. when adjacent to residential districts or AG-1 districts used for single-family dwellings. (4) Activity areas, including parking, shall be at least 100 feet from a residential district or AG-1 districts used for single-family dwellings. (5) A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent to land which is used for residential districts or AG-1 districts used for single-family dwelling purposes. (6) The festival or event shall be limited to a three-year period from the date of the city council's approval not to exceed a total of 180 consecutive days in a calendar year. Sec. 64-1813. Group residence. (a) Required districts. R-6 and TR. This section is allowed as a permitted use in districts A, A-L, 0-1, MIX, C-1 and C-2. (b) Standards. (1) Facilities shall be for five persons or more. (2) Permitted curb cut access shall not be allowed from a local street. (3) The minimum landscape strips and buffers required for the 0-1 district as specified in article III of this zoning ordinance shall be provided. (4) Parking shall not be permitted within the minimum front yard. (5) Facility shall comply with applicable local, state, and federal regulations and provide the community development department with the applicable permit prior to the issuance of a certificate of occupancy. (6) Facility shall not be located closer than a quarter mile to the nearest property line of another group residence. RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/18/2014 Page 43 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES Sec. 64-1814. Group residence for five to eight children. (a) Required districts. AG-1, R-1, R-2, R-2A, R-3, R-3A, R-4, R-4A, R-5, R-5A, SUB-A, SUB-B, SUB-C, NUP, CUP. (b) Standards. (1) Facility shall be for no more than eight children. (2) Parking shall comply with the requirements of article VIII of this zoning ordinance for dwellings. (3) Copies of applicable local, state, and federal permits shall be provided to the community development department prior to the issuance of a certificate of occupancy. (4) Facility shall not be located closer than a quarter mile to the nearest property line of another group residence. Sec. 64-1815. Group residence for nine to 15 children. (a) Required districts. R-6 and TR. (b) Standards. (1) Facility shall be for no more than 15 children. (2) Parking shall comply with the requirements of article VIII of this zoning ordinance for dwellings. (3) Copies of applicable local, state, and federal permits shall be provided to the community development department prior to the issuance of a certificate of occupancy. (4) Facility shall not be located closer than a quarter mile to the nearest property line of another group residence. Sec. 64-1816. Height; to exceed district maximum. (a) Required districts. 0-1 , A, A-L, MIX, C-1, C-2, M-1, M-1A and M-2. (b) Standards. (1) Submit a site plan along with the application which shall depict the open space and spatial arrangement of buildings and facilities. (2) Sources of exterior illumination shall not be visible from adjoining residences. Sec. 64-1817. Kennel or outside animal facilities. (a) Required districts. C-2, M-1 , and M-2. (See section 64-1615 for enclosed kennels.) (b) Standards. (1) Minimum one-acre lot size is required. (2) Buildings and runs, sun areas, exercise yards, patios or facilities other than parking shall be located at least 100 feet from all property lines and 200 feet from any single-family district or AG-1 district used for single-family dwellings. RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/18/2014 Page 44 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES Sec. 64-1818. Landfill, inert waste disposal. (a) Required districts. AG-1, M-1 and M-2. (b) Standards. (1) No access shall be allowed from local streets. (2) Access streets shall be paved and shall be able to withstand maximum load limits established by the state as approved by the director of public works. (3) No portion of a new landfill shall be located within a three mile radius of the property lines of an existing landfill. (4) The waste disposal boundary of a landfill shall be located at least 500 feet from all property lines except adjacent to M-1 (Light Industrial) and M-2 (Heavy Industrial) zone districts. (5) A minimum 200-foot buffer and ten-foot improvement setback shall be required along all property lines except public rights-of-way. (6) A minimum 50-foot buffer and ten-foot improvement setback shall be required along all public rights-of-way. (7) A minimum six-foot high solid fence or wall shall be located on property lines or interior to the required buffers and improvement setbacks. (8) Limit hours of operation from 6:00 a.m. to 6:00 p.m., Monday through Saturday. (9) The owner shall provide the director of the community development department a current copy of all applicable permits from the Georgia Department of Natural Resources upon application for a land disturbance permit. (10) Vehicles shall be allowed into a landfill site only if waste is covered to prevent blowing of material from the vehicle. (11) In accordance with section 64-2127, submit an environmental impact report as required . (12) No portion of a new or expanded landfill shall be located within a one-mile radius of the property lines of residentially zoned or used property. An expanded landfill shall not include any expanded use within the parcel boundaries of an existing site or location. (13) The landfill shall be operated in accordance with: a. The Rules of Georgia, Department of Natural Resources, Environmental Protection Division, Ga. Compo Rules and Regs. 391-3-4, Solid Waste Management; b. O.C.GA § 12-8-20, Georgia Comprehensive Solid Waste Management Plan: and C. 40 CFR 258 (subtitle D of RCRA). Sec. 64-1819. Landfill, solid waste disposal. (a) Required districts. M-2. (b) Standards. (1) No access shall be allowed from local streets. RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/18/2014 Page 45 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION S. MISCELLANEOUS USES (2) Access streets shall be paved and shall be able to withstand maximum load limits established by the state as approved by the director of public works. (3) No portion of a new landfill shall be located within a three-mile radius of the property lines of an existing landfill. (4) The waste disposal boundary of a landfill shall be located at least 500 feet from all property lines except adjacent to M-1 (Light Industrial) and M-2 (Heavy Industrial) zone districts. (5) A minimum 200-foot buffer and ten-foot improvement setback shall be required along all property lines except public rights-of-way. (6) A minimum 50-foot buffer and ten-foot improvement setback shall be required along all public rights-of-way. (7) A minimum six-foot high solid fence or wall shall be located on property lines or interior to the required buffers and improvement setbacks. (8) Limit hours of operation from 6:00 a.m . to 6:00 p.m., Monday through Saturday. (9) The owner shall provide the director of the community development department a current copy of all applicable permits from the Georgia Department of Natural Resources upon application for a land disturbance permit. (10) Vehicles shall be allowed into a landfill site only if waste is covered to prevent blowing of material from the vehicle. (11) In accordance with section 64-2127, submit an environmental impact report as required. (12) No portion of a new or expanded landfill shall be located within a one-mile radius of the property lines of a residentially zoned or used property. An expanded landfill shall not include any expanded use within the parcel boundaries of an existing site or location. (13) The landfill shall be sited and operated in accordance with: a. The Rules of Georgia, Department of Natural Resources, Environmental Protection Division, Ga. Compo Rules and Regs. 391-3-4, Solid Waste Management: b. O.C.G.A. § 12-8-20, Georgia Comprehensive Solid Waste Management Plan: and C. 40 CFR 258 (subtitle D of RCRA). Sec. 64-1820. Landscape business. It is the purpose of the regulation to permit the filing of a permit application, within an area zoned AG- 1(agricultural), for the operation of a landscape business. Such use may only be permitted where it is determined that such use will be compatible within the specific area identified within the application. Allowing such use by permit only provides an opportunity for a business owner to operate such use in property zoned AG-1 (agricultural), while creating a mechanism for review, oversight and registration of the use. The following standards place basic limitations on such use and establish criteria to aid in the evaluation of an application for a landscape business. It is understood that proposals for a landscape business will vary in scope and that based on the specific location and surrounding uses, individual properties will be suited for differing intensities of operation. It is further understood that some sites will simply not be suited at all for such use. The burden shall be on the applicant to demonstrate that the RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/18/2014 Page 46 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES proposed use is compatible with the specific site and surrounding area and in compliance with the criteria set forth in this section. In accordance with the above purpose, a permit for a landscape business in an area zoned AG-1 (agricultural) may be issued, subject to the following requirements: (1) No retail or wholesale sales shall occur on the property except for sales at roadside produce stands. (2) No individual building, used for the business operation, shall exceed 2,000 square feet, and the total square footage of all such buildings shall not exceed 5,000 square feet. The size of each building and the total size of all buildings may .be reduced based on the compatibility with surrounding uses. (3) The design of any proposed building(s) shall comply with the appropriate overlay district. (4) All use areas, storage areas, dumpsters, or structures other than parking and pedestrian walkways shall be located at least 75 feet from any adjoining residential district or AG-1 (agricultural) district. (5) A maximum of six employee vehicles may be parked on the property at any time. Parking spaces shall be designed and placed in a manner that minimizes the impact or detraction from neighboring properties. Personal vehicles shall only be parked in approved designated locations. (6) A maximum of two commercial vehicles used for the landscape business shall be screened such that they cannot be viewed from adjacent properties or the public right-of-way and shall be parked on specifically identified portions of the property. Additional commercial vehicles and equipment must be parked and/or stored inside a building. This excludes commercial vehicles delivering materials or equipment to the business which may park temporarily on the property not to exceed 90 minutes. (7) Hours of operation and vendor material deliveries shall occur between the hours of 7:30 a.m. and 7:30 p.m., Monday [through] Friday and 9:00 a.m. to 6:00 p.m. on Saturdays. (8) Storage of landscape materials on the property may be permitted in limited quantities provided the materials are specifically identified on the site plan and confined. Such plan shall show the location and means of confinement of any material to be stored. Material may include bark mulch, topSoil, sand-based material, stone, brick, concrete block, peat moss, plants and timbers. Limited quantities of fertilizer and/or insecticide may also be stored, provided they are in the manufacturer's original sealed containers and placed inside of a building and in compliance with local, state and federal regulations. (9) All landscape debris and refuse shall be contained in appropriate sized containers and no debris or refuse shall be stored on the ground. (10) The on-site bulk storage of gasoline, diesel fuel, other petroleum products, fertilizers, insecticides or any other environmentally sensitive material is prohibited. (11) The proposed use shall not create noise, odors or produce light spillage that is considered a nuisance under Georgia law. (12) Access shall only be allowed from minor arterial or collector streets as depicted in the City of Milton Transportation Plan Inventory of Existing Conditions Report Map 5, dated April 2009. (Ord . No. 11-05-97, § 1, 5-16-2011) RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/18/2014 Page 47 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES Editor's note-­ Section 1 of Ord. No. 11-05-97, adopted May 16, 2011 , changed the title of § 64-1820 from "Landscaping business, plant nursery or garden center with indoor retail component" to "Landscape business." Sec. 64-1821. Lodge, retreat and campground. (a) Required districts. AG-1, M-1A, M-1 and M-2. This section includes facilities of lodging and food service for social, educational and recreational purposes. (b) Standards. (1) Minimum lot size shall be ten acres. (2) Permitted curb cut access shall not be derived from a local street. (3) A minimum 100-foot-wide buffer and ten-foot improvement setback are required adjacent to residential districts, AG-1 districts used for single-family dwellings and adjoining a public street. (4) A minimum 50-foot-wide buffer and ten-foot improvement district are required adjacent to all other nonresidential districts. (5) Length of the stay for all but permanent staff shall not exceed 30 consecutive days. (6) Sanitary facilities or trash receptacles shall be located a minimum of 200 feet from any residential district or AG-1 district when used for single-family dwellings. (7) A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts or AG-1 districts used for single-family dwellings. (8) Recreational facilities associated with the use shall be for staff and guests only. (9) One parking space per lodging unit or five per 1,000 square feet of floor area, whichever is greater. Sec. 64-1822. Medical-related lodging. (a) Required districts. R-6 and TR. This section is allowed as a permitted use in districts A and A-L. (b) Standards. (1) Total number of bedrooms or units shall not exceed 20, including staff facilities. (2) Rooms or suites of rooms may be designed with separate kitchen facilities. (3) Lodging facility shall be located within one mile of a hospital or inpatient clinic. (4) Facilities locating in a TR district must have frontage on streets with classifications higher than local streets. (5) If located adjacent to a single-family district or an AG-1 district used for single-family dwellings, the minimum buffers and landscape strips required for the 0-1 district as specified in article III of this zoning ordinance shall be required . RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/18/2014 Page 48 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES (6) Off-street parking requirements shall be one per living unit plus one per nonresident employee. Parking is not allowed in the front yard setback. (7) Signs shall not exceed four square feet in area and four feet in height. Sec. 64-1823. Mobile home; accessory dwelling. (a) Required districts. AG-1. (b) Standards. (1) The mobile home shall be limited to a three-year period from the date of the city council's approval, after which the mobile home shall be removed unless an additional use permit has been granted. (2) The mobile home shall be located in the rear yard of an existing residential structure in conformance with the yard standards for the location of accessory buildings. (3) The mobile home shall be for the exclusive use of and occupancy by a member of the family or a near relative of the occupant of the existing structure, including father, mother, sister, brother, daughter-in-law, son-in-law, child, ward or guardian. Sec. 64-1824. Quarries and surface mining sites. (a) Required districts. AG-1, M-2. (b) Standards. (1) No portion of a new or expanded quarry shall be located within a 1.5-mile radius of the property lines of a residentially zoned or used property. An expanded quarry shall not include any expanded use within the parcel boundaries of an existing site or location. (2) No portion of a new or expanded surface mining site shall be located within a 500-foot radius of the property lines of a residentially zoned or used property. An expanded surface mining site shall not include any expanded use within the parcel boundaries of an existing site or location. (3) All activities of a quarry or surface mining shall be in compliance with the: a. Georgia Blasting Standards Act of 1978; b. 1968 Georgia Surface Mining Act; and c. U.S. Bureau of Mines RI 8507. Sec. 64-1825. Personal care home/assisted living. (a) Required districts. R-6 and TR. This section is allowed as a permitted use in districts 0-1, A, A-L, MIX, C-1 and C-2. (b) Standards. (1) Facilities shall be for five persons or more. RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/18/2014 Page 49 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES (2) Permitted curb cut access shall be from an arterial or a major collector. Permitted curb cut access may be allowed from a minor collector if within 1,000 feet of the property line of an institutional use. (3) Provide a 50-foot building setback from single-family districts or AG-1 districts when used for single-family dwellings. (4) No parking allowed in the minimum front yard setback. (5) The minimum parking spaces provided shall be in conformance with health care facilities per article VIII, division 2 of this zoning ordinance. (6) Provide landscape strips and buffers as required in the 0-1 district as specified in article III of this zoning ordinance. (7) Rooms or suites of rooms may be deSigned with separate kitchen facilities. (8) Facility shall comply with all applicable local, state, and federal regulations, and provide applicable permits to the community development department prior to the issuance of a certificate of occupancy. (9) In accordance with' section 64-2131, submit a noise study report as required . Sec. 64-1826. Private correctional facility/prison. (a) Required districts. M-1, M-2. (b) Standards. (1) Minimum lot size: 100 acres. (2) All boundary lines of the property included within the use permit must be located at least 500 feet from the properties listed in subsections (b)(2)a. and b. of this section: a. The property line of Suburban A, Suburban B, Suburban C, R-1, R-2, R-2A, R-3, R-3A, R­ 4, R-4A, R-5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1 zoned property or property conditioned or used for residential purposes. b. The property line of any public recreational facilities, public or private institutional uses including, but not limited to, churches, schools, universities, colleges, trade schools, libraries, day care centers and other training facilities when minors are the primary patrons. (3) All boundary lines of the property included within the use permit must be located at least ten miles from all property lines of any other correctional facility. (4) Submit, with the application for a use permit, a certified boundary survey of the site and the use of adjoining properties. If any of the uses or zoning districts referenced in subsections (b)(2)a. and b. of this section are located within 500 feet of the boundary lines of the subject property, or a correctional facility is located within ten miles of the boundary line of the subject property, they must be identified by map as part of the use permit application . (5) A minimum 200-foot-wide buffer and ten-foot improvement setback shall be provided adjacent to any property zoned other than M-1 and M-2 and from any property used for residential purposes. (6) A minimum 100-foot wide buffer and ten-foot improvement setback shall be provided adjacent to property zoned M-1 or M-2. RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/18/2014 Page 50 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES (7) Permitted curb cut access shall be from a major thoroughfare. (8) Parking spaces shall be in accordance with article VIII of this zoning ordinance, hospitals. (9) Fencing shall be in accordance with American Correction Institute standards and located interior to required buffers and improvement setbacks. (10) Lighting shall be in accordance with American Correction Institute standards and the lighting standards set forth in this zoning ordinance. The more restrictive standards shall apply. (11) Facility shall comply with all applicable local, state, and federal regulations, and applicable permits shall be provided to the community development department prior to the issuance of a certificate of occupancy. Sec. 64-1827. Race track. (a) Required districts. AG-1, M-1 and M-2. (b) Standards. (1) A minimum of ten acres is required . (2) The race track and spectator stands for animal tracks shall be located a minimum of 500 feet from residential districts or AG-1 districts used for single-family dwellings, and 2,000 feet from such districts for vehicular tracks. (3) Permitted curb cut access shall not be from a local street. o (4) A minimum 50-foot buffer and ten-foot improvement setback shall be provided adjacent to non-residential districts or uses. (5) Provide an eight-foot high fence interior to the required buffer/improvement setback and landscape strips. (6) A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts or AG-1 districts used for single-family dwellings. (7) Hours of operation shall be limited to 8:00 a.m. to 10:00 p.m. when adjacent to residential districts or AG-1 districts used for single-family dwellings. (8) In accordance with section 64-2127, submit an environmental impact report as required. Sec. 64-1828. Recreational fields. (a) Required districts. All. This use includes, but is not limited to, soccer, softball, baseball, polo, football, cricket, etc. (b) Standards. (1) Permitted curb cut access shall not be from a local street. (2) Loudspeakers/paging systems are prohibited adjacent to residentially used property. (3) The hours of operation shall be limited to daylight hours when said facility is located adjacent to residential districts or AG-1 districts used for single-family dwellings. RZ14-02 Text Amendment prepared for the Mayor and City Council lVIeeting on June 16, 2014 6/18/2014 Page 51 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES (4) Comply with the night sky illumination ordinance (Chapter 64, Article II, Division 7) Sec. 64-1829. Recycling center, processing. (a) Required districts. C-2 and M-1A. (b) Standards. (1) Limit hours of operation from 7:00 a.m. to 8:00 p.m., Monday through Saturday. (2) No portion of a new recycling facility shall be located within a three-mile radius of the property lines of an existing recycling facility. (3) A minimum 200-foot buffer and ten-foot improvement setback shall be required along all property lines except public rights-of-way. (4) A minimum 50-foot buffer and ten-foot improvement setback shall be required along all public rights-of-way. (5) All recyclable materials shall be stored in containers with no stockpiling outside the containers. (6) Collection, storage containers, or receptacles shall not be allowed in minimum yards. Storage shall be screened with a six-foot high solid wall or fence, including access gates. (7) The processing of recyclable materials must be done within an enclosed building. (8) Driveways shall be designed so vehicles will exit the facility in a forward direction. (9) A maximum continuous sound level of 65 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts or AG-1 districts used for single-family dwellings. (10) The recycling center shall comply with regulations administered by the Fulton County Department of Health. (11) In accordance with section 64-2127, submit an environmental impact report as required. Sec. 64-1830. Salvage, storage and junk facility. (a) Required districts. M-1 and M-2. (b) Standards. (1) No portion of a new salvage, storage, or junk facility shall be located within a three mile radius of the property lines of an existing salvage, storage, and/or junk facility. (2) A minimum 200-foot buffer and ten-foot improvement setback shall be required along all property lines except public rights-of-way. (3) A minimum 50-foot buffer and ten-foot improvement setback shall be required along all public rights-of-way. (4) All facilities shall be screened from view from adjacent properties and roadways with a minimum six-foot high solid fence or wall, as approved by the community development department, except for approved access crossings and utility easements. Said fence or wall shall be located interior to any required buffer or landscape strip. RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16,2014 6/18/2014 Page 52 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMII\IISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES (5) Vehicles and other materials shall not be stacked so that they are visible from any adjacent properties. (6) In accordance with section 64-2127, submit an environmental impact report as required. Sec. 64-1831. School, private or special. (a) Required districts. All. (b) Standards. (1) Minimum lot area shall be one acre. (2) If located within a form based code overlay, adjacent to a single-family dwelling district or AG-1 district used for single-family dwellings, the minimum landscape strips, buffers, and improvement setbacks required for the 0-1 district as specified in article III of this zoning ordinance shall be required. (3) Buildings, and refuse areas shall not be located within 100 feet of a residential district or AG-1 district used for single-family dwellings. (4) Active outdoor recreation areas shall not be located within 100 feet of an adjoining residential district or use. Recreational fields, such as playing fields, that are accessory to the school do not require a separate use permit. (5) Day care facilities in association with the school do not require a separate use permit. (6) Parking areas shall not be located within 50 feet of any residential district or AG-1 district used for single-family dwellings. (7) Student dropoff and vehicular turnaround facilities shall be provided on the site so that vehicles may re-enter the public street in a forward manner. (8) Permitted curb cut access shall not be from a local street. (9) In accordance with section 64-2131, submit a noise study report as required. Sec. 64-1832. Self-storage/mini. (a) Required districts. C-1 and C-2. (b) Standards. (1) At least 75 percent of the total on-site storage space shall be contained in individual enclosed stalls containing no more than 500 square feet each and being no more than ten feet high. (2) No activities other than the dead storage or transfer of nonvolatile goods, or leasing of storage space are permitted. Prohibited uses include, but are not limited to: a. Miscellaneous sales; b. Fabrication or repair of vehicles, equipment or other goods; c. Transfer-storage business based on site; d. Residential uses, other than the resident manager's apartment; or e. Any use which creates a nuisance due to noise, odor, dust, light or electrical interference. RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/18/2014 Page 53 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION S. MISCELLANEOUS USES (3) An on-site manager or resident manager shall be required and shall be responsible for the operation of the facility in conformance with conditions of approval. A resident manager's apartment is included in the use permit. (4) Provide a minimum six-foot high, 100 percent opaque solid wooden fence or masonry wall along the entire length (except for approved access crossings) of all property lines. Said fence/wall shall to be located outside of any public right-of-way and interior to any required landscape strips or buffers. (5) A new or expanded self storage facility shall be located a minimum of 1,500 feet from the boundary of any other self-storage facility (mini or multi). Sec. 64-1833. Self-storage/multi. (a) Required districts. MIX, C-1, and C-2. (b) Standards. (1) No outside storage shall be allowed, including vehicle leasing. (2) All buildings shall have windows or architectural treatments that appear as windows. (3) No activities other than the dead storage or transfer of nonvolatile goods, or leasing of storage space are permitted. Prohibited uses include, but are not limited to : a. Miscellaneous sales; b. Fabrication or repair of vehicles, equipment or other goods; c. Transfer-storage business based on site; d. Residential uses, other than the resident manager's apartment; or e. Any use which creates a nuisance due to noise, odor, dust, light or electrical interference. (4) Permitted curb cut access shall not be from a local street. (5) A new or expanded self-storage facility shall be located a minimum of 1,500 feet from the boundary of any other self storage facility (mini or multi). Sec. 64-1834. Senior housing. (a) Required districts. A use permit shall be required in any district in which the use is allowed. The use is allowed in all districts except M-1A, M-1, M-2 and unsewered AG-1. (b) Standards. (1) In circumstances where conflict exists between overlay guidelines and this zoning ordinance: a. Overlay guidelines will generally supersede general ordinance or resolutions; b. If the issue is specifically excluded in the overlay, the ordinance or resolution will apply; and c. If the issue is addressed in both documents, the more restrictive will apply. (2) The standards are as follows: RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/18/2014 Page S4 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES a. Building height shall be in accordance with the underlying zoning . b. Dwelling units for seniors shall be exempted from any part of this zoning ordinance which restricts density. c. No more than 15 dwelling units per acre shall be allowed in a single-family development. No more than 20 dwelling units per acre shall be allowed in a multifamily development. d. No dwelling unit shall contain more than two bedrooms. e. Multifamily dwelling units shall have a minimum of 600 square feet of gross floor area. Single-family dwelling units shall have a minimum of BOO square feet of gross floor area. f. A 50-foot principal building setback shall be provided for attached dwelling units adjacent to single-family residential districts or AG-1 districts. Accessory structures may be located in the rear and side yards only but shall not be located in a minimum yard. g. Parking spaces shall be calculated as 1(4/1 0) spaces per dwelling unit. h. No parking shall be allowed in the minimum front yard setback. i. Senior facilities must be served by public water and sewer. j. Landscape strips and buffers shall be provided as specified in the 0-1 district in article III of this zoning ordinance. k. The property shall be deed restricted to senior housing except as provided for by fair housing laws. I. Facility shall comply with all applicable local, state, and federal regulations and copies of any applicable permits shall be provided to the community development department prior to the issuance of a certificate of occupancy. m. Projects are encouraged to incorporate easy living and applicable accessibility standards as administered and copyrighted by a coalition of state citizens, including: 1. AARP of Georgia; 2. Atlanta Regional Commission; 3. Concrete Change; 4. Georgia Department of Community Affairs; 5. Governor's Council on Developmental Disabilities; 6. Homebuilders Association of Georgia; 7. Shepherd Center; and B. Statewide Independent Living Council of Georgia. n. Housing shall have at least BO percent of the occupied dwelling units occupied by at least one person who is 55 years of age or older which shall be verified by the property owner in a manner deemed ~cceptable pursuant to policies and procedures adopted by the director of the community development department. o. All units shall be owner-occupied. RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/18/2014 Page 55 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES Sec. 64-1835. Skywalks. (a) Required districts. AG-1, 0-1. MIX, C-1, C-2, M-1A, M-1, M-2. (b) Standards. (1) A minimum vertical clearance of 16 feet above all streets, and a minimum vertical clearance of 16 feet above the walkway shall be provided. (2) Ample space for the free flow of pedestrians with a 12-foot minimum walkway width shall be provided. (3) Prior to issuance of a building permit. a bridge agreement shall be filed with the community development department as a condition of approval. The community development department shall be responsible for the interpretation and application of the conditions set forth in subsections (b)(1) and (2) of this section and no building permit shall be issued by the community development department except upon written approval of the department of public works. Sec. 64-1836. Stadium (off-site) associated with private school. (a) Required districts. All. (b) Standards. (1) Vehicular access is prohibited from a local street. (2) A minimum 200-foot buffer and ten-foot improvement setback shall be provided along all property lines adjacent to residential and AG-1 zoned properties. (3) The hours of operation shall be limited to 8:00 a.m. to 11 :00 p.m. adjacent to residential and AG-1 zoned properties. (4) A 100-foot setback along any public right-of-way is required for all structures and activities. (5) The height limit of the zoning district shall apply to all structures unless a use permit to exceed district maximum height is approved . (6) Comply with the night sky illumination ordinance (Chapter 64. Article II, Division 7) Sec. 64-1837. Transfer station, solid waste. (a) Required district. M-2. (b) Standards. (1) No access shall be allowed from local streets. (2) Access streets shall be paved and shall be able to withstand maximum load limits established by the state as approved by the director of public works. (3) No portion of a new transfer station shall be located within a three-mile radius of the property lines of an existing transfer station. RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/18/2014 Page 56 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES (4) A minimum 200-foot buffer and ten-foot improvement setback shall be required along all property lines except public rights-of-way. (5) A minimum 50-foot buffer and ten-foot improvement setback shall be required along all public rights-of-way. (6) A minimum six-foot high solid fence or wall shall be located on property lines or interior to the required buffers and improvement setbacks. (7) Limit hours of operation from 6:00 a.m . to 6:00 p.m., Monday through Saturday. (8) The owner shall provide the director of the community development department a current copy of all applicable permits from the state upon application for a land disturbance permit. (9) In accordance with section 64-2127, submit an environmental impact report as required. (10) No portion of a new or expanded solid waste transfer station shall be located within a one-mile radius of the property lines of a residentially zoned or used property. An expanded solid waste transfer station shall not include any expanded use within the parcel boundaries of an existing site or location. (11) Transfer stations shall be sited and operated in accordance with: a. The state regulations of Ga. Compo Rules and Regs. 391-3-4.06 , Permit by Rule for Collection, Transportation, Processing, and Disposal; b. O.C.G.A. § 12-8-20, Georgia Comprehensive Solid Waste Management Act; C. City solid waste management plan; and d. Waste Transfer Stations: A Manual for Decision-Making (EPA 530-R-02-002, June 2002). Sec. 64-1838. Exotic or wild animals. Pursuant to this section, exhibition or display of exotic or wild animals solely for education purposes, or keeping, rehabilitation or maintaining exotic or wild animals pursuant to a valid, current, state-issued wild animal license or wildlife exhibition permit shall be allowed only with a use permit issued in compliance with the development standards set forth in this section specifically and pursuant to the zoning ordinance generally. In the event of conflict, the terms of this section shall prevail. (1) Requirements. a. Required district. AG-1. b. Obtained the appropriate license from the U.S. Department of Agriculture, Animal and Plant Health Inspection Service (USDNAPHIS) or provide documentation that the applicant is exempt from USDNAPHIS requirements. C. Obtained a U.S. Fish and Wildlife Service Permit for Special Purpose Possession if exhibiting or dealing birds regulated by the USFWS. d. Obtained the necessary permit(s) from the Georgia Department of Natural Resources, Wildlife Resources Division. (2) Standards. a. Minimum lot size shall be ten acres. RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/18/2014 Page 57 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES b. Permitted curb cut access shall not be from a local street. c. All activity areas, including parking, structures, areas where animals are housed or graze shall be set back a minimum of 100 feet from all property lines. d. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts or AG-1 districts used for single-family dwellings. e. Open to visitation by the general public only from 7:30 a.m. to 7:30 p.m. f. If located adjacent to any residential district or an AG-1 district used for single-family dwellings, the minimum buffers and landscape strips required for the Rural Milton Overlay District as specified in section 64-1142of this zoning chapter shall be required . g. Sanitary facilities or trash receptacles shall be located a minimum of 100 feet from a property line of any residential district and/or AG-1 district used for single-family dwellings. h. Applicant shall inform the director of community development in writing of the number and types of animals to be housed on the subject property and any changes thereto based on a schedule determined and agreed to as part of the use permit. i. Compliance with all requirements of Chapter 5 of the Georgia Game and Fish Code, O.C.G.A. § 27-5-1 et seq., related to wild animals, and all rules and regulations adopted pursuant to the authority granted pursuant to O.C.G.A. § 27-1-4. (Ord . No. 12-10-151, § 1, 10-15-2012) .Sec. 64-1839. Apartments. (a) Required districts. Crabapple Form-Based Code, Deerfield/Hwy 9 Form-Based Code. (b) Standards. (1) Required off-street parking spaces shall be no greater than 400 feet away, as measured along a pedestrian walkway, from the door of the unit they serve. (2) Apartment developments shall incorporate outdoor amenity spaces for the use of occupants, provided on the lot and available as passive or active recreational space by occupants, subject to the following: a. Outdoor amenity space shall be provided in the ratio of 75 square feet per dwelling unit. b. Outdoor amenity space may be met in one contiguous open area or in multiple open areas on the lot. To receive credit the area must be at least ten feet in both length and depth. c. Outdoor amenity space may be located at or above grade. d. Outdoor amenity space may be roofed but cannot be enclosed. e. Outdoor amenity space cannot be parked or driven upon, except for emergency access. f. In calculating the minimum outdoor amenity space requirement, the following can be included: swimming pools, paved surfaces and structures when they are a part of approved features such as gazebos, fountains, and plazas (but excluding any parking areas serving such approved features), ground-level active and passive recreational facilities, roof decks, and roof top gardens. RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/18/2014 Page 58 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES g. In calculating the minimum outdoor amenity space requirement, civic spaces counting towards the minimum requirements of the applicable zoning district may not be included. (3) All outdoor amenity spaces and other landscaped areas shall be maintained by a professional landscaper. (4) A minimum of 50 percent of dwelling units above the first-floor shall have balconies with a minimum floor dimension of six feet by ten feet. (5) Adequate provision for the disposal of refuse shall be made within each apartment building, or such refuse shall be conveyed to a central point or pOints to facilitate collection. Disposal arrangements shall be the responsibility of the apartment building owner. (6) Each dwelling unit shall have central heating and cooling facilities. (7) Adequate laundry facilities consisting of automatic washing and clothes-drying machines in a common laundry room shall be provided, or a washer and dryer hook-up shall be installed in each dwelling unit. (8) A minimum of 300 cubic feet of separate contiguous storage space shall be provided for each dwelling unit. (Ord. No. 13-03-165, §§ 1-3, 3-18-2013) Sec. 64-1840. Barns or riding areas. (a) Required district. AG-1 (as required by section 64-415). (b) Standards. (1) A minimum 75-foot setback is required for parking when the principal structure is a riding area. (2) Hours of operation shall commence no earlier than 7:00 a.m . and cease by 10:00 p.m. when the principal structure is a barn or riding area. (3) A covered riding area or barn shall not exceed the maximum height of 40 feet. (4) Loudspeakers or public address systems are prohibited. (5) A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts or AG-1 districts used for single-family dwellings. (6) When lighting is utilized on the property, it shall conform to article II, division 7 of the zoning ordinance. (Ord. No. 13-04-170, § 1, 4-22-2013) Sec. 64-1841. Rowhouses/townhouses. (a) Rowhouses/townhouses in the Deerfield/Hwy 9 Form-Based Code shall only be permitted subject to the issuance of a use permit. (b) Standards. (1) Rowhouses/townhouses shall not be located adjacent to properties designated T-2 as deSignated on the regulating plan . RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/18/2014 Page 59 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES (2) The maximum number of attached rowhouse/townhouse units in a building shall be eight. (3) Rowhouses/townhouses in the Deerfield/Hwy 9 Form Based Code Overlay District shall conform to article XX, [section]4.6.6.b. (4) Rowhouses/townhouses in the Deerfield/Hwy 9 Form Based Code Overlay District shall conform to article XX, [section]4.16.7.v. (5) Rowhouses/townhouses in the Deerfield/Hwy 9 Form Based Code Overlay District shall conform to article XX, [section] 4.16.8. (Ord. No. 13-06-176, § 1, 6-17-2013) Sec. 64-1842. Rural or Agricultural Event Facility. (a) Required districts. AG-l, R-l, R-2, and R-2A (b) Standards. (1) Lot area shall be a minimum of five acres. (2) Permitted curb cut access shall not be allowed from a local street. (3) Parking a. Parking areas for event attendees must be constructed of concrete, asphalt, and/or gravel or as approved by the Department of Public Works or other materials that prevents erosion of the parking area. b. One parking space per 2.5 attendees is required . c. Parking areas shall be screened from roads and adjacent properties. (4) Noise levels measured at the property line shall be in accordance with Chapter 20, Article VII, Division 2 of the City Code. (5) Activity areas such as outdoor dining, entertainment areas, including parking shall be at least 100 feet from any lot line unless the special event facility and adjacent lot are in single ownership. (6) The maximum number of attendees and hours of operation will be evaluated by the Mayor and City Council on a case by case basis for each site to protect the public's health, safety and welfare. (7) Tents used for any event may be set up no more than twenty-four (24) hours in advance and must be taken down within twenty-four (24) hours after such event. RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/18/2014 Page 60 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES (8) Location and dimensions of undisturbed buffers, if needed to ameliorate the visual and audio effects of the facility, will be evaluated and determined by Mayor and City Council on a case by case basis for each site . (9) The design of newly constructed structures is to be consistent with the "Building and Other Structure Design (Sec 64-1142 (6)) of the Rural Milton Overlay Zoning District. Sec. 64-1843. Artist Studio. (a) Required districts. AG-l, R-l, R-2, R-2A, MIX, 0-1, C-l, C-2, Crabapple Form Based Overlay, Deerfield/Hwy 9 Form Based Code (b) Standards. (1) No outside storage allowed. (2) Shall not generate traffic, sound, smell, vibration, light, or dust that is offensive so as to constitute a nuisance. (3) The following standards apply to AG-l, MIX (residential portion) and residentially zoned properties a. The artist shall reside on the property. b. The number of employees who can work on the premises shall be determined by the Mayor and City Council. When evaluating the proposed number of employees, the size of the property and buildings shall be considered in proportion to the number of proposed employees and/or adjacent uses. c. Only articles or goods produced, assembled, processed or manufactured on the site shall be sold or exhibited in the studio or on the property. d. The minimum lot size for a studio to be located within an accessory structure shall be determined by the Mayor and City Council. When evaluating if a studio can be located within an accessory structure, the size of the property in proportion to the size of the accessory structure shall be considered. e. An accessory structure may contain bathroom facilities and running water. f. No person may reside within the accessory structure used as a studio. RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/18/2014 Page 61 -THE CODE OF THE Chapter 64 -ZONING ARTICLE IX. -ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES g. A studio located within the primary residence, shall not exceed the smaller of 25 percent of the gross floor area of the dwelling unit or 750 square feet. h. If applicable, hours for customers to visit the studio and deliveries shall be limited to 8 a.m. to 5 p.m., Monday through Saturday. Editor's note-­ Section 1 of Ord. No. 13-06-176, adopted June 17, 2013, added provisions to the Code designated as § 64-1840. Inasmuch as § 64-1840 already exists, in order to avoid duplication and at the editor's discretion, said provisions have been redesignated as § 64-1841 Sees. 64-1844-64-1856. Reserved. RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/18/2014 Page 62