HomeMy WebLinkAboutORDINANCE NO 14 10 223STATE OF GEORGIA
COUNTY OF FULTON
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ORDINANCE NO. 14-10-223
RZ14-05
AN ORDINANCE TO AMEND ARTICLE VI. DIVISION 23. CUP (COMMUNITY UNIT PLAN)
DISTRICT 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 October 20, 2014 6:00 p.m. as follows:
SECTION 1. That the amendment of Article VI, Division 23, CUP (Community Unit Plan)
District, 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repealed.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 20`h day of October, 2014.
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Attest:
�2 " /
Sudie AM Gordon, City Clerk
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Joe Lock o , Mayor
STATE OF GEORGIA
COUNTY OF FULTON
Sec. 64-894. Scope and Intent.
ORDINANCE NO. 14-10-223
RZ14-05
(a) The regulations in this division are the CUP District regulations. Article IX should be consulted to
determine uses and minimum standards for uses allowed by administrative permit or use permit. The
CUP district identifies land areas for a variety of housing types within a planned community setting.
(b) The CUP district is intended to:
(1) Encourage the development of land as planned communities.
(2) Encourage flexible and creative concepts in site planning.
(3) Preserve the natural amenities of the land by encouraging scenic and functional open areas.
(4) Provide for an efficient use of land.
(5) Provide a stable residential environment compatible with surrounding residential areas.
(6) Protect neighboring properties by requiring larger peripheral lots adjacent to larger lot
developments.
Sec. 64-895. Use regulations.
Within the CUP district, land and structures shall be used in accordance with standards herein. Any
use not specifically designated as a permitted use in this section or as a use allowed by an administrative
permit or use permit shall be prohibited.
(1) Permitted uses. Structures and land may be used for only the following purposes:
a. Single-family dwelling.
b. Golf, country club, pool and recreation court.
(2) Accessory uses. A structure or land may be used for uses customarily incidental to any
permitted use and a dwelling may be used for a home occupation. Retail and service uses, and
clubs accessory to recreation facilities are allowed subject to the following conditions:
a. Accessory retail and service uses shall be located wholly within a building with a majority of
the floor area designed for recreation uses. No outdoor advertising is allowed.
b. Retail and service uses shall be limited to convenience retail and service establishments
such as pro shops and personal services. Restaurants accessory to a club are allowed.
Sec. 64-896. Development plan.
(a) The development plan shall be the zoning control document for features depicted graphically. The
site plan requirement applicable to rezoning requests shall be adhered to for CUP rezoning requests.
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DIVISION 23. CUP COMMUNITY UNIT PLAN DISTRICT
Sec. 64-894. Scope and intent.
Sec.
64-895.
Use regulations.
Sec.
64-896.
Development plan.
Sec.
64-897.
Development standards.
Sec.
64-898.
Other regulations.
Secs.
64-899-64-917.
Reserved.
Sec. 64-894. Scope and Intent.
ORDINANCE NO. 14-10-223
RZ14-05
(a) The regulations in this division are the CUP District regulations. Article IX should be consulted to
determine uses and minimum standards for uses allowed by administrative permit or use permit. The
CUP district identifies land areas for a variety of housing types within a planned community setting.
(b) The CUP district is intended to:
(1) Encourage the development of land as planned communities.
(2) Encourage flexible and creative concepts in site planning.
(3) Preserve the natural amenities of the land by encouraging scenic and functional open areas.
(4) Provide for an efficient use of land.
(5) Provide a stable residential environment compatible with surrounding residential areas.
(6) Protect neighboring properties by requiring larger peripheral lots adjacent to larger lot
developments.
Sec. 64-895. Use regulations.
Within the CUP district, land and structures shall be used in accordance with standards herein. Any
use not specifically designated as a permitted use in this section or as a use allowed by an administrative
permit or use permit shall be prohibited.
(1) Permitted uses. Structures and land may be used for only the following purposes:
a. Single-family dwelling.
b. Golf, country club, pool and recreation court.
(2) Accessory uses. A structure or land may be used for uses customarily incidental to any
permitted use and a dwelling may be used for a home occupation. Retail and service uses, and
clubs accessory to recreation facilities are allowed subject to the following conditions:
a. Accessory retail and service uses shall be located wholly within a building with a majority of
the floor area designed for recreation uses. No outdoor advertising is allowed.
b. Retail and service uses shall be limited to convenience retail and service establishments
such as pro shops and personal services. Restaurants accessory to a club are allowed.
Sec. 64-896. Development plan.
(a) The development plan shall be the zoning control document for features depicted graphically. The
site plan requirement applicable to rezoning requests shall be adhered to for CUP rezoning requests.
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STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 14-10-223
RZ14-05
(b) Administrative guidelines for preparing site plans are available from the director of the community
development department.
(c) A site plan shall become the development plan if the request to rezone is approved without changes
or additions.
(d) If the approval by the board differs in any way from what is depicted on the site plan submitted for
the purpose of seeking rezoning, a revised plan must be certified by the community development
department before development related permits may be issued.
(e) A site plan or development plan shall not substitute for plans which are required as a prerequisite for
applying for development -related permits.
(f) The location of all use areas shall be shown on the development plan, and the location on the
ground shall be as shown on the development plan.
(g) Properties that are not served by sanitary sewer shall provide a site plan to determine the maximum
number of lots on the subject site as follows:
The number of lots in a CUP development shall not exceed the number of lots that can be reasonably
created within an AG -1 zoned development at the same site location. The following items shall be
submitted to determine the lot yield for the subject property:
(1) Indicate all bodies of water and the appropriate buffers;
(2) Provide a level 3 soil analysis,
(3) Provide a tree survey indicating specimen and heritage trees,
(4) Indicate the configuration of lots and associated minimum building setbacks; and
(5) Show approximate location of house footprint on each lot.
Sec. 64-897. Development standards.
(a) Height regulations. The height of non -single family residential structures are as approved per the
conditions of zoning.
(b)
Minimum land area per unit shall be as specified in conditions.
(c)
Minimum lot area per unit shall be as specified in conditions.
(d)
Minimum CUP size shall be four contiguous acres.
(e)
Maximum density shall be as follows:
(1) Single-family dwelling: 5.0 units per gross acre.
(f)
Minimum lot width. There shall be none, unless specified in conditions.
(g)
Minimum CUP development frontage shall be 150 feet.
(h)
Minimum lot frontage shall be 20 feet adjoining a street.
(i)
Minimum heated floor area per unit shall be as specified in conditions.
(j)
Minimum perimeter setback (entire CUP development) shall be as specified in conditions.
(k)
Minimum interior setbacks:
(1) Minimum front yard shall be as specified in conditions.
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STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 14-10-223
RZ14-05
(2) Minimum side yard shall be as specified in conditions.
(3) Minimum rear yard shall be as specified in conditions.
(1) Minimum accessory structure requirements:
(1) Accessory structures may be located within the side or rear yards subject to perimeter and
minimum yard setbacks.
(m) Minimum building separation (more than one dwelling per lot). All building separations shall be as
specified by the city's building code.
(n) Other minimum standards.
(1) Agreements, covenants, declarations and other contracts which govern the use, maintenance,
and protection of a CUP development among its owners areas shall be part of the official zoning
file, and changes thereto shall have no force and effect until a copy has been provided to the
director of the community development department.
Sec. 64-898. Other regulations.
The following headings contain some additional, but not all, provisions applicable to the CUP district:
(1) Development regulations: article XVII of this zoning ordinance.
(2) Exceptions: article ll, division 3 of this zoning ordinance.
(3) Floodplain management: article IV of this zoning ordinance.
(4) Off-street parking and loading: article VII I of this zoning ordinance.
(5) Outside storage: article II, division 2 of this zoning ordinance.
(6) Landscape area and buffer regulations of the TR, A or A -L district shall apply, as corresponding:
article III of this zoning ordinance.
(7) River protection: Metropolitan River Protection Act, O.C.G.A. § 12-5-440 et seq.
(8) Signs: article XVI of this zoning ordinance.
Secs. 64-899-64-917. Reserved.
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