HomeMy WebLinkAboutRESOLUTION NO 14 01 278STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. 14-01-278
A RESOLUTION OF THE CITY OF MILTON, GEORGIA
ENACTING AN EMERGENCY MORATORIUM FOR 30 DAYS TO BAR
THE ACCEPTACE OF APPLICATIONS FOR REZONINGS TO THE
CUP, NUP, TR, R-2 AND R-2A ZONING DISTRICTS
WHEREAS, the Section 1.12(b )(26) of the Charter of the City of Milton, Georgia ("City")
empowers the City to regulate development within the City limits through zoning; and
WHEREAS, the Chapter 64 of the current Code of the City of Milton, Georgia ("zoning
ordinance") divides property within the city into various districts, and regulates the use and
development of property based on the district to which the property is designated; and
WHEREAS, the City has recently seen an increase in applications seeking to rezone property to
certain districts that may allow appropriate uses but may have less restrictive regulation than the
City now believes to be appropriate; and
WHEREAS, the City intends to consider amendments to the zoning ordinance with respect to •
the performance standards in the CUP, NUP, TR, R-2 and R-2A zoning classifications; and
WHEREAS, the Georgia Supreme Court has held that a moratorium with respect to application
of a zoning ordinance may be put in place for a reasonable period of time without the necessity
of complying with the notice requirements of the Georgia Zoning Procedures Law ("ZPL"); and
WHEREAS, the City finds a moratorium barring for 30 days the acceptance of applications to
rezone property to the CUP, NUP, TR, R-2 and R-2A zoning classifications to be reasonably
necessary, the least restrictive means available, a reasonable exercise of the City's police power,
and in the best interests of the public health, safety, and welfare.
NOW, THEREFORE IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MILTON, GEORGIA that:
1. The City does hereby enact a moratorium to bar the acceptance of applications to
rezone property to the CUP, NUP, TR, R-2 and R-2A zoning classifications for 30
days in order to consider a longer moratorium after a public hearing and to
consider amendment of the current performance standards for the existing CUP,
NUP, TR, R-2 and R-2A zoning classifications pursuant to the City's zoning
ordinance.
Page 1 of2
2. The moratorium imposed by this Resolution shall terminate on the earliest date of
(1) 30 days from the date of adoption of this Resolution; (2) approval by the City
Council of an additional moratorium after a public hearing; or (3) the adoption of
an amendment of the current performance standards for the existing CUP, NUP,
TR, R-2 and R-2A zoning classifications pursuant to the City's zoning ordinance.
3. The moratorium imposed herein does not limit the ability of property owners to
develop their land as currently zoned or permitted.
This Resolution shall be effective upon a majority vote by the City Council as ratified by the
Mayor of the City of Milton, Georgia.
SO RESOLVED, the public's health, safety, and welfare demanding it, this 6th day of January,
2014.
Attest:
Sudie AM Gordon, Ity Clerk
Page 2 of2