HomeMy WebLinkAboutRESOLUTION NO 14 02 291STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. 14-02-291
A RESOLUTION OF THE CITY OF MILTON, GEORGIA
ENACTING A MORATORIUM FOR 180 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, on January 6, 2014 the Milton City Council adopted 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 until such time as a longer moratorium could be considered by the City
Council after a public hearing meeting the standards of Georgia's Zoning Procedures Law,
O.CG.A. § 36-66-1, et seq. ("ZPL"); and
WHEREAS, on February 3, 2014, after publication of legal notice in compliance with the
Georgia's ZPL, the City conducted a public hearing on a moratorium barring for 180 days the
acceptance of applications to rezone property to the CUP, NUP, TR, R-2 and R-2A zoning
classifications while the City considers 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;
WHEREAS, the City finds that a moratorium barring for 180 days the acceptance of
applications to rezone property to the CUP, NUP, TR, R-2 and R-2A zoning classifications while
the City considers 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 will allow the
City to improve the performance standards for the existing CUP, NUP, TR, R-2 and R-2A
zoning classifications; and
WHEREAS, the City finds a moratorium barring for 180 days the acceptance of applications to
rezone property to the CUP, NUP, TR, R-2 and R-2A zoning classifications while the City
considers amendment of the current performance standards for the existing CUP, NUP, TR, R-2
Page 1 of2
and R-2A zoning classifications pursuant to the City's zoning ordinance to be narrowly tailored
and the least restrictive means available to address the City's needs both in terms of the 180-day
time period and in terms of the limitations as to limitations on the CUP, NUP, TR, R-2 and R-2A
zoning classifications;
WHEREAS, the City finds a moratorium barring for 180 days the acceptance of applications to
rezone property to the CUP, NUP, TR, R-2 and R-2A zoning classifications while the City
considers 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 to be in the best
interests of public health, safety, and welfare.
NOW, THEREFORE IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MILTON, GEORGIA that:
I. 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
180 days in order to allow the City 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.
2. The moratorium imposed by this Resolution shall terminate on the earliest date of
(l) 180 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 3rd day of February,
2014.
CITY OF MILTON, GEORGIA
Attest:
Sudie AM Gordon, City Clerk
Page 2 of2