HomeMy WebLinkAboutRESOLUTION NO 14 06 299STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. 14-06-299
A RESOLUTION OF THE CITY OF MILTON, GEORGIA
ENACTING AN EMERGENCY MORATORIUM FOR 30 DAYS TO BAR
THE ACCEPTACE OF ANY REZONING APPLICATIONS FOR PROPERTY
LOCATED IN THE 2014 HIGHWAY 9 NORTH VISION AREA
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, on June 2, 2014 the City approved a State Route 9 North Vision Plan ("Vision
Plan") that reflects the City's intent with respect to planning and zoning for development and use
of property in the Hwy 9 area as defined in the Vision Plan ("Covered Property"); and
WHEREAS, the City intends to consider amendments to the zoning ordinance with respect to
the adoption of development standards and requirements for Covered Property; 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 any rezoning
applications for Covered Property 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 any rezoning
applications for Covered Property pursuant to the City's zoning ordinance.
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 to the City's zoning ordinance adopting development standards
and requirements for Covered Property.
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 9th day of June,
2014.
JoeLOCkW~
Attest:
Sudie AM Gordon, City Clerk
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