HomeMy WebLinkAboutOrdinances 18-06-365 - 06/18/2018 - Amend Section 64.1 Zoning Definitions RZ18-10STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 18-06-365
RZ18-10
AN ORDINANCE TO AMEND SEC 64.1 DEFINITIONS OF THE ZONING
ORDINANCE.
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on June 18, 2018 6:00 p.m. as follows:
SECTION 1. That the amendment of Sec. 64-1 Definitions as it relates to large
lots in 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are repealed.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 18th day of June, 2018.
Approved:
Attest:
Sudie Gordon,C' y Clerk
--Z
Joe Lo wood, Mayor
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STATE OF GEORGIA ORDINANCE NO. 18-06-365
COUNTY OF FULTON RZ18-10
Parking lot means an off-street area which is used for the temporary parking of vehicle whether paid
or unpaid. Typically, lots are surfaced and improved and may include a parking garage as a multi -story
facility.
Parking space means an area designated for the parking of one vehicle on an all-weather surface.
No more than two carport or garage spaces may offset the minimum parking requirements in a single-
family residential district. (Specifications included in article VIII.)
Path means a cleared way for pedestrians and bicycles that may or may not be paved or otherwise
improved.
Pawnshop means a business that lends money at interest on personal property deposited with the
lender until redeemed.
Personal care home/assisted living.
(1) The term "personal care home/assisted living" means a state -licensed use in which domiciliary
care is provided to adults who are provided with food, shelter and personal services.
(2) The term "personal care home/assisted living" does not include:
a. Hospitals;
b. Convalescent centers;
C. Nursing homes;
d. Hospices,-
e.
ospices;
e. Clinics; or
Similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
Personal services, stand alone, means those buildings specifically designed and used for providing
personal grooming, and hygiene services.
Pet grooming means caring for the appearance of domesticated animals kept for pleasure, including
bathing and brushing services.
Photography studio means a room or building used for professional commercial photography.
Pipeline means any conduit through which natural gas, petroleum, oxygen, or other flammable or
combustible products, or any of their derivative products are conveyed or intended to be conveyed.
Plans review means the act of reviewing plans and specifications to ensure that proposed
undertakings comply with various governing laws, ordinances and resolutions. Compliance is
subsequently utilized to determine that work and materials are in accordance with approved plans and
specifications.
Plant nursery.
(1) The term "plant nursery" means any land used to raise trees, shrubs, flowers and other plants
for sale or transplanting.
(2) The term "plant nursery" does not include:
a. The retail sale of any related garden supplies such as chemical fertilizer, tools and other
similar goods and equipment; or
b. The retail sale of plants not grown on the property.
Plat, final, means a finished drawing of a subdivision which provides a complete and accurate
depiction of all legal and engineering information required by the subdivision regulations (chapter 50).
Certification is necessary for recording.
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STATE OF GEORGIA ORDINANCE NO. 18-06-365
COUNTY OF FULTON RZ18-10
Plat, preliminary, means a drawing which shows the proposed layout of a subdivision in sufficient
detail to indicate its workability and feasibility, but is not in final form for recording pursuant to the
subdivision regulations (chapter 50). The preliminary plat is the first stage in securing a land disturbance
permit.
Plumbing shop associated with retail sales means a commercial establishment used primarily for the
sale of plumbing and lighting equipment, and supplies.
Pool hall means any public place including three or more pool tables where a person is permitted to
play the game of billiards and for which a charge is made for use of equipment or for which no charge is
made for use of equipment and where alcoholic beverages are being served.
Porch means a roofed open structure projecting from the exterior wall of a building and having at
least 70 percent of the total area of the vertical planes forming its perimeter unobstructed in any manner
except by insect -screening between floor and ceiling.
Primary variance. See "Variance."
Printing shop means a commercial establishment where copying, reproduction and other business
services are performed.
Prison/correctional facility.
(1) The term "prison/correctional facility" means a public or state -licensed private owned buildings,
and all accessory uses and structures, used for long-term confinement housing and supervision
of persons who are serving terms of imprisonment for violation of criminal laws.
(2) The term "prison" is distinguished from a jail, in that a prison is considered to be larger and for
longer terms, and is normally operated under the authority or jurisdiction of the state or federal
government. (See section 64-1826, private correctional facility.)
Property, when used in conjunction with an application for rezoning, means an area of land
composed of less than one lot, or of accumulations of one or more lots, or parts thereof.
Protected zone means all lands that fall outside the buildable area of a parcel, all areas of a parcel
required to remain in open space, all areas required as landscape strips and buffers (including zoning
buffers, state water buffers and tributary buffers) and all tree save areas according to:
(1) The provisions of this zoning ordinance;
(2) Conditions of zoning,-
(3)
oning;
(3) Use permit or variance approval; and
(4) The tree preservation ordinance (article III of this zoning ordinance).
Race track means the use of a course devoted to the racing of motor and non -motorized vehicles or
animals, and all improvements normally associated with racing such as off-street parking, patron seating,
concessions, and a fixed race track.
Radio and television station means an installation consisting of one or more transmitters or
receivers, used for radio and, or television communications. This definition includes broadcasting
organizations and/or studios.
Recreation fields means an outside area designed and equipped for the conduct of sports and
leisure time activities including, but not limited to:
(1) Softball;
(2) Soccer;
(3) Football; and
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STATE OF GEORGIA
COUNTY OF FULTON
(4) Field hockey.
Recreational court, private.
ORDINANCE NO. 18-06-365
RZ18-10
(1) The term "private recreational court" means an improved area designed and intended for the
playing of a game or event such as basketball or tennis, and which serves a single-family
dwelling, duplex dwelling and multifamily dwelling, or combinations of dwelling types, including
such improved areas which are owned and/or controlled by a neighborhood club or similar
organization.
(2) The term "private recreational court" does not include a basketball goal adjoining a driveway of
typical residential driveway dimensions.
Recreational court, public, means an improved area designed and intended for the playing of a game
or event such as basketball or tennis, and is operated as a business or as a club unless such club is a
neighborhood club or similar organization identified under the definition "Recreational court, private."
Recreational facilities includes:
(1) Parks;
(2) Recreation areas;
(3) Golf courses;
(4) Playgrounds;
(5) Recreation counters (indoor and outdoor);
(6) Playing fields; and
(7) Other similar uses or facilities.
Recreational vehicle means a vehicle used for leisure time activities and as a dwelling unit while
traveling. The dimensions of a recreational vehicle shall not exceed a width of eight and one-half feet and
a length of 45 feet.
(1) The term "recreational vehicle" includes:
a. A camper;
b. A motor home; and
c. A travel trailer.
(2) The term "recreational vehicle" does not include a mobile home.
Recycling center, collecting, means any facility utilized for the purpose of collecting materials to be
recycled including, but not limited to, plastics, glass, paper and aluminum materials. Such use may be
principal or accessory to a nonresidential use on non residentially zoned property, except AG -1 zoned
properties unless the primary use is a permitted nonresidential use.
Recycling center, processing.
(1) The term "processing recycling center" means any facility utilized for the purpose of collecting,
sorting and processing materials to be recycled including, but not limited to, plastics, glass,
paper and aluminum materials whenever such use is permitted in M-1 and M-2 zoning districts.
(2) The term "processing recycling center" does not include a landfill.
Relocated residential structure means a dwelling which has been removed from one location for
relocation to another lot.
Repair garage, automobile, means a use which may provide a full range of automotive repairs and
services including major overhauls. The term "automobile repair garage" includes paint and body shops.
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STATE OF GEORGIA ORDINANCE NO. 18-06-365
COUNTY OF FULTON RZ18-10
Repair garage, truck and heavy equipment means a use which may provide a full range of repairs
and services including major overhauls on trucks and heavy equipment. The term "truck and heavy
equipment repair garage" includes paint and body shops.
Repair shop means a commercial establishment where small appliances, electronics and small
motors are restored to working condition.
Research laboratory means a workplace for the conduct of scientific research.
Residential use/dwelling means any building or portion thereof where one actually lives or has his or
her home. The term "residential use/dwelling" also means a place of human habitation.
Restaurant means a food service use which involves the preparation and serving of food to seated
patrons. The restaurant seating area must be at least 40 percent of the gross square footage of the
restaurant facility. Seating space located outside of the main structure (i.e., patios, decks, etc.) shall not
be included in calculating the seating space. The term "restaurant" includes a cafeteria.
Restaurant, fast food, means a food service establishment which sells food from a counter or window
for consumption on -premises or off -premises. Tables may be provided, and food may be served at a
table, but may not be ordered from a table.
Retail use means a business whose primary purpose is the sale of merchandise to consumers.
Retreat. See "Lodge."
Riding area means an area utilized for equestrian purposes including practice sessions, shows, etc.,
which may or may not be covered or with or without designated seating structures.
- Right-of-way means a portion of land over which a local or state government has designated a right
of use.
Roadside produce stand means a use offering either farm -grown, prepared food products such as
fruits, vegetables, canned foods, or prepared packaged meats for sale from a vehicle or a temporary
structure. The consumption of food on-site is prohibited.
Roadside vending means the sale of merchandise such as clothing, crafts, household item, firewood,
etc., from a temporary table or cart.
Roominghouse means a residential use other than a hotel or motel in which lodging may be provided
to nonhousehold members for periods of 30 days or longer, and which does not include the provision of
meals.
Rural or agricultural event facility means a permanently established facility to include indoor or
outdoor and indoor/outdoor or both sites utilized on a regular or seasonal basis for public and private
gatherings. The facility takes advantage of special rural characteristics such as natural features, historic
structures and landscapes, special views, open vistas, or a secluded pastoral locale. Types of uses may
include but are not limited to weddings, corporate events, retreats, community events, private parties and
family gatherings/reunions.
Salvage/storagedunk facility means any use involving the storage or disassembly of wrecked or
junked automobiles, trucks or other vehicles; vehicular impound lots; storage, bailing or otherwise dealing
in scrap irons or other metals, used paper, used cloth, plumbing fixtures, appliances, brick, wood or other
building materials; and the storage or accumulation outside of a storage building of used vehicle tires or
tire carcasses which cannot be reclaimed for their original use. Such uses are storage and salvage
facilities whether or not all or part of such operations are conducted inside or outside a building or as
principal or accessory uses. State approval is required for all sites utilized for reclamation and disposal of
toxic and hazardous waste.
Scale refers to the relationship of the size of a building to neighboring buildings and of a building to a
site. In general, the scale of new construction should relate to the majority of surrounding buildings.
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STATE OF GEORGIA ORDINANCE NO. 18-06-365
COUNTY OF FULTON RZ18-10
School, business, music or dance, means an educational institution devoted to a specific field of
learning whether public or private.
School, private, means an educational use having a curriculum at least equal to a public school, but
not operated by the Fulton County Board of Education.
School, special, means an educational use devoted to special education, including the training of
gifted, learning disabled, mentally or physically handicapped persons, but not operated by the Fulton
County Board of Education.
Schools, colleges and universities means any educational facility established under the laws of the
state (and usually regulated in matters of detail by local authorities), in the various districts, counties, or
towns, maintained at the public expense by taxation, and open, usually without charge, to all residents of
the city, town or other district; private schools which have students regularly attending classes and which
teach subjects commonly taught in these schools of this state; any educational facility operated by a
private organization or local county, or state that provides training or education beyond and in addition to
that training received in grades kindergarten to 12th, including, but not limited to:
(1) Trade, business and vocational schools; and
(2) Any institution of higher learning, consisting of an assemblage of colleges united under one
corporate organization or government, affording instruction in the arts and sciences and the
learned professions, and conferring degrees.
Screen means a fence, wall, hedge, landscaping, earthen berm, buffer area or any combination of
these that is designed to provided a visual and physical barrier.
Seasonal business use means a primary use involving the sale of items related to calendar holidays,
such as Christmas trees, Halloween pumpkins, etc., which may be conducted outside.
Secondary variance. See "Variance."
Self-storage/mini means a single -level structure or group of structures containing separate
spaces/stalls and which are leased or rented to individuals for the storage of goods.
Self-storage/multi means a multi-level structure containing separate storage rooms/stalls under a
single roof that are leased or rented.
Senior housing means a single-family or multifamily development intended for, operated for and
designed to accommodate residents 55 years of age and older. Senior housing communities are
designed for seniors to live on their own, but with the security and conveniences of community living.
Some provide communal dining rooms and planned recreational activities (congregate living or retirement
communities), while others provide housing with only minimal amenities or services.
Service commercial use means a business whose primary purpose is to provide a service.
Service line means a distribution line that transports natural gas from a common source of supply to. -
(1)
o:(1) A customer meter or the connection to a customer's piping, whichever is farther downstream;
or
(2) The connection to a customer's piping if there is no customer meter.
The term "customer meter" means the meter that measures the transfer of gas from one operator to
a customer.
Service station means a use which provides for the sale of motor vehicle fuels and automotive
accessories, and which may provide minor repair and maintenance services. A service station shall be
limited to four or fewer bays excluding no more than one attached or detached bay for washing cars.
Setback means a space between a property line and a building or specified structure.
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STATE OF GEORGIA ORDINANCE NO. 18-06-365
COUNTY OF FULTON RZ18-10
Setback, minimum, means the minimum yards as specified in the various use districts. A minimum
required space between a property line and a structure. An area identified by a building line.
Sidewalk means a paved area designated for pedestrians which is constructed in accordance with
city standards.
Site plan means a detailed plan, drawn to scale, based on a certified boundary survey, and reflecting
conditions of zoning approval, various requirements of state law, and zoning ordinances and other
applicable ordinances.
Site plan, preliminary, means a detailed plan, normally associated with rezoning and use permit
requests, which is drawn to scale and reflects the various requirements of state law and of city
ordinances. A preliminary site plan must be drawn to scale and shall contain information listed for such a
plan as prescribed by the community development department.
Skywalk means an elevated, grade separated pedestrian walkway or bridge located over a public
right-of-way.
Special event.
(1) The term "special event" means an event or happening organized by any person or
organization which will generate or invite considerable public participation and spectators for a
particular and limited purpose of time including, but not limited to:
a. Special sales and service promotions;
b. Car shows;
c. Arts and crafts shows;
d. Horse shows;
e. Carnivals, festivals, exhibitions, circuses and fairs;
f. Show houses; and
g. Tours of homes for charity.
(2) Special events are not limited to those events conducted on the public streets but may occur
entirely on private property.
(3) Special events may be for profit or nonprofit.
(4) Special events which will occur in the public right-of-way, such as roadway footraces,
fundraising walks, bike-a-thons, parades, etc., are subject to the approval of the city police
department.
Specified anatomical areas means less than completely and opaquely covered human genitals,
pubic regions, buttocks, or female breasts below a point immediately above the top of the areola; and
human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified sexual activities means:
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse or sodomy; or
(3) Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts.
Spill light means the light that illuminates surfaces beyond the intended area of illumination caused
by the uncontrolled direct light component from the luminaires.
Stadium means a large open or enclosed structure used for sports and other major events and partly
or completely surrounded by tiers of seats for spectators.
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STATE OF GEORGIA ORDINANCE NO. 18-06-365
COUNTY OF FULTON RZ18-10
Stormwater better site design means nonstructural site design approaches and techniques that can
reduce a site's impact on the watershed and can provide for nonstructural stormwater management. The
term "stormwater better site design" includes but is not limited to. -
(1)
o:
(1) Conserving and protecting natural areas and greenspaces
(2) Reducing impervious cover; and
(3) Using natural features for stormwater management.
Stormwater management means the collection, conveyance, storage, treatment and disposal of
stormwater runoff in a manner intended to prevent increased flood damage, streambank channel erosion,
habitat degradation and water quality degradation as determined by engineering studies, in a manner
which enhances and promotes the public health, safety and general welfare.
Stormwater management facility means any infrastructure that effects stormwater management and
which controls or conveys stormwater runoff.
Story.
(1) The term "story" means a portion of a building between the surface of any floor and the floor or
space above it;
(2) The term "story" does not include basements and attics.
Story, half, means a heated and finished area below a roof, one or more of the vertical walls of which
are less than normal ceiling height for the building.
Street means a roadway/right-of-way located and intended for vehicular traffic. Streets may be public
or they may be private if specifically approved by the community development department as part of a
subdivision plat or approved through the privatization process.
(1) Public streets means rights-of-way used for access owned and maintained by the federal,
state, or local government.
(2) Private streets means roadways and parallel sidewalks similar to and having the same function
as a public street, providing vehicular and pedestrian access to more than one property, but
held in private ownership (as distinct from a driveway). Private streets are constructed to city
standards but owned and maintained by a private entity. Necessary easements for ingress and
egress for police, fire, emergency vehicles and all operating utilities shall be provided. Should
the city ever be petitioned to assume ownership and maintenance of the private streets prior to
dedication of the streets, they must be brought to acceptable city standards subject to the
approval of the director of public works.
(3) Stub -out streets means streets having one end open to traffic and being temporarily terminated
at the other. Stub -outs generally do not have, but may be required to have, a temporary
vehicular turnaround. This temporary termination is to provide connectivity to future
developments and may be constructed without curb and gutter provided such stub -out street
meets the standards of the fire department.
(4) Driveway, modified single-family residential, access or shared (private drive) means a paved or
unpaved area used for ingress or egress of vehicles which allows access from a street to a
building, other structure or facility for no more than five single-family residential lots that are all a
minimum of 3 acres in size.
(5) Roadway.
a. The term "roadway" means the paved or graveled portion of a street from back of curb to
back of curb (or edge of pavement to edge of pavement for streets not having curbs).
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STATE OF GEORGIA ORDINANCE NO. 18-06-365
COUNTY OF FULTON RZ18-10
b. The term "roadway" does not include driveway aprons, bridges, and large single and multi-
cell culverts which in a hydrologic sense can be considered to function as a bridge.
(6) Freeway means any multi-lane roadway having full access control and separation of directional
traffic. A freeway accommodates large volumes of high speed traffic and provides efficient
movement of vehicular traffic for interstate and major through travel.
(7) Principal arterial means any roadway that has partial or no access control and is primarily used
for fast or heavy traffic. Emphasis is placed on mobility rather than access to adjacent land.
(8) Minor arterial means any roadway that has partial or no access control and is primarily used for
interconnectivity of major arterials and places more emphasis on access to adjacent land over
mobility than principal arterials.
(9) Collector road means any roadway that has partial or no access control and has more
emphasis on access to adjacent land over mobility than arterials. The primary purpose is to
distribute trips to and from the arterial system to their destination points and allow access to the
local roads.
(10) Local road means any roadway that has no access control and places strong emphasis on
access to adjacent land over mobility while service to through traffic is discouraged.
(11) Full access control means that preference is given to through traffic by providing access
connections only with selected public roads and by prohibiting crossing at grade and direct
private connections.
(12) Partial access control means that preference is given to through traffic to a degree that in
addition to connection with selected public roads, there may be some crossing at grade and
some private connections.
(13) No access control means that preference is generally given to access to adjacent land rather
than mobility.
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