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HomeMy WebLinkAboutORDINANCE NO 15 05 246STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 15-05-246 RZ15-05 AN ORDINANCE TO AMEND ARTICLE XVII, DEVELOPMENT STANDARDS TO CREATE STANDARDS AND PENALTIES FOR REQUESTS OF DEMOLITON PERMITS WITHIN THE CITY OF MILTON IN 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 May 18, 2015 6:00 p.m. as follows: SECTION 1. That the amendment of Article XVII 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 All ordinances, parts of ordinances, or regulations in conflict herewith are repealed.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 18t11 day of May, 2015. Attest: Page 1 of 3 ----------------------------------------~ STATE OF GEORGIA COUNTY OF FULTON Division 5 Demolition Permits Sec. 64-2423. Purpose ORDINANCE NO. 15-05-246 RZ15-05 In support and furtherance of its findings and determination that the historical, cultural, and aesthetic heritage of the City of Milton, Georgia is among its most valued and important assets and that the preservation of this heritage is essential to the promotion of the health, prosperity, and general welfare ofthe people: The Milton City Council herby declares it to be the purpose and intent of this article to establish criteria for approving demolition permits and provide for penalty provisions for the protection, perpetuation and use of buildings, having historical, cultural, archeological or aesthetic interest or value, in accordance with the provisions of the division. Sec. 64-2424. Applicability A demolition permit shall be submitted to the Community Development Department for the request of demolition for all buildings, structures, or objects and shall be reviewed by the City of Milton Design Review Board. Sec. 64-2425. Criteria for approving a demolition permit The City of Milton Design Review Board shall use the following criteria in deciding to approve or deny a demolition permit: a. Is the building or structure listed on the "Georgia's Natural, Archaeological and Historic Resources Geographic Information System"? b. Is there any historic, scenic, or architectural significance of the building, structure, site, or object? c. Is there any significant importance of the building, structure, site, or object to the ambiance of the area? d. Would it be difficult or impossible to reproduce such a building, structure, site, or object because of its design, texture, material, detail, or unique location? e. Whether the building, structure, site, or object is one of the last remaining examples of its kind in the neighborhood or the city. f. Whether there are definite plans for use of the property if the proposed demolition is carried out, and what the effect of those plans on the character of the surrounding area would be. g. Whether reasonable measures can be taken to save the building, structure, site, or object from collapse. Page 2 of 3 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 15-05-246 RZ15-05 h. Whether the building, structure, site, or object is capable of earning reasonable economic return on its value. Sec. 64-2426. Penalty provisions A person, firm, corporation or other entity commits an offense if he/she/it violates this article. Each day the offense continues constitutes a separate offense. The following penalties, which are nonexclusive, and the exercise of one or more of which shall not preclude exercise of the others, shall be imposed on those persons or entities found to have violated this article: a. The same penalties as set forth in the zoning chapter of the city for all violations of requirements set forth in the said zoning chapter; or b. The penalties set forth in Sec. 1-5 of the Code of Ordinances of the city for non-zoning violations. c. Restrictions on future development: If a property is demolished or relocated without a certificate of appropriateness from the DRB (Design Review Board), or in the event the plans are changed for the property from which the resource was removed without approval of the changed plans by the DRB, then the following restrictions, in addition to any other penalties or remedies set forth in this article, shall be applicable to the site where the structure or property was formerly located: Civil action. 1. No building or other permits will be issued for construction on the site, with the exception of a permit to restore such structure or property after obtaining a certificate of appropriateness, for a period of five years after the date of such demolition or removal. 2. No permits shall be issued by the city for any curb cuts on the site for a period of five years from and after the date of such demolition or removal. 3. No parking lot for vehicles shall be operated whether for remuneration or not on the site for a period of five years from and after the date of such demolition and removal. 4. The owner of the site shall maintain the site in a clean and orderly state and shall properly maintain all existing trees and landscaping on the site. If the Design Review Board determines that after the removal of the structure, new vegetation and/or landscaping is required, said landscape plan, including type and size of landscaping shall be approved by the City Arborist. When these restrictions become applicable to a particular site, the building official shall cause to be filed a verified notice thereof in the Real Property Records of Fulton County and such restrictions shall then be binding on future owners of the property. As an additional remedy in addition to the penalties stated above, the city attorney for the City of Milton or his or her designee shall have the power to take all necessary civil action to enforce the provisions hereof and to request appropriate legal or equitable remedies or relief. Page 3 of 3