HomeMy WebLinkAboutRESOLUTION NO 15 03 331STATE OF GEORGIA
COUNTY OF FULTON
RESOLUTION NO. 15-03-331
A RESOLUTION OF THE CITY OF MILTON, GEORGIA
ENACTING AN EMERGENCY MORATORIUM FOR 30 DAYS TO BAR
THE ACCEPTANCE OF APPLICATIONS FOR LAND DISTURBANCE PERMITS ON
PROPERTY IN THE AG -1, R-1, R-2, R -2A, R-3, R -3A, R -4A AND T-2 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, 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, Section 20-284 of the current Code of the City of Milton, Georgia states:
any owner or developer proposing a land development activity shall submit to the
city community development department a permit application on a form provided
by the city for that purpose or as part of the land disturbance or building
permitting process; and
WHEREAS, the City values the preservation of conservation area, open space, and rural,
agricultural land use; and
WHEREAS, the City intends to consider amendments to the zoning ordinance to add or adopt a
new residential conservation zoning designation/ordinance that will more concisely capture the
vision of the City of Milton with respect to the preservation of conservation area, open space,
and rural, land use; and
WHEREAS, this new residential conservation zoning designation/ordinance will have
application with respect to properties located in the following existing zoning designations: R-1,
R-2, R -2A, R-3, R -3A, R -4A, T-2 and AG -1; and
WHEREAS, while the new residential conservation zoning designation/ordinance is being
formulated, it is reasonable and appropriate that applications for land disturbance permits for
properties located in the R-1, R-2, R -2A, R-3, R3A, R -4A, T-2, and AG -1, be temporarily
discontinued;
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 for
land disturbance permits for property in the R-1, R-2, R -2A, R-3, R -3A, R -4A, T-2, and AG -1
zoning districts 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 barring for 30 days the acceptance of
applications for land disturbance permits for property in the R-1, R-2, R -2A, R-3,
R -3A, R -4A, T-2, and AG -1 zoning districts for 30 days in order to consider a
longer moratorium after a public hearing and to consider amendment of the
zoning ordinance to add or adopt a zoning category/ordinance related to
residential conservation.
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; (3) the adoption of an
amendment of the zoning ordinance to add a zoning category and/or ordinance
related to residential conservation; or (4) a motion and vote by the Council
terminating the moratorium.
3. The moratorium imposed herein does not limit the ability of property owners to
continue developing their R-1, R-2, R -2A, R-3, R -3A, R -4A, T-2, and AG -1 land
where a land disturbance permit has already issued, remains active and in effect,
and does not lapse prior to completion of any improvements authorized by the
land disturbance permit.
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 16th day of March,
2015.
Attest:
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Sudie AM Gordon, City Clerk
2
Joe Lockwood, Mayor