The URL can be used to link to this page

Home My WebLink AboutORDINANCE NO 17 02 301I I I STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 17-02-301 RZl 7-01 AN ORDINANCE TO AMEND THE AG-1 (AGRICULTURAL) DISTRICT, DEVELOPMENT STANDARDS IN SEC. 64-416 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 February 22, 2017 6:00 p.m. as follows : SECTION 1. That the amendment of the AG-1 District regarding architectural review in the Rura l Viewshed in Chapter 64, Article VI, Division 2, in Sec. 64-416, Development Standards 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. Al l ordinances, parts of ordinances, or regulations in conflict herewith are repealed.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 22nd day of February, 2017. Attest: Page 1of4 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 17-02-301 RZl 7-01 I DIVISION 2. -AG-1 AGRICULTURAL DISTRICT I I Sec. 64-416. -Development standards. (a) No building shall exceed 40 feet in height except for single family dwellings, see Sec. 64-1141 (c). (b) Minimum front yard shall be 60 feet. (c) Minimum side yard shall be as follows: (1) Adjacent to interior line: 25 feet. (2) Adjacent to street: 40 feet. (d) Minimum rear yard shall be 50 feet. (e) Minimum lot area shall be as follows: (1) One acre with frontage on paved road. (2) Three acres with frontage on unpaved road . (f) Minimum lot width shall be 100 feet. (g) Minimum lot frontage shall be 35 feet adjoining a street. (h) Minimum heated floor area. There is no minimum heated floor area in this district. (i) Minimum accessory structure requirements. Accessory structures may be located in rear or side yards but shall not be located within a minimum yard . U) Entrances off of a public right-of-way for subdivisions with more than three lots shall be rural, simple and rustic in design. These entrances shall be subject to the approval of the city architect. These entrances shall comply with the following requirements: (1) Signage shall be one of the following designs: a. Shingle style b. Sign mounted in or on pillar i. Pillar shall not exceed eight (8) feet in height. (2) Walls: a. Knee walls may be utilized where required by existing topography and shall not exceed 20 linear feet on either side of the subdivision's road entrance. i. Knee walls shall be constructed of natural materials such as boulders, stacked stone, or wood formed brick or materials designed to give the appearance of such natural materials. Stucco is prohibited. (3) Gate or guard structures shall be setback a minimum of 60 feet from the exterior street's right of way. (4) No water features are permitted. Page 2 of 4 I I I STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 17-02-301 RZl 7-01 (k) Rural viewshed .-The following requirements of this subsection shall only apply to subdivisions with more than three lots. (1) Provide a 40-foot primary rural viewshed setback from all proposed Milton Trail or sidewalk easements or proposed rights-of-way, whichever is more restrictive, along the exterior streets for buildings, accessory structures, and swimming pools for lots adjacent to exterior streets: a. No disturbance within the 40 foot primary rural viewshed setback shall be allowed until a design review process is completed and the design of the rural viewshed is approved by the design committee. b. Driveways accessing exterior streets shall be prohibited within the 40-foot primary rural viewshed setback, except where they cross the rural viewshed in a perpendicular manner. c. Individual septic systems may be installed in the primary rural viewshed setback with an approved primary variance if the primary and secondary septic fields fail and the property may be condemned by the Fulton County Health Department without such variance. The property owner shall provide proof of such potential condemnation prior to the application for a primary variance. (2) Provide a 20-foot secondary rural viewshed setback from the primary rural viewshed setback for buildings, accessory structures, and swimming pools for lots adjacent to exterior streets; a. Individual septic systems may be installed in the secondary rural viewshed setback with an approved primary variance. b. Driveways accessing exterior streets shall be prohibited within the 20-foot secondary rural viewshed setback, except where they cross the rural viewshed in a perpendicular manner. c. No disturbance within the 20 foot secondary rural viewshed setback shall be allowed until a design review process is completed and the design of the rural viewshed is approved by the design committee. (3) The intent of the rural viewshed is to preserve the bucolic views from the roads throughout the Rural Milton Overlay. The views may contain natural vegetation as well as equestrian related structures and uses. It is the intent to utilize the existing vegetation when possible as well as provide additional native plantings to enhance the existing viewshed when needed. a. When performing a design review of the primary rural viewshed and secondary rural viewshed setbacks, the design committee shall address the following: i. Evaluation of current state of site including vegetation, both the primary and secondary rural viewshed setbacks; ii. Determination of whether existing vegetation should be removed or vegetation should be planted to enhance the rural viewshed ; iii . Consideration of whether screening of the structures is necessary; and iv. Consideration of the existence of pastoral or agricultural operations in area. (4) For structures located on lots subject to a rural viewshed , an architectural review process is required. Such process will include a review of building elevations and landscape plans by the city architect. These structures shall be designed with 360-degree architecture and shall meet the intent of section 64-1151 ; and Page 3 of 4 I I I STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 17-02-301 RZl 7-01 (5) After issuance of the necessary permits to disturb the property but before the required pre- construction meeting, the developer shall install a 4 foot high orange tree save fence at least at the combined primary rural viewshed and secondary rural viewshed setback measured from the proposed Milton Trail or sidewalk easement or the proposed right of way. The fence shall be installed so as to protect heritage trees, protected trees and specimen trees as defined in Chapter 60 of the City Code or any other significant vegetation as determined by the city arborist. Location of such fencing shall be approved by the city arborist. In addition, a sign shall be posted on the fence every 25 feet indicating "rural viewshed" Tree save fence shall be removed at such time as the issuance of a certificate of occupancy for each lot abutting the viewshed is issued.; (6) Notwithstanding anything to the contrary in this subsection, agricultural operations may occur in the primary rural viewshed and secondary rural viewshed setbacks. (7) Prior to the transfer of any legal interest in an AG-1 zoned parcel that is subject to a rural viewshed , every legal or beneficial owner of such a parcel shall ensure that there is recorded in the chain of title for the parcel an Affidavit stating the following: "At the time of the execution of this Affidavit, the property with respect to which this Affidavit is filed is subject to certain restrictions contained in the City of Milton Zoning Ordinance, located in Chapter 64 of the Code of Ordinances of the City of Milton, Georgia. Such restrictions may include restrictions on development and disturbance of property located in the rural viewshed, which includes portions of property adjacent to streets not located within a platted subdivision." In addition, a copy of the Affidavit must be provided to any transferee of a legal interest in the parcel no later than the final closing of the transfer. (I) Architectural Review of structures -The following requirements are for structures located on single lot of record or a subdivision with less than four lots that abut an exterior street. (1) An architectural review process is required and shall include a review of building elevations and landscape plans by the city architect. (2) These structures shall be designed with street elevation architecture and shall meet the intent of section 64-1151 Page 4 of 4