HomeMy WebLinkAboutAgenda Packet CC - 06/09/2014 - Work Session Agenda Packet
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Matt Kunz
Bill Lusk
Burt Hewitt
Joe Longoria
Rick Mohrig
CITY COUNCIL CHAMBERS
City Hall, Suite 107E
Monday, June 9, 2014 Work Session Agenda 6:00 PM
1. Discussion of RZ13-22 – To Amend Chapter 64, Article VII, Division 6 Northwest
Fulton Overlay District.
(Kathleen Field, Community Development Director)
2. Discussion of RZ14-01 – To Amend Chapter 64, Article I, Section 64-1 Definitions.
(Kathleen Field, Community Development Director)
3. Discussion of RZ14-02 – To Amend Chapter 64, Article IX, Administrative Permits and
Use Permits.
(Kathleen Field, Community Development Director)
4. Discussion of RZ14-03 – To Amend Chapter 64, Article IX, Administrative Permits and
Use Permits to Create a New Use Permit for a Rural or Agricultural Event Facility.
(Kathleen Field, Community Development Director)
5. Discussion of RZ14-04 – To Amend Chapter 64, Article IX, Administrative Permits and
Use Permits to Create a New Use Permit for Artist Studio.
(Kathleen Field, Community Development Director)
RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council
Work Session on June 9, 2014
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DIVISION 6. NORTH WEST FULTONRURAL MILTON OVERLAY ZONING DISTRICT
Subdivision I. - In General
Sec. 64-1119. Purpose and intent.
(a) The Northwest Fulton Rural Milton Overlay District including Birmingham Crossroads applies to
all properties within the boundaries of the city as described in the attached map. The mayor and city
council finds that historic rural areas and their scenic surroundings are important cultural, recreation
and economic assets critical to the public's long-term interest and hereby declares it to be the purpose
of this division to recognize and to establish a procedure to protect and plan for the county's city’s
crossroads communities. The intent of this division is:
(1) To develop guidelines for the preservation and perpetuation of a rural commercial crossroads
communityies which includes Birmingham Crossroads, agricultural related uses, residential development
and scattered existing commercial zoning districts within the Overlay District based on the description
and analysis of their setting;
(2) To preserve the integrity of the area, which developed during the late 19th century and early
20th century, through architectural design interpretation and application;
(3) To preserve and protect the rural, agrarian and equestrian character of crossroads communities
and their surrounding areas;
(4) To preserve and to ensure the harmony and compatibility of the character of the area including
its physical appearance, natural setting and informal landscaping especially along the rural viewsheds,
including the implementation of the Milton Trail Plan;
(5) To be aware and respectful of the environment's natural resources and visual qualities;
(6) To preserve open space;
(7) To preserve, encourage and promote, through the built environment, the sense of place, the
sense of ownership, the sense of identity, the sense of evolution and the sense of community present in
the area;
(8) To ensure existing design characteristics of the crossroads and surrounding areas serve as a
standard against which plans for new construction will be judged for harmony compatibility and
appropriateness;
(9) To encourage and ensure that development that is contemporary in design and materials
compliments and is compatible and sensitive with the existing character of the area through its
proportion, scale, design, style, placement, position and architectural qualities;
RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council
Work Session on June 9, 2014
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(10) To develop a commercial community setting that has individuality and is unique and does not
imitate building types or styles unrelated to these crossroads communityies;
(11) To provide for the construction of buildings and spaces that are human in scale, welcoming and
approachable;
(12) To encourage containment of existing commercial areas, to provide for transition between
commercial areas and residential areas and discourage encroachment of the commercial areas into the
residential areas; and
(13) To promote sustainable development.
(b) This division is adopted as part of a strategy designed for the purpose, among others, of
preserving and protecting these areas and enhancing their important aesthetic appearance through
regulatory measures, while advancing community development goals, promoting economic
development and substantially protecting and promoting health, safety, order, prosperity and general
welfare of the city's citizens.
(c) Included within the scope are regulations governing the location of buildings on the site, the
design and material of buildings and other structures, landscaping and screening provisions, signs,
pedestrian circulation and other items. Whenever provisions in this division conflict with any other
articles in this zoning ordinance, or other city ordinances, or regulations, the stricter of the twothe
provisions of this division shall prevail.
Sec. 64-1120. Design review board.
(a) Composition. The City of Milton Design Review Board (DRB) shall consist of a seven-member
board of residents, land owners, business owners, professional architects or land planners, who either
maintain primary residences or businesses or own land in the city.
(b) Appointment; term. Members of the city design review board shall be nominated by the mayor
and district councilperson and approved by the city council. Members shall serve concurrently with the
mayor and council's terms.
(c) Elections; meetings. Members of the city design review board will elect a chairman and a vice-
chairman. Meetings will be conducted in accordance with the latest edition of Robert's Rules of Order.
(d) Review; recommendations. The city design review board shall review all plans for development
in the city, except for single-family residential land uses and dwelling units, for compliance with the
standards herein and shall make recommendations to the community development department prior to
the approval of a building permit primary variance, land disturbance permits except for single family
residential dwelling units and for both residential and nonresidential structures for a demolition permit.
(d) Review; recommendations. The city design review board shall review for compliance with the
Comment [RM1]: Planning Commission did not
support Staff’s recommendation to delete
demolition permits from the review of the DRB
based on the following: Suggested that Staff in the
future provide “teeth” to assist in preserving certain
structures; the need to allow the public to be aware
of possible demolitions;
Comment [RM2]: Please see reorganized (d)
below.
RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council
Work Session on June 9, 2014
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standards herein and shall make recommendations to the community development department prior to
the approval for the following:
i. building permits for commercial structures;
ii. building permits for office structures ;
iii. building permits for institutional structures;
iv. building permits for multi-family residential dwelling units;
v. building permits for townhouse, duplex, triplex, quadplex dwelling units;
vi. building permits for accessory structures
vii land disturbance permits except for single family residential;
viii. primary variance requests;
ix. rezoning requests;
x. use permit requests;
xi. all demolition permits.
Comment [RM3]: Staff had recommended the
removal of demolition permits to be reviewed by
the DRB. See Comment 1 above.
RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council
Work Session on June 9, 2014
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Sec. 64-1121 – Allowed Use Chart - The following chart identifies uses and their assigned categories.
These uses are allowed by right (with asterisks) or required by use permit . It is the intent that some
types of uses must comply with certain development standards outlined in the Rural Milton Overlay
District.
Commercial Type
Uses
Agricultural Type
Uses
Institutional Type
Uses
Non Single Family
Uses
Single Family Uses
Aircraft Landing
Area
Agricultural
related activities
Assisted living,
personal care
home
Apartments Single Family
homes*
Amphitheatre
Artist Studio Daycares related
to church/school
Country Inn Accessory
structures to the
SFR*
Bed and Breakfast Barns or riding
areas*
Medical lodging,
group residences
Townhouses/Two
family*
Senior Housing
(SFR)
Driving Range Cemetery &
Mausoleum
Museums Senior Housing
(MFR)
Mobile homes,
accessory dwelling
(To be used as
temporary
dwelling while
permanent
structure is built.)
Exotic or Wild
Animals
Composting Places of worship Group residence
for 5-8 children
Festivals or
Events,
outdoor/indoor
Equine garment
fabrication
Schools,
private/special
Greenhouses –
Hydroponic ,
larger than 5,000
square feet*
Greenhouses*
RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council
Work Session on June 9, 2014
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Commercial Type
Uses
Agricultural Type
Uses
Institutional Type
Uses
Non Single Family
Uses
Single Family Uses
Group residence
for 9-15 children
Lodge, retreat, or
campground
Kennel* Quarries & Surface
Mining
Landfill, inert
waste disposal
Roadside Stands*
Landfill, solid
waste
Rural or
Agricultural Event
Facility
Landscape
Business
Medical Related
Lodging
Race Track
Recreational Fields
Self Storage/multi
Sky Walk
Stadium (off-site)
associated with
private school
Uses within the
C-1, C-2, O-I
Zoning Districts*
Veterinary,
Veterinary
hospital*
*Allowed by right
within zoning
district.
Secs. 64-11221—64-1139. Reserved.
Comment [RM4]: PC recommends that the Use
Permit for Quarries & Surface Mining be deleted
entirely.
Comment [RM5]: PC recommended that the
Use Permit for Race Track be deleted entirely.
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Subdivision II. Development Standards
Sec. 64-1140. Established.
This subdivision establishes standards for elements of the overall site and of the buildings which affect
the character of the district such as: landscaping, fencing, lighting, building size, orientation, scale,
setback, parking, building design, building material, building components, signs, and color.
Sec. 64-1141 - Single Family Type Uses.
(1) Landscaping.
a. Rural Viewshed
i. Provide a 40 foot undisturbed buffer and an additional 20 foot no improvement setback
for single family lots adjacent to exterior streets. Where sparsely vegetated, replant the
undisturbed buffer in a natural fashion, per the approval of the City Arborist. Submit landscape
plan to Arborist for the preservation of the rural view shed.
ii. For structures located on lots adjacent to a rural viewshed, architectural elevations shall
be reviewed and approved by the City Architect prior to the issuance of a building permit. These
structures shall be designed with 360 degree architecture and shall meet the intent of Section
64-1155.
b. Clear cutting is prohibited, however, land clearing, timber harvesting, tree farming and
agricultural clearing may be allowed within the context of a development clearing permit.
iiic. No clear cutting removal of protected trees (Chapter 60, Article II) is permitted on the
site prior to the issuance of a land disturbance permit or, building permit, development clearing
permit, or tree removal permit.
(2) Stormwater management facilities
a. All facilities shall be in compliance with the Stormwater Management Manual (Chapter 20, Article IV
of the City Code).
b. All facilities shall be designed to create a natural look.
c. Stormwater better site designs and nonstructural stormwater management practices shall be used
whenever possible.
d. All detention facilities shall have a minimum ten-foot wide landscape strip planted to buffer standards
with evergreen plantings exterior to any required fence and or required access area.
RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council
Work Session on June 9, 2014
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e. Detention facilities shall be located in the least conspicuous area of the site as engineering standards
will allow.
(2) All detention ponds shall have a minimum ten-foot-wide landscape strip planted to buffer
standards with evergreen plantings exterior to any required fence and or required access area.
(3) Stormwater management facilities
a. All facilities shall be in compliance with the Stormwater management Manual (chapter 20,
article IV of the City Code).
b. Facilities that are located above ground shall be located in the least conspicuous area of the site
as engineering standards will allow.
c. Above ground stormwater management shall be designated to create a natural look.
f. The creation of shared stormwater management facilities are encouraged.
(43) Height.
a. There shall be a maximum height limit of two stories with the maximum height of 28
feet from average finished grade to the bottom of the roof eave.
There shall be a maximum height of 25 feet from average finished grade.
(54) Barrier Free Housing.
a. Incorporate universal design elements whenever possible such as one zero-step
entrance, main floor doorways of at least 32 inches of clear passage space, and a bathroom on the main
floor in all new homes.
(65) Lot Coverage.
a. Lot coverage shall not exceed 20 percent for each individual lot except those lots within
the Birmingham Crossroads Overlay District.
(76) Prohibited building components.
a. The following building components shall be prohibited: steel metal gates, burglar bars,
chain link fence, steel metal roll down curtains.
Comment [RM6]: After staff review, increased
the height from 25 to 28 feet.
Comment [RM7]: Planning Commission
recommended the removal of this requirement
based on the opinion that the market will provide
barrier free housing when there is a demand and
not necessary to include it in the zoning ordinance.
RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council
Work Session on June 9, 2014
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(7). Fencing and height.
1. In yards adjacent to an exterior street an equestrian fence is required.
2. Fences in yards adjacent to an exterior street shall not exceed 60 inches from finished grade.
3. Retaining walls shall be constructed of block or poured concrete with natural stone veneer or
solid stucco and brick only. If viewed from the street, walls shall provide a 360 degree veneer as
described above. Retaining walls above three feet high shall have a continuous planting of evergreens.
4. Opaque fences are prohibited in yards adjacent to an exterior street.
Sec 64-1142 Requirements for Commercial and MultiNon Single-Family Type Uses
(1) Landscaping.
On property with commercial or non-single family type uses, thereon, Llandscaping should be
compatible in form, style and design with the natural setting and informal landscaping present in the
area and on the site before development. Landscaping should also be used as a buffer to screen a
development from adjacent residential and agricultural uses. In addition, such property shall comply
with the following:
a. Streetscape and landscape strips.
1. All properties shall provide a minimum ten-foot-wide strip along all public streets. The
ten-foot-wide strip shall be planted with a minimum 2½ inches to three inches caliper hardwood
over-story. Additional over-story trees are encouraged. The ten-foot-wide strip may be
developed either (see section 64-1142(2)b. for additional landscape and screening
requirements):
i. With hardscape elements such as plazas, planters, benches, fountains and
tables in addition to the required hardwood trees; or
ii. With landscape elements consisting of 60 percent coverage in trees and shrubs
and 40 percent coverage in grass and ground cover pursuant to this zoning ordi nance,
and the city tree protection ordinance (chapter 60); or
iii. With a combination of both landscape and hardscape elements.
2. Cluster planting is encouraged, however at a minimum, Ttrees shall be planted in the
center of the landscape strip at a maximum distance of every 30 20 feet on average. Street trees
are required to be planted at 1 per 30 feet. They may be planted in clusters per the City Arborist.
Comment [RM8]: Staff has created a new
definition for fence, equestrian. Please see RZ14-01.
RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council
Work Session on June 9, 2014
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3. Specimen trees, as described in the chapter 60 (city tree protection ordinance(chapter
60), located within the minimum front yard shall be preserved.
4. A strip shall be planted with grass or sod between the back of curb or swale and the
sidewalk or the Milton Trail per the applicable city code.
b. Parking lot landscape islands.
1. There shall be a minimum ten-foot-wide landscape island at the end of each parking
bay;.
2. There shall be a ten-foot-wide landscape island for every 72 feet of double row length or
90 feet of single row length of parking spaces;.
3. Landscape islands shall include one over-story shade tree per 180 square feet of
landscape island area.; and
4. Location of interior landscape islands shall vary from row to row to avoid a grid pattern
and rectilinear layout.
c. Landscape buffers
1. For sites on four acres or less, a 50-foot-wide undisturbed buffer or alternative
screening design, with a ten-foot improvement setback, shall be located adjacent to all AG-1
zoning districts and all property zoned, used, or developed for residential uses.
2. For sites on more than four acres, a 75-foot-wide undisturbed buffer or alternative
screening design, with a 10-foot improvement setback, shall be located adjacent to all AG-1
zoning districts and all property zoned, used, or developed for residential uses.
3. To make buffers seem natural, an equal mix of three species shall be used.
d. Property owners are encouraged to develop a green space for recreation and public enjoyment.
e. Clear cutting is prohibited, however, land clearing, timber harvesting, tree farming and
agricultural clearing may be allowed within the context of a development clearing permit.
f. No removal of protected trees (Chapter 60, Article II) is permitted on the site prior to the
issuance of a land disturbance permit, building permit, development clearing permit, or tree
removal permit.
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Work Session on June 9, 2014
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(2) Screening and fencing.
Landscaping and fencing materials on property with commercial or non-single family usese thereon,
should be used to minimize visual and noise impact of parking, loading areas, detention ponds,
stormwater management areasfacilities, and accessory site features as set forth herein.
a. All loading spaces shall be screened from view of any public street by either:
1. A 15-foot-wide landscape strip planted with a continuous hedge of evergreen shrubs; or
2. Incorporated into the principal building.
Shrubs shall be moderately growing, be a minimum height of 3½ to four feet at time of planting, and
reach a height of six feet within two years of planting.
b. All parking lots shall be screened from view of any public street by:
1. Aa 15-foot-wide landscape strip planted to buffer standards.
Plants shall be a minimum height of 3½ to four feet at time of planting, and such plants shall reach a
height of six feet within two years of planting (see section 64 -1141(1)a 1142 (1) a.) for additional
landscape and screening requirements).
c. Refuse areas (dumpsters) shall be placed in the least visible location from public streets, and
shall be enclosed pursuant to rules of the Fulton County Health Department. Enclosures must be
constructed of the same exterior wall material used for the building. The enclosure shall be a foot higher
than what is contained in the interior. The door enclosing the refuse area shall be made constructed out
of an opaque non-combustible material and appearance must be consistent with the prevailing
architecture .
d. Accessory site features, as defined in each zoning district of this zoning ordinance, shall be
placed in the least visible location from public streets, and shall be screened from view of any right -of-
way or any property zoned, used, or developed for residential uses, including the AG-1 zoning district, by
one of the following means:
1. Placement behind the principle building; or
2. Erection of a 100 percent opaque fencing, around the entire accessory structure which
must be constructed of the same type of exterior material used for the building; or
3. By a vegetative screening,. Thewhich screening shall consist of evergreen shrubs, be 3½
to four feet at time of planting, and reach a height of six feet within two years orof
planting.
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e. Drive-throughs are prohibited. discouraged. However, if present, should be screened from view
from the right-of-way and should be in scale and proportion to the building to which it is attached.
(3) Stormwater management facilities
a. All facilities shall be in compliance with the Stormwater Management Manual (Chapter 20, Article IV
of the City Code).
b. All facilities shall be designed to create a natural look.
c. Stormwater better site designs and nonstructural stormwater management practices shall be used
whenever possible.
d. All detention facilities shall have a minimum ten-foot wide landscape strip planted to buffer standards
with evergreen plantings exterior to any required fence and or required access area.
e. Detention facilities shall be located in the least conspicuous area of the site as engineering standards
will allow.
f. If required, detention ponds shall have a minimum ten-foot-wide landscape strip planted to
buffer standards with evergreen plantings exterior to any required fence and or required access area.
g. Stormwater management facilities
1. All facilities shall be in compliance with the Stormwater management Manual (chapter 20,
article IV of the City Code).
2. Facilities that are located above ground shall be located in the least conspicuous area of the site
as engineering standards will allow.
3. Above ground stormwater management shall be designated to create a natural look.
4f. The creation of shared stormwater management facilities is encouraged.
h.(4) Fencing material andFencing and height.
1. In yards adjacent to an exterior street an equestrian fence is required.
2. Fences in yards adjacent to an exterior street shall not exceed 60 inches from finished grade.
3. Retaining walls shall be constructed of block or poured concrete with natural stone veneer or
solid stucco and brick only. If viewed from the street, walls shall provide a 360 degree veneer as
described above. Retaining walls above three feet high shall have a continuous planting of evergreens.
Comment [RM9]: Staff has created a new
definition for fence, equestrian. Please see RZ14-01.
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Work Session on June 9, 2014
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1. Allowed fencing material shall be three or four board wooden fencing with wood posts, in yards
adjacent to a public street.
2. Fences in yards adjacent to a public street shall not exceed 55 inches from finished grade.
3. Retaining walls shall be constructed of stone and brick only. Retaining walls above three feet
high shall have a continuous planting of evergreens.
4. Opaque fences are prohibited in yards adjacent to a public street, except as set forth in
subsections 2(d) and 2(e) of this section.
(34) Pedestrian safety
Construction of sidewalks and pedestrian amenities on property with commercial or non-single family
uses thereon should encourage and promote walking to a development and within a development. The
placement of sidewalks, pedestrian amenities, and the Milton Trail (See Chapter 48, Article VIII of the
City Code) should contribute to the sense of place of the community. Sidewalks shall be constructed
along public road frontages and at least a five-foot landscape strip shall be planted between the
roadway or curb and the sidewalk or the Milton Trail, whichever applies. The sidewalk shall be set back
from the back of curb the maximum distance allowable within the right-of-way.
a. Mandatory requirements; pedestrian path design standards.
1. Proposed developments shall have a pedestrian network.
2. Paths shall comply with any applicable Americans with Disabilities Act standards for
slope, width, texture, level differences, and ramps.
3. Paths shall be a minimum of five feet in width.
4. Paths shall be clearly identified through painting, signage and texture change.
5. In order to facilitate travel, paths shall not be obstructed by any object or structure.
6. Paths shall be designed to minimize direct auto-pedestrian interaction.
7. Paths shall be connected to signalized crosswalks, where applicable.
8. Paths shall be a direct and convenient route between points of origin (i.e., bus stop) and
destination (i.e., shop, bank, etc.) with the following exception: sidewalks and paths may
meander to protect and maintain mature trees and other permitted landscape features.
Meandering sidewalks are discouraged.
9. Internal walkways (paths) shall be constructed connecting the public sidewalk along the
street to the main entrance of the principal use of the property.
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10. Pedestrian paths shall be colored and/or textured walkways or sidewalks.
b. Encouraged elements; pedestrian paths and public spaces.
1. To increase safety, grade separation is encouraged between pedestrian paths and motor
vehicle access areas.
2. Paths are encouraged to be built alongside interesting and inviting features. Street
furniture is encouraged to be located adjacent to any path. Street furniture includes, but
is not limited to, benches, pedestrian scale lighting, trash receptacles, dog rubbish
receptacles, and ganged mailboxes.
3. Community public spaces that promote gathering and have a park like design with
streetscape and hardscape elements are encouraged.
4. Paths are allowed to perpendicularly cross landscape strips.
5. Granite curbing is preferred over other types of curbing.
(45) Site lighting for parking lots, pedestrian paths and public entrances.
Lighting on property with commercial or non-single family uses thereon should be compatible with the
rural and historic setting of Milton. Lighting should be minimal while at the same time ample enough for
safety and night viewing and be in compliance with the Night Sky Illumination (Chapter 64, Article II,
Division 7).
a. Parking lot lighting shall meet the following minimum standards:
i. Light poles shall not exceed a height of 20 feet from finished grade.
ii. Light poles shall not be allowed in tree islands.
iii. Bases of light poles shall be compatible with the design of the primary building.
iv. Parking lot light fixtures shall have the light cut off below 90 degrees and the beam shall
be cut off at 75 degrees.
v. Allowable Light post pole arm styles shall be either Shepherd's Crook or Acorn.
b. Pedestrian lighting shall meet the following minimum standards:
i. Light postspoles shall not exceed a height of 15 feet from finished grade.
ii. Light pole Allowable post styles are shall be either Shepard's Crook or Acorn.
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c. Light Postspoles shall include a taper, either in their transition downward from post to
decorative shaft (base), or upward to ballast housing, or both.
d. Prohibited styles: Shoe box and cobra styles are prohibited for light poles.
e. Building-mounted lighting fixtures shall have a 45 degree light cutoff.
f. All exterior lighting in publicly accessible locations shall be architecturally decorative with a
historic style.
g. Neon lighting is prohibited.
h. Light housings and posts shall be a dark color/material and be nonreflective.
i. Exterior lighting shall not exceed two-foot candles.
(56) Building size, orientation, setback, height, scale and parking.
The design and layout of a commercial or non-single family development should build upon and
complement the design of crossroads communities as opposed to creating a new one. The size,
orientation, setback and scale of buildings are integral elements of crossroads communities. A building's
orientation and placement should complement and relate to adjacent buildings, structures and
properties. The placement of buildings should create and informal grouping and relationship between
them as opposed to being orderly and uniform. The location of a building should take into consideration
its rural surrounding and take advantage of this by maintaining open views and spaces. Buildings should
be in proportion, in scale and characteristic to their rural and natural setting. The building design and
material should contribute to the style and feeling of its rural surrounding. The visual impact of parking
should be minimized by placing it to the rear and by screening. Accessory structures such as outparcel
buildings, accessory structures, fences and walls shall have architectural features and exterior materials
consistent with the principal building and are not required to meet the requirements except for height
listed in Sec 64-1142 (5). All structures shall be subject to review by the City Architect prior to Design
Review Board submittal. Such developments shall comply with the following.
a. Building Size.
i. On a development of four acres or less, the maximum building size shall be 20,000
square feet. However, to encourage construction of multiple buildings, iIf two or more buildings
are built, the total size of all buildings shall not exceedbe a maximum of 25,000 square feet, no
single one of which shall exceed 15,000 square feet.
Comment [RM10]: Planning Commission
recommends that this be deleted so as to meet the
same standards as primary structures
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ii. On developments larger than four acres, the maximum building size shall be 25,000
square feet.
iii. A group of two or more buildings that share at least one contiguous wall will be
considered as one building.
b. Orientation.
i. Buildings shall be oriented to a public street. An entrance to a building should be located
on the side of the building facing a public street.
ii. Accessory structures shall be located so as to be in the least visible from a public street
position and shall conform to the setbacks for the district standards.
iii. Driveways shall be perpendicular to the street.
c. Setbacks.
i. For all property and lots located adjacent to public rights-of-way and from zero to 400
feet or less from an intersection, buildings except for accessory structures shall be setback no
more than 20 feet from the edge of the required landscape strip or easements. This 20-foot
front yard area may be developed with a combination of landscape and hardscape elements,
such as plazas, fountains, benches, and tables. Additional shade tree plantings are encouraged
within public gathering places and alongside pedestrian paths. Buildings shall have varying
setbacks to create the informal crossroads community setting.
ii. For all property and lots located adjacent to public rights-of-way and more than 400 feet
or more beyond from an intersection, buildings except for accessory structures shall be set back
no more than 30 feet from the edge of the required landscape strip or easements. This 30-foot
front yard area may be developed with a combination of landscaping and hardscape elements,
such as plazas, fountains, benches, and tables. Additional shade tree plantings are encouraged
within public gathering places and alongside pedestrian paths.
iii. Buildings within a development shall have a minimum 20-foot separation between
buildings. This area shall be developed as greenspace or with a combination of hardscape and
landscaping.
iv. In the case where If a building in a development cannot front a public street and meet
the requirements of this article because other buildings are located there and no more space is
available along the public street, then the building can front on an internal street in the
development. The standards in this article that specifyregulating a building's position and
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relation to the street are also required for apply to a building fronting on an internal street. The
internal streets will also have to meet the standards specified for the public right-of-way,
including landscape and streetscape requirements.
d. Height.
i. There shall be a mMaximum building height limit of shall be two stories with the
maximum height of 30 feet from average finished grade to the bottom of the roof eave.
e. Scale.
For every 80 feet of building length on a single face, there shall be variation in the exterior or as
approved by the City Architect. This exterior variation shall be accomplished through the
following means:
i. For each 80 feet of building exterior wall, the building exterior and roof shall be offset
by a minimum of ten feet. Overhangs and roof lines shall follow the building's location.
ii. For each 80 feet of building exterior wall, there shall be a change in details, or patterns
or materials.
f. Parking.
i. Parking shall be shared among users within a common development. Parking shall be
reduced according to the shared parking standards established in section 64 -1411. Additional
reduction in the number of parking spaces is encouraged.
ii. All parking spaces built, which exceed in excess of the minimum number required by the
city zoning ordinance, shall be constructed of pervious material.
iii. No on-site parking shall be located to the front of a building o r between a building and
the public right-of-way (see section 64-11421(2)a.) regarding landscaping if parking is in view
from the right-of-way). Parking shall be located adjacent to internal streets, not a public right-of-
way.
iv. If an internal street is developed for use by the general public, one row of parallel or
diagonal parking is allowed between the street and the curb.
(67) Building and other structure design.
Construction of buildings in styles and types not found in Milton shall be avoided. Modern style using
traditional elements and the reinterpretation of a style rather than the mimicking of a style is
encouraged. Exaggerated or excessively large or small architectural elements should be avoided.
Elements should be in proportion with the overall building. In addition, buildings should reflect a specific
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style and not mix elements of different styles. The design and architectural elements of the buildings
should be compatible to those of the area. In Milton, commercial buildings are built at the intersections
of two major roads in a pattern of rural development called "crossroads communities." Residences are
constructed at the edge of these crossroads communities. The overlay district seeks to replicate this
pattern by having future nonresidential construction, built within 400 feet from the edge of the right -of-
way of an intersection, include elements of the historic commercial buildings, and nonresidential
buildings, constructed over 400 feet from the edge of right-of-way of an intersection, include elements
of the historic residential buildings. Accessory structures such as outparcel buildings, accessory
structures, fences and walls shall have architectural features and exterior materials consistent with the
principal building and are not required to meet the requirements listed in Sec 64-1142 (7). All structures
shall be subject to review by the City Architect prior to Design Review Board submittal. With the
foregoing purposes in mind, buildings and structures on property with a commercial or non-single family
use thereon, shall comply with the following:
a. Building design.
i. All buildings constructed within 400 feet from the edge of right-of-way of an
intersection of two public roads shall be designed in accordance with the predominant
commercial building types (see section 64-11505).
ii. All buildings constructed over 400 feet from the edge of right-of-way of an intersection
of two public roads shall be designed in accordance with the predominant residential building
types (see section 64-11505).
b. Building material.
i. Exterior wall materials shall consist predominately (a minimum of At least 80 percent of
exterior walls shall consist) of one or a combination of the following materials: horizontal
clapboard siding; brick; and stone or as approved by the City Architect. Vertical clapboard is
permitted on buildings built to look like barns. The brick shall be hand molded or tumbled to
create the appearance of old brick.
ii. Accent wall material (nNo more than 20 percent) of any exterior wall may consist of
include glass, architecturally treated, precast stone. All shall have a natural appearance or a
historic appearance or as approved by the City Architect.
iii. Prohibited eExterior building walls shall not consist of materials are as follows: metal
panel systems, ascast smooth concrete masonry or plain, reinforced concrete slabs, aluminum
Comment [RM11]: Planning Commission
recommends that this be deleted so as to meet the
same standards as primary structures
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or vinyl siding, plywood, mirrored glass, press-wood or corrugated steel. Exceptions are:
mechanical penthouses and roof screens).
c. Roof.
i. Permissible rRoofs shall be types are gable, pyramidal, and or hip style. Shed roofs are
permitted over porches, additions, and accessory structures. Roof pitches shall be between 8
over 12 and eight over 12 over 12, inclusive to 12 over 12 or as approved by the City Architect.
ii. Roof material shall be made out of the following materials: asphalt shingle, wood
shingle, wood shake, or standing seam metal.
iii. Buildings with a minimum gross square footage of 15,000 square feet are allowed to
may have a lower pitched roof if they meet all of the following standards:
1. A decorative parapet or cornice is constructed along all roof lines with a lower
pitch than specified in subsection (3)a (c) i.. of this section.
2. Roof top equipment is screened from public view from all adjacent public
streets.
iv. Mansard roofs are not permitted.
d. Windows.
i. Buildings shall have a ratio of openings (e.g., windows and doors) to solids which ranges
from no less than 30 percent to no greater than 50 percent, inclusive of the building
exterior or as approved by the City Architect.
ii. For wall sections greater than ten feet wide:
1. No one window shall exceed 32 square feet. No grouping of window s shall
exceed 100 square feet or as approved by the City Architect.
2. Windows on the side of the building with the principal or main entrance shall
have a maximum distance between windows not to exceed one window width
or as approved by the City Architect.
3. Windows on the building’s side and rear may shall have a maximum distance
between windows not to exceed window spacing up to two window widths
apart.
4. Windowsills shall be placed a minimum of two feet above finished grade.
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iii. A minimum of 80 percent of windows on each exterior wall shall have a vertical
orientation. The ratio of height to width of vertical windows shall be no less than 1.8 (height) to
one (width) or as approved by the City Architect.
iv. Window types shall include one or a combination of the following types: double -hung
sash window with 2/1, 3/1, 2/2, 4/4, 6/6, and 9/9 lights, casement windows and fixed window s
or as approved by the City Architect. The upper sash of all windows shall have divided lights.
Clip-ins are prohibited allowed.
v. If located on a corner lot, all of the exterior building walls facing a public street shall
continue the same window arrangements as the side with the principal entrance.
vi. If windows are paired or grouped in larger numbers, windows shall have divided lights
of 2/1 or more.
e. Doors.
i. Allowed dDoors used as entryways by the public includeare limited to the following
types:
1. Wood or simulated solid wood door with raised panels.
2. Wood or simulated wood door with raised panels on the bottom half and glass
on the top half.
3. Glass door with divided lights.
ii. Flush panel doors are prohibited as exterior doors.
f. Architectural features. Architectural details are encouraged to create variety, visual interest, and
texture on new buildings.
i. Articulated building entryways are typical of building types throughout the district.
Therefore, mMain entrances shall have greater architectural details by includeing a minimum of
two of the following elements:
1. Decorative columns or posts;
2. Pediments;
3. Arches;
4. Brackets;
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5. Transoms over doorways;
6. Sidelights;
7. Porticos; or
8. Recesses/projections.
ii. If used, shutters shall be operable and fit the size of the window.
iii. If roof dormers are present and they have windows, then the windows shall be glazed.
Dormers are not a common element and should be used minimally.
g. Accessory structures. Outparcel buildings, accessory structures, fences and walls shall have
architectural features and exterior materials consistent with the principal building.
g. Accessory structures such as outparcel buildings, accessory structures, fences and walls shall
have architectural features and exterior materials consistent with the principal building.
h. Prohibited building components. The following building components shall be prohibited: steel
gates, burglar bars, chain link fence, steel roll down curtains.
(78) Building colors.
All aspects of a commercial or non-single family development should use colors common in the area and
in nature. Earth-toned, subtle and muted colors provide for a development that incorporates sensitivity
to its natural surroundings.
a. Paint colors shall be chosen from the range of traditional colors present in the area.
Inappropriate high intensity colors shall be avoided.
b. Acceptable colors are listed in section 64-115449
Sec 64-1143 Requirements for Institutional Type Uses
(1) Landscaping.
On property with institutional uses thereon, Llandscaping should be compatible in form, style and design
with the natural setting and informal landscaping present in the area and on the site before
development. Landscaping should also be used as a buffer to screen a development from adjacent
residential and agricultural uses. In addition, such properties shall comply with the following:
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a. Streetscape and landscape strips.
1. All properties shall provide a minimum ten-foot-wide strip along all public streets. The
ten-foot-wide strip shall be planted with a minimum 2½ inches to three inches caliper hardwood
over-story. Additional over-story trees are encouraged. The ten-foot-wide strip may be
developed either (see section 64-1142(2)b. for additional landscape and screening
requirements):
i. With hardscape elements such as plazas, planters, benches, fountains and
tables in addition to the required hardwood trees; or
ii. With landscape elements consisting of 60 percent coverage in trees and shrubs
and 40 percent coverage in grass and ground cover pursuant to this zoning ordinance,
and the city tree protection ordinance (chapter 60); or
iii. With a combination of both landscape and hardscape elements .
2. Cluster planting is encouraged, however, at a minimum Ttrees shall be planted in the
center of the landscape strip at a maximum distance of every 20 feet on average. Street trees
are required to be planted at 1 per 2030 feet. They may be planted in clusters per the City
Arborist.
3. Specimen trees, as described in the chapter 60 (city tree protection ordinance) (chapter
60), located within the minimum front yard shall be preserved.
4. A strip shall be planted with grass or sod between the back of curb or swale and the
sidewalk or the Milton Trail per the applicable city code.
b. Parking lot landscape islands.
1. There shall be a minimum ten-foot-wide landscape island at the end of each parking
bay;.
2. There shall be a ten-foot-wide landscape island for every 72 feet of double row length or
90 feet of single row length of parking spaces;.
3. Landscape islands shall include one over-story shade tree per 180 square feet of
landscape island area.; and
4. Location of interior landscape islands shall vary from row to row to avoid a grid pattern
and rectilinear layout.
c. Landscape buffers
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1. For sites on four acres or less, a 50-foot-wide undisturbed buffer or alternative
screening design, with a ten-foot improvement setback, shall be located adjacent to all AG-1
zoning districts and all property zoned, used, or developed for residential uses.
2. For sites on more than four acres, a 75-foot-wide undisturbed buffer or alternative
screening design, with a 10-foot improvement setback, shall be located adjacent to all AG-1
zoning districts and all property zoned, used, or developed for residential uses.
3. To make buffers seem natural, an equal mix of three species shall be used.
d. Property owners are encouraged to develop a green space for recreation and public enjoyment.
e. No clear cutting permitted on the site prior to the issuance of a land disturbance permit or
building permit.
f. No removal of protected trees (Chapter 60, Article II) is permitted on the site prior to the
issuance of a land disturbance permit, building permit, development clearing permit, or tree
removal permit.
g. Clear cutting is prohibited, however, land clearing, timber harvesting, tree farming and
agricultural clearing may be allowed within the context of a development clearing permit.
(2) Screening and fencing.
Landscaping and fencing materials on property with Institutional uses thereon, should be used to
minimize visual and noise impact of parking, loading areas, detention ponds, stormwater management
areas facilities, and accessory site features as set forth herein:.
a. All loading spaces shall be screened from view of any public street by either:
1. A 15-foot-wide landscape strip planted with a continuous hedge of evergreen shrubs; or
2. Incorporated into the principal building.
Shrubs shall be moderately growing, be a minimum height of 3½ to four feet at time of planting, and
reach a height of six feet within two years of planting.
b. All parking lots shall be screened from view of any public street by:
1. Aa 15-foot-wide landscape strip planted to buffer standards.
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Plants shall be a minimum height of 3½ to four feet at time of planting, and such plants shall reach a
height of six feet within two years of planting (see section 64 -1141(1)a. for additional landscape and
screening requirements).
c. Refuse areas (dumpsters) shall be placed in the least visible location from public streets, and
shall be enclosed pursuant to rules of the Fulton County Health Department. Enclosures must be
constructed of the same exterior wall material used for the building. The enclosure shall be a foot higher
than what is contained in the interior. The door enclosing the refuse area shall be made out constructed
of an opaque non-combustible material and appearance must be consistent with the prevailing
architecture.
d. Accessory site features, as defined in each zoning district of this zoning ordinance, shall be
placed in the least visible location from public streets, and shall be screened from view of any right-of-
way or any property zoned, used, or developed for residential uses, including the AG-1 zoning district, by
one of the following means:
1. Placement behind the principle building; or
2. Erection of an 100 percent opaque fencing, around the entire accessory structure which
must be constructed of the same type of exterior material used for the building; or
3. By a vegetative screening, . The screening which shall consist of evergreen shrubs, be 3½
to four feet at time of planting, and reach a height of six feet within two years or
planting.
e. Drive-throughs are prohibited discouraged. However, if present, a drive-through shall be
considered to be an accessory structure to a building and shall be placed behind the principal building
and should be screened from view from the right-of-way and should be in scale and proportion to the
building to which it is attached.
(3) Stormwater management facilities
a. All facilities shall be in compliance with the Stormwater Management Manual (Chapter 20, Article IV
of the City Code).
b. All facilities shall be designed to create a natural look.
c. Stormwater better site designs and nonstructural stormwater management practices shall be used
whenever possible.
d. All detention facilities shall have a minimum ten-foot wide landscape strip planted to buffer standards
with evergreen plantings exterior to any required fence and or required access area.
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e. Detention facilities shall be located in the least conspicuous area of the site as engineering standards
will allow.
f. The creation of shared stormwater management facilities is encouraged.
f. If required, detention ponds shall have a minimum ten-foot-wide landscape strip planted to
buffer standards with evergreen plantings exterior to any required fence and or required access area.
g. Stormwater management facilities
1. All facilities shall be in compliance with the Stormwater management Manual (chapter 20,
article IV of the City Code).
2. Facilities that are located above ground shall be located in the least conspicuous area of the site
as engineering standards will allow.
3. Above ground stormwater management shall be designated to create a natural look.
4. The creation of shared stormwater management facilities is encouraged.
h.(4) Fencing material and height.
1. Allowed In yards adjacent to an exterior street an equestrian fence is required. fencing
material shall be three or four board wooden fencing with wood posts , in yards adjacent
to a public street.
2. Fences in yards adjacent to a public street shall not exceed 5560 inches from finished
grade.
3. Retaining walls shall be constructed of block or poured concrete with natural stone
veneer or solid stucco stone and brick only. If viewed from the street, walls shall provide
a 360 degree veneer as described above. Retaining walls above three feet high shall
have a continuous planting of evergreens.
4. Opaque fences are prohibited in yards adjacent to a public st reet, except as set forth in
subsections 2(d) and 2(e) of this section.
(35) Pedestrian safety
Construction of sidewalks and pedestrian amenities on property with an Institutional use thereon should
encourage and promote walking to a development and within a development. The placement of
sidewalks, pedestrian amenities, and the Milton Trail (See Chapter 48, Article VIII of the City Code)
should contribute to the sense of place of the community. Sidewalks shall be constructed along public
Comment [RM12]: Staff has created a new
definition for fence, equestrian. Please see RZ14-01.
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road frontages and at least a five-foot landscape strip shall be planted between the roadway or curb and
the sidewalk or the Milton Trail, whichever applies. The sidewalk shall be set back from the back of curb
the maximum distance allowable within the right-of-way.
a. Mandatory requirements; pedestrian path design standards.
1. Proposed developments shall have a pedestrian network.
2. Paths shall comply with any applicable Americans with Disabilities Act standards for
slope, width, texture, level differences, and ramps.
3. Paths shall be a minimum of five feet in width.
4. Paths shall be clearly identified through painting, signage and texture change.
5. In order to facilitate travel, paths shall not be obstructed by any object or structure.
6. Paths shall be designed to minimize direct auto-pedestrian interaction.
7. Paths shall be connected to signalized crosswalks, where applicable.
8. Paths shall be a direct and convenient route between points of origin (i.e., bus stop) and
destination (i.e., shop, bank, etc.) with the following exception: sidewalks and paths may
meander to protect and maintain mature trees and other permitted landscape features.
Meandering sidewalks are discouraged.
9. Internal walkways (paths) shall be constructed connecting the public sidewalk along the
street to the main entrance of the principal use of the property.
10. Pedestrian paths shall be colored/ and or textured walkways or sidewalks.
b. Encouraged elements; pedestrian paths and public spaces.
1. To increase safety, grade separation is encouraged between pedestrian paths and motor
vehicle access areas.
2. Paths are encouraged to be built alongside interesting and inviting features. Street
furniture is encouraged to be located adjacent to any path. Street furniture includes, but
is not limited to, benches, pedestrian scale lighting, trash receptacles, dog rubbish
receptacles, and ganged mailboxes.
3. Community public spaces that promote gathering and have a park like design with
streetscape and hardscape elements are encouraged.
4. Paths are allowed to perpendicularly cross landscape strips.
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5. Granite curbing is preferred over other types of curbing.
(4) Site lighting for parking lots, pedestrian paths and public entrances.
Lighting on property with institutional uses thereon should be compatible with the rural and historic
setting of Milton. Lighting should be minimal while at the same time ample enough for safety and night
viewing and be in compliance with the Night Sky Illumination (Chapter 64, Article II, Division 7).
a. Parking lot lighting shall meet the following minimum standards:
i. Light poles shall not exceed a height of 20 feet from finished grade.
ii. Light poles shall not be allowed in tree islands.
iii. Bases of light poles shall be compatible with the design of the primary building.
iv. Parking lot light fixtures shall have the light cut off below 90 degrees and the beam shall
be cut off at 75 degrees.
v. Allowable postLight pole arm styles shall, shall either be Shepherd's Crook or Acorn.
b. Pedestrian lighting shall meet the following minimum standards:
i. Light postspoles shall not exceed a height of 15 feet from finished grade.
ii. Allowable postLIght pole arm styles are shall be either Shepard's Crook or Acorn.
c. Posts Light poles shall include a taper, either in their transition downward from post to
decorative shaft (base), or upward to ballast housing, or both.
d. Prohibited styles: Shoe box and cobra styles are prohibited for light poles.
e. Building-mounted lighting fixtures shall have a 45 degree light cutoff.
f. All exterior lighting in publicly accessible locations shall be architecturally decorative with a
historic style.
g. Neon lighting is prohibited.
h. Light housings and posts shall be a dark color/material and be nonreflective.
i. Exterior lighting shall not exceed two-foot candles.
(5) Building size, orientation, setback, height, scale and parking.
The design and layout of an institutional type development should build upon and complement the
design of crossroads communities as opposed to creating a new one. The size, orientation, setback and
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scale of buildings are integral elements of crossroads communities. A building's orientation and
placement should complement and relate to adjacent buildings, structures and properties. The
placement of buildings should create and informal grouping and relationship between them as opposed
to being orderly and uniform. The location of a building should take into consideration its rural
surrounding and take advantage of this by maintaining open views and spaces. Buildings should be in
proportion, in scale and characteristic to their rural and natural setting. The building design and material
should contribute to the style and feeling of its rural surrounding. The visual impact of parking should be
minimized by placing it to the rear and by screening. Accessory structures such as outparcel buildings,
accessory structures, fences and walls shall have architectural features and exterior materials consistent
with the principal building and are not required to meet the requirements except for height listed in Sec
64-1142(5). All structures shall be subject to review by the City Architect prior to Design Review Board
submittal. Such developments shall comply with the following:
a. Building Size.
i. On a development of four acres or less, the maximum building size shall be 20,000
square feet. However, to encourage construction of multiple buildings, iIf two or more buildings
are built, the total size of all buildings shall be a maximum of not exceed 25,000 square feet, no
single one of which shall exceed 15,000 square feet.
ii. On developments larger than four acres, the maximum building size shall be 25,000
square feet.
iii. A group of two or more buildings that share at least one contiguous wall will be
considered as one building.
b. Orientation.
i. Buildings shall be oriented to a public street. An entrance to a building should be located
on the side of the building facing a public street.
ii. Accessory structures shall be located in theso as to be least visible from a public street
position and shall conform to the setbacks for the district standards.
iii. Driveways shall be perpendicular to the street.
dc. Height.
i. There shall be a mMaximum building height limit of shall be two stories with the
maximum height of 30 feet from average finished grade to the bottom of the roof eave except
where allowed pursuant to Sec. 64-76.
ed. Scale.
Comment [RM13]: Planning Commission
recommends that this be deleted so as to meet the
same standards as primary structures
Comment [RM14]: This addresses church
steeples and belfries.
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For every 80 feet of building length on a single face, there shall be variation in the exterior or as
approved by the City Architect. This exterior variation shall be accomplished through the
following means:
i. For each 80 feet of building exterior wall, the building exterior and roof shall be offset
by a minimum of ten feet. Overhangs and roof lines shall follow the building's location.
ii. For each 80 feet of building exterior wall, there shall be a change in details, or patterns
or materials.
fe. Parking.
i. Parking shall be shared among users within a common development. Parking shall be
reduced according to the shared parking standards established in section 64 -1411. Additional
reduction in the number of parking spaces is encouraged.
ii. All parking spaces built, which exceed in excess theof the minimum number required by
the city zoning ordinance, shall be constructed of pervious material.
iii. No on-site parking shall be located to the front of a building or between a building and
the public right-of-way (see section 64-1142(2) regarding landscaping if parking is in view from
the right-of-way). Parking shall be located adjacent to internal streets, not a public right-of-way.
iv. If an internal street is developed for use by the general public, one row of parallel or
diagonal parking is allowed between the street and the curb.
(6) Building and other structure design.
Construction of buildings in styles and types not found in Milton shall be avoided. Modern style using
traditional elements and the reinterpretation of a style rather than the mimicking of a style is
encouraged. Exaggerated or excessively large or small architectural elements should be avoided.
Elements should be in proportion with the overall building. In addition, buildings should reflect a specific
style and not mix elements of different styles. The design and architectural elements of the buildings
should be compatible to those of the area. In Milton, commercial buildings are built at the intersections
of two major roads in a pattern of rural development called "crossroads communities." Residences are
constructed at the edge of these crossroads communities. The overlay district seeks to replicate this
pattern by having future nonresidential construction, built within 400 feet from the edge of the right -of-
way of an intersection, include elements of the historic commercial buildings, and nonresidential
buildings, constructed over 400 feet from the edge of right-of-way of an intersection, include elements
of the historic residential buildings. Accessory structures such as outparcel buildings, accessory
structures, fences and walls shall have architectural features and exterior materials consistent with the
principal building and are not required to meet the requirements listed in Sec 64-1142(6). All structures
shall be subject to review by the City Architect prior to Design Review Board submittal. With the
Comment [RM15]: Planning Commission
recommends that this be deleted so as to meet the
same standards as primary structures
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foregoing proposes in mind, buildings and structures on property with institutional uses thereon, shall
comply with the following:
a. Building design.
i. All buildings constructed within 400 feet from the edge of right-of-way of an
intersection of two public roads shall be designed in accordance with the predominant
commercial building types (see section 64-11550).
ii. All buildings constructed over 400 feet from the edge of right-of-way of an intersection
of two public roads shall be designed in accordance with the predominant residential building
types (see section 64-11550).
b. Building material.
i. Exterior wall materials shall consist predominately (a minimum ofAt least 80 percent )
of external walls shall consist of one or a combination of the following materials: horizontal
clapboard siding; brick; and stone or as approved by the City Architect. Vertical clapboard is
permitted on buildings built to look like barns. The brick shall be hand molded or tumbled to
create the appearance of old brick .
ii. Accent wall material (nNo more than 20 percent) of any exterior wall may consist of
may include glass, architecturally treated, precast stone. All shall have a natural appearance or a
historic appearance.
iii. Prohibited eExterior building materials are as followswalls shall not consist of: metal
panel systems, ascast smooth concrete masonry or plain, reinforced concrete slabs, aluminum
or vinyl siding, plywood, mirrored glass, press-wood or corrugated steel. Exceptions are: Not
withstanding the forgoing sentence, mechanical penthouses and roof screens) are allowed.
c. Roof.
i. Permissible rRoofs shall be types are gable, pyramidal, and or hip style. Shed roofs are
permitted over porches, additions, and accessory structures. Roof pitches shall be between
eight 8 over 12 to and 12 over 12 inclusive or as approved by the City Architect.
ii. Roof material shall be made out of the following materials: asphalt shingle, wood
shingle, wood shake, or standing seam metal.
iii. Buildings with a minimum gross square footage of 15,000 square feet are allowed tomay
have a lower pitched roof if they meet all of the following standards:
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1. A decorative parapet or cornice is constructed along all roof lines with a lower
pitch than specified in subsection (3c)ai. of this section.
2. Roof top equipment is screened from public view from all adjacent public
streets.
iv. Mansard roofs are not permitted.
d. Windows.
i. Buildings shall have a ratio of openings (e.g., windows and doors) to solids which ranges
from no less than 30 percent to no greater than 50, percent inclusive percent of the building
exterior or as approved by the City Architect.
ii. Accessory structures or structures used secondary to the primary use of the
development are not required to meet the window requirements above.
iii. For wall sections greater than ten feet wide:
1. No one window shall exceed 32 square feet. No grouping of window s shall
exceed 100 square feet or as approved by the City Architect.
2. Windows on the side of the building with the principal or main entrance shall
have a maximum distance between windows not to exceed one window width
or as approved by the City Architect.
3. Windows on the building’s side and rear may shall have a minimum distance
between windows not to exceed window spacing up to two window widths
apart.
4. Windowsills shall be placed a minimum of two feet above finished grade.
iv. A minimum of 80 percent of windows on each exterior wall shall have a vertical
orientation. The ratio of height to width of vertical windows shall be no less than 1.8 (height) to
one (width) or as approved by the City Architect.
v. Window types shall include one or a combination of the following types: double -hung
sash window with 2/1, 3/1, 2/2, 4/4, 6/6, and 9/9 lights, casement windows and fixed windows
or as approved by the City Architect. The upper sash of all windows shall have divided lights.
Clip-ins are allowed prohibited.
vi. If located on a corner lot, all of the exterior building walls facing a public street shall
continue the same window arrangements as the side with the principal entrance.
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vii. If windows are paired or grouped in larger numbers, windows shall have divided lights
of 2/1 or more.
e. Doors.
i. Allowed dDoors used as entryways by the public are limited to the following
types:include:
1. Wood or simulated solid wood door with raised panels.
2. Wood or simulated wood door with raised panels on the bottom half and glass
on the top half.
3. Glass door with divided lights.
ii. Flush panel doors are prohibited as exterior doors.
f. Architectural features. Architectural details are encouraged to create variety, visual interest, and
texture on new buildings.
i. Articulated building entryways are typical of building types throughout the district.
Therefore, mMain entrances shall have greater architectural details by includeing a minimum of
two of the following elements:
1. Decorative columns or posts;
2. Pediments;
3. Arches;
4. Brackets;
5. Transoms over doorways;
6. Sidelights;
7. Porticos; or
8. Recesses/projections.
ii. If used, shutters shall be operable and fit the size of the window.
iii. If roof dormers are present and they have windows, then the windows shall be glazed.
Dormers are not a common element and should be used minimally.
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g. Accessory structures. Outparcel buildings, accessory structures, fences and walls shall have
architectural features and exterior materials consistent with the principal building.
h. Prohibited building components. The following building components shall be prohibited: steel
gates, burglar bars, chain link fence, steel roll down curtains.
(7) Building colors.
All aspects of an institutional development should use colors common in the area and in nature. Earth-
toned, subtle and muted colors provide for a development that incorporates sensitivity to its natural
surroundings.
a. Paint colors shall be chosen from the range of traditional colors present in the area.
Inappropriate high intensity colors shall be avoided.
b. Acceptable colors are listed in section 64-115449.
Sec. 64-1143. Requirements for Agricultural Type Uses
(1) Height
a. Comply with the zoning district’s height requirement.
(2) Parking
a.. All parking spaces built, which exceed the minimum number required by the city zoning
ordinance, shall be constructed of pervious material.
(3) Stormwater management facilities
a. All facilities shall be in compliance with the Stormwater Management Manual (Chapter 20, Article IV
of the City Code).
b. All facilities shall be designed to create a natural look.
c. Stormwater better site designs and nonstructural stormwater management practices shall be used
whenever possible.
d. All detention facilities shall have a minimum ten-foot wide landscape strip planted to buffer standards
with evergreen plantings exterior to any required fence and or required access area.
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e. Detention facilities shall be located in the least conspicuous area of the site as engineering standards
will allow.
f. The creation of shared stormwater management facilities is encouraged.
1. All facilities shall be in compliance with the Stormwater management Manual (chapter
20, article IV of the City Code).
2. Facilities that are located above ground shall be located in the least conspicuous area of
the site as engineering standards will allow.
3. Above ground stormwater management shall be designated to create a natural look.
4. The creation of shared stormwater management facilities is encouraged.
(4) Fencing material and height.
1. Allowed In yards adjacent to an exterior street an equestrian fence is required. fencing
material shall be three or four board wooden fencing with wood posts, in yards adjacent
to an exterior street.
2. Fences in yards adjacent to an exterior street shall not exceed 60 inches from finished
grade.
3. Retaining walls shall be constructed of block or poured concrete with natural stone
veneer stone and brick or solid stucco and brick only. If viewed from the street, walls
shall provide a 360 degree veneer as described above. Retaining walls above three feet
high shall have a continuous planting of evergreens.
4. Opaque fences are prohibited in yards adjacent to an exterior street.
Sec. 64-11471144. Building colors.
All aspects of a development should use colors common in the area and in nature. Earth-toned, subtle
and muted colors provide for a development that incorpor ates sensitivity to its natural surrounding.
(1) Paint colors shall be chosen from the range of traditional colors present in the area.
Inappropriate high intensity colors shall be avoided.
(2) Acceptable colors are listed in section 64-1154
Sec. 64-1148. Sign structure colors.
Comment [RM16]: Staff has created a new
definition for fence, equestrian. Please see RZ14-01.
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(a) All colors when applied to a neutral background using the pallet in section 64 -1154 will be
acceptable. Colors used for corporate identity or graphics shall not exceed over 30 percent of the total
signage area, thereby leaving 70 percent of the total sign area to remain in the neutral background
color.
(b) Acceptable colors are listed in section 64-1154
Sec. 64-11491145. Graffiti.
Graffiti defacing the façade of any building, sign, path, accessory structure, wall, fence or other site
element is prohibited.
Sec. 64-1150. Towers and antennas.
Antenna, tower and associated structures should blend in with their surrounding as much as possible.
(1) Antennas and towers shall be as far away from the right-of-way as possible or be located next to
established tree plantings.
(2) Antennas, towers and accessory structures shall be a dark matt nonreflective color such as dark
gray.
(3) Antennas, towers and accessory structures shall have no lights other than those required by the
Federal Aviation Administration.
(4) The landscape buffer around the antennas, towers and accessory structure shall be natural and
informal by having an irregular shape.
(5) The plantings in the landscape buffer shall obscure any accessory structures within one year of
planting.
(6) In the landscape buffer, a mix of three species of trees acceptable to the city arborist should be
planted. In the mix of trees, one should be evergreen, one deciduous and one seasonal or perennial.
(7) Fence openings shall be out of view from the public right-of-way.
(8) Where appropriate, towers should be camouflaged.
Sec. 64-11511146. Severability.
In the event that any section, subsection, sentence, clause or phrase of this division shall be declared or
adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections,
subsections, sentences, clauses or phrases of this division, which shall remain in full force and effect, as
if the section, subsection, sentence, clause, or phrase so dec lared or adjudged invalid or
unconstitutional were not originally a part thereof.
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Sec. 64-11521147. Appeals.
Any persons aggrieved by a final decision of the design review board relating to this division may appeal
from such final decision to the board of zoning appeals by filing in writing setting forth plainly, fully and
distinctly why the final decision is contrary to law per sections 64-1885 through 64-1947. Such appeal
shall be filed within 30 days after the final decision of the design review board i s rendered.
Sec. 64-11531148. Effective date.
Applications for building permits, land disturbance permits, and sign permits filed on or after the day of
adoption of this division shall meet the standards of this overlay district.
Sec. 64-11541149. Acceptable building material and sign color palette.
(a) Scope.
(1) Colors apply to building materials, architectural and decorative elements, and sign structure.
(2) The numbers refer to Pantone Matching System, an international color matching system. The
PMS Color Guide can be matched using a variety of methods:
a. Modern digital scanning/color interpretation.
b. Cross referencing paint manufacturers formulas.
c. Visual comparison matching.
(3) Colors have been chosen not only by what is found architecturally in the Northwest Fulton
areaMilton area historically but also what is seen in nature and in the surrounding environment. These
interpretations seek to avoid "primary" color values in favor of "muted" and "subtle" colors.
(4) Any brand of paint can be used. The reference to certain paint brands is simply to illustrate the
appropriate colors.
(b) Whites. Acceptable "whites" are described as subtle shades or tints of white, including
"neutral," "antique," "taupe," or "sandstone."
(c) Quartertones. Quarter tones are one-quarter the strength of a full color. It provides a softer
transition between colors.
(d) Mid-tones. Mid-tones are colors half-way between light and dark.
(e) Shadowtones. Dark colors are fully pigmented and offer rich colors for darker accenting without
relying on basic browns, blacks, and grays.
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(f) Color chart.
Manufacturer: PMS, Porter Brand (P), Duron (D),
Name: Color tile
No. Reference Number
Range: White (w), Quarter-tone (q), Mid tone (m), Shadow tone (s)
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Sec. 64-11551150. Characteristics of Northwest Fulton Rural Crossroads communitiesMilton Overlay.
(a) The Northwest FultonRural Milton Overlay is based on the overall setting and characteristics of
the rural crossroads communities in the city. In order to determine their qualities, a visual survey was
conducted of Crabapple and Birmingham as well as commercial buildings in Hopewell and A rnold Mill,
the main crossroads communities in the city. Commercial development in the city has been historically
located in the crossroads communities that developed at the intersection of two or more roads. In these
communities, commercial uses are close to the intersection, with institutional uses, such as churches
and schools, next to them and residential uses extending along the roads. Large tracts of agricultural
land, with rural vistas and views, border the residential areas. These crossroads communities maintain
their historic integrity as well as their informal character, rural atmosphere and charm. Generally, the
commercial buildings at the crossroads are oriented to the street, are close to the street and have
varying setbacks (from zero to 20 feet). Buildings are grouped informally and asymmetrically to each
other to form a village atmosphere. Parking is located to the side or to the rear. Landscapes and the
space between the buildings are informal, asymmetrical, rural and picturesque. They avoid modern day
styles that emphasize ordered plantings, over planting and often geometric placement. Informality of
place provides for human scale, comfort and a welcoming atmosphere. The setting, the buildings' design
and architectural details are elements that maintain the value of the communities and contribute to the
sense of place in the city. More than being a place for commerce, they provide the sense of identity,
ownership, community and evolution. Many of the commercial buildings were built from the la te 1800's
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to the late 1930's in various types and style and have a rural and agrarian character. The buildings are
generally small, one story with a square or rectangular footprint. Buildings are in scale and in proportion
to each other. The principal building materials are brick and clapboard siding, however, stone is also
used. The roofs are gable or hip and are made out of standing seam metal or asphalt shingles. Many of
these also have a small recessed porch. Several window types are present including, double-hung sash,
casement, fixed and fixed with an arch. In the double-hung sash windows, the sashes are divided into six
lights over six, 4/4 and 2/2. The windows are in proportion to the building and most have a vertical
orientation. The doors are usually wood paneled doors with glass in the upper half. The entryways and
main façades are more articulated that the rest of the buildings. This is achieved by recessing the
entrance or flanking the door with sidelights and transom lights. The buildings have limited stylistic
elements. Some of the features that are present include: round and square columns, frieze board,
exposed rafter ends, and triangle gable braces.
(b) Crossroads communities blend with their surroundings and thus avoid abrupt beginnings and
endings. Commercial buildings transition into smaller residential buildings. Uses also transition down
from commercial to office and then to residential. Many residential buildings that extend along the
roads are now being used for retail and office. These residential areas also share similar characteristics:
they are one-story, oriented to the street, often a walkway leads from the street to the front door or
from the driveway to the front door, and the driveway is perpendicular to the street. Parking is to the
side or the rear. The buildings are setback ten to 40 feet from the sidewalk. In addition, wood fences,
retaining walls and hedges often define the boundaries of the property.
(c) The houses themselves also have similar characteristics. The principal building material is wood
clapboard siding and some are made out of stone. The common roof forms are gable, cross gable and
hip and are made out of standing seam metal or asphalt shingles. The houses are raised on a foundation.
Most of these also have a front or wrap around porch. The majority of the windows are double -hung
sash with the sashes divided into six lights over six, 3/1 9/9, 1/1 and 2/2. Some have sidelights and
transom lights around the front door and fixed arched windows.
(d) Several house types are present, including: hall parlor, double pen, central hallway, gable ell
cottage, new south cottage, Georgian cottage, bungalow and side gable cottage. House type refers to
the height of the house as well as the general layout of the interior rooms. A description and layout of
each is included in this section.
(e) Many of these houses do not have a high style but rather have a vernacular interpretation of a
style. Style refers to the external ornamentation and the overall form of the house. In ma ny cases, style
elements are associated with a certain house type. For instance, craftsman elements are present in
bungalow type houses. The architectural features present in these houses, by style, are listed below and
are discussed in this section.
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(1) Greek Revival. Frieze board, round columns, Doric columns, flute columns, gable returns, corner
pilasters, dentil molding, pedimented gable.
(2) Queen Anne and Folk Victorian. Decorative cut shingles, verge board, turned posts, ionic
columns, porch with turned balusters, frieze board.
(3) Craftsman. Wood or brick battered columns on brick or stone piers, exposed rafter ends,
overhanging eaves, gable braces, frieze board, gable returns.
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Field Code Changed
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NORTHWEST FULTONRURAL MILTON OVERLAY DISTRICT MAP
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Secs. 64-11561151—64-1174. Reserved.
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Chapter 64 - ZONING
ARTICLE I. IN GENERAL
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ARTICLE I. IN GENERAL
Sec. 64-1. Definitions.
Sec. 64-2. Purpose and title.
Secs. 64-3—64-21. Reserved.
Sec. 64-1. Definitions.
(a) Scope. Words not defined herein shall be construed to have the meaning given by Merriam -
Webster's Collegiate Dictionary, eleventh edition.
(b) Use and interpretation. The following shall apply to the use of all words in this zoning ordinance:
(1) Words used in the present tense shall include the future tense.
(2) Words used in the singular shall include the plural and vice versa.
(3) The word "shall" is mandatory.
(4) The word "may" is permissive.
(5) The nouns "zone," "zoning district" and "district" have the same meaning and refer to the zoning
districts established by this zoning ordinance.
(6) The phrase "used for" shall include the phrases "arranged for," "designed for," "intended for,"
"maintained for" and "occupied for."
(c) Terms.
Accessory site feature means mechanical, electrical and ancillary equipment, cooling towers,
mechanical penthouses, heating and air conditioning units and p ads, exterior ladders, storage tanks,
processing equipment, service yards, storage yards, exterior work areas, loading docks, maintenance
areas, dumpsters, recycling bins, and any other equipment, structure or storage area located on a roof,
ground or building.
Addition to an existing building means any walled and roofed expansion to the perimeter of a
building in which the addition is connected by a common loadbearing wall other than a firewall. Any
walled and roofed addition, which is connected by a firewall or is separated by independent per imeter
loadbearing walls, is new construction.
Adjoin means to have a common border with. The term "adjoin" also means coterminous,
contiguous, abutting and adjacent.
Administrative minor variance. See "Variance."
Administrative modification means a change to an approved condition of zoning that constitutes only
a technical change and does not involve significant public interest as determined by the director of
community development.
Administrative variance. See "Variance."
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ARTICLE I. IN GENERAL
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Adult bookstore means an establishment or facility licensed to do business in the city having a
minimum of 25 percent of its stock in trade, for any form of consideration, any one or more of the
following materials:
(1) Books, magazines, periodicals, or other printed matter, or phot ographs, films, motion pictures,
videocassettes, CDs, DVDs or other video reproductions, or slides or other visual
representations which are characterized by the depiction or description of "specified sexual
activities" or "specified anatomical areas," as defined herein; or
(2) Instruments, devices, novelties, toys or other paraphernalia that are designed for use in
connection with "specified sexual activities" as defined herein or otherwise emulate, simulate, or
represent "specified anatomical areas" as d efined herein.
Adult entertainment means permitting, performing, or engaging in live acts:
(1) Of touching, caressing, or fondling of the breasts, buttocks, and anus, vulva, or genitals;
(2) Of displaying of any portion of the areola of the female breas t, or any portion of his or her pubic
hair, cleft of the buttocks, anus, vulva or genitals;
(3) Of displaying of pubic hair, anus, vulva, or genitals; or
(4) Which simulate sexual intercourse (homosexual or heterosexual), masturbation, sodomy,
bestiality, oral copulation, flagellation.
None of these definitions shall be construed to permit any act which is in violation of any county or
state law.
Adult entertainment establishment.
(1) The term "adult entertainment establishment" means any establishment or facility licensed to do
business in the city where adult entertainment is regularly sponsored, allowed, encouraged,
condoned, presented, sold, or offered to the public.
(2) The term "adult entertainment establishment" does not include traditional or mainstream theater
which means a theater, movie theater, concert hall, museum, educational institution or similar
establishment or facility which regularly features live or other performanc es or showings which
are not distinguished or characterized by an emphasis on the depiction, display, or description
or the featuring of "specified anatomical areas" or "specified sexual activities" in that the
depiction, display, description or featuring is incidental to the primary purpose of any
performance. Performances and showings are regularly featured when they comprise 90
percent of all performances or showings.
All weather surface means any surface treatment, including gravel, which is applied to and
maintained so as to prevent erosion, and to prevent vehicle wheels from making direct contact
with soil, sod or mud; and which effectively prevents the depositing of soil, sod or mud onto
streets from areas required to be so treated.
Alternative antenna support structure means clock towers, campaniles, freestanding steeples, light
structures and other alternative designed support structures that camouflage or conceal antennas as an
architectural or natural feature.
Alternative screening design means a vegetative screening as approved by the City Arborist.
Amateur radio antenna means radio communication facility that is an accessory structure to a single -
family residential dwelling operated for noncommercial purposes by a Federal Communication
Commission licensed amateur radio operator. The term "antenna" includes both the electronic system
and any structures it is affixed to for primary support.
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Chapter 64 - ZONING
ARTICLE I. IN GENERAL
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Antenna means any exterior apparatus designed for telephone, radio, or television communications
through the sending or receiving of electromagnetic waves.
Apartment means a building which contains three or more dwelling units either attached to the side,
above or below another unit. The term "apartment" also refers to a dwelling unit attached to a
nonresidential building. (See "Dwelling, multifamily.")
Appeal means a request for relief from a decision made by:
(1) The director of community development;
(2) Other department directors;
(3) The board of zoning appeals; and
(4) The city council.
Applicable wall area means the wall on which a wall sign is attached, including all walls and windows
that have the same street or pedestrian orientation. All open air spaces shall be excluded from the
applicable wall area.
Applicant means a property owner or his or her authorized representative who has petitioned the city
for approval of a zoning change, development permit, building permit, variance, special exception or
appeal, or any other authorization for the use or development of their property under the requirements of
this zoning ordinance, or a person submitting a post -development stormwater management application
and plan for approval.
Application means a petition for approval of a zoning change, development permit, building permit,
variance, special exception or appeal, or any other authorization for the use or development of a property
under the requirements of this zoning ordinance.
Art gallery means a room or building devoted to the exhibition of works of art.
Artist studio means an establishment where articles or goods are produced, assembled, processed
or manufactured on a custom or individual basis by an artist, craftsman or similar trained or skilled
operator and may include the sale of such goods, including but not limited to the operations of a painter,
potter, metalworker, custom dressmaker, photographer, jewelry maker, woodworker, cabinet maker, and
sculptor.
Assembly hall means a room or building typically accommodating the gathering of persons for
deliberation, legislation, worship or entertainment.
Attic means an unheated storage area located immediately below the roof.
Automobile and light truck sales/leasing means a facility used primarily for the retail sales and
leasing of new or used cars, and trucks.
Automotive garage means a use primarily for the repair, replacement, modification, adjustment, or
servicing of the power plant or drive -train or major components of automobiles and motorized vehicles.
(1) The term "automotive garage" does not include the repair of heavy trucks, equipment and
automobile body work.
(2) The outside storage of unlicensed and unregistered vehicle is prohibited as part of this use (see
"Automotive specialty shop and service station").
Automotive parking lots. See "Parking lot."
Automotive specialty shop.
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Chapter 64 - ZONING
ARTICLE I. IN GENERAL
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(1) The term "automotive specialty shop" means a use which provides one or more specialized
repair sales and maintenance functions such as the sale, replacement, installation or repair of
tires, mufflers, batteries, brakes and master cylinders, shock absorbers, instr uments (such as
speedometers and tachometers), radios and sound systems or upholstery for passenger cars,
vans, and light trucks only.
(2) The term "automotive specialty shop" does not include:
a. Any private or commercial activity which involves auto/tru ck leasing, painting, repair or
alteration of the auto body; or
b. Any repair, replacement, modification, adjustment, or servicing of the power plant or drive -
train or cooling system be permitted, except that minor tune -ups involving the changing of
spark plugs, points or condenser, including engine block oil changes, are permitted (see
"Repair garage (automotive, truck and heavy equipment) and service station").
Babysitting means a service in which shelter, care, and supervision are provided for four or fewer
children below the age of 12 years on an irregular basis.
Bail bondsmen means all persons who hold themselves out as signers or sureties of bail bonds for
compensation, and who are licensed as provided in article V, professional bondsmen, of the Milton City
Code.
Banner.
(1) The term "banner" means any sign of lightweight f abric or similar material that is either with or
without frame and hung or mounted to a pole, building or other background by one or more
edges.
(2) The term "banner" does not include flags.
Barn means a structure housing livestock.
Barrier free housing means structures designed to accommodate people of all ages, genders and
physical abilities which includes wheelchair and walker accessibility. The idea is to incorporate universal
design elements whenever possible – such as one zero-step entrance, main floor doorways of at least 32
inches of clear passage space, and a bathroom on the main floor in all new homes. These provisions of
universal design allow people, of various physical abilities or who become disabled, to live at home and
visit other homes.
Basement means the lower level of a building having a floor -to-ceiling height of at least 6½ feet and
a portion of its floor subgrade (below ground level) on at least one side. See also "Cellar."
Beacon means any light with one or more beams directed into the atmosphere or directed at one or
more points not on the same lot as the light source; also any light with one or more beams that rotate or
move.
Bed and breakfast inn means a residence in which the frequency and volume of visitors are
incidental to the primary use as a private residence and where guestrooms are made available for visitors
for fewer than 30 consecutive days. Breakfast is the only meal served and is included in the charge for
the room. Use is allowed in nonresidential districts and permitted in AG-1 and TR with a use permit.
Berm means a planted earthen mound.
Comment [RM1]: It was the Planning
Commission’s opinion that the implementation of
this type of modification to a structure should come
from the housing industry and demand from the
public and therefore a need for the encouragement
and a new definition is not required.
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Chapter 64 - ZONING
ARTICLE I. IN GENERAL
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Billboard means a sign which advertises services, merchandise, entertainment or information which
is not available at the property on which the sign is located.
Boardinghouse means a residential use other than a hotel or motel in which lodging may be provided
to nonhousehold members and which includes the provision of meals.
Body art or piercing establishment. See "Tattoo and body art or piercing establishment".
Brewpub means an accessory use to a permitted restaurant where distilled spirits, malt beverages or
wines are licensed to be sold and where beer or malt beverages are manufactured or brewed for
consumption on the premises and solely in draft form.
Buffer, state water, means an area along the course of any state waters to be maintained in an
undisturbed and natural condition.
Buffer, tributary, means a protection area adjoining the tributaries of the Chattahoochee River.
Tributary buffer specifications are contained in Part D of each prospective land use section of the tree
ordinance (chapter 60).
Buffer, zoning, means a natural undisturbed portion of a lot, except for approved access and utility
crossings, which is set aside to achieve a visual barrier between t he use on the lot and adjacent lots and
uses. A buffer is achieved with natural vegetation and must be replanted subject to the approval of the
director of community development or his or her designated agent when sparsely vegetated. Clearing of
undergrowth from a buffer is prohibited except when accomplished under the supervision of the director
of community development or his or her designated agent.
Buildable area means the portion of a parcel of land where a building may be located and which shall
contain enough square footage to meet the minimum required by the zoning district. The term "buildable
area" means that portion of a parcel of land which is not located in the:
(1) Minimum setbacks;
(2) Utility corridors;
(3) Driveways;
(4) Slopes to build streets;
(5) Tree save areas;
(6) Landscape strips;
(7) Specimen tree areas;
(8) State water buffers;
(9) Tributary buffers;
(10) Zoning buffers;
(11) Wetlands;
(12) Stormwater; and
(13) Sanitary sewer easements.
Building means any structure with a roof, designed or built for the support, enclosure, shelter, or
protection of persons, animals, chattels, or property of any kind.
Building code means the technical codes approved for enforcement or otherwise adopted or adopted
as amended by the city under the Georgia Uniform Codes Act, which regulate the construction of
buildings and structures.
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Building line means one which is no closer to a property line than the minimum yard (setback)
requirements.
Building permit means a written permit that allows construction issued by the building official.
Business.
(1) The term "business" means a use involving retailing, wholesaling, warehousing, outside
storage, manufacturing or the delivery of services regardless of whether payment is involved.
(2) The term "business" does not include uses which are customarily incidental (accessory) to
another use.
Canopy means a rooflike cover, excluding carports, that either projects from the wall of a building or
is freestanding.
Car wash, accessory, means a customarily incidental use of an attached or detached bay for
cleaning vehicles.
Car wash, principal, means a primary or main use which provides space for cleaning vehicles.
Catering, carryout or delivery of prepared foods means to provide prepared foods and/or service off-
site of the preparation facility whether by paid delivery or self -service collection. This does not include the
delivery of packaged foods for individual sale.
Cellar means the lower level of a building with more than one-half of its floor-to-ceiling height below
the average finished grade of the adjoining ground on all sides, or with a floor -to-ceiling height of less
than 6½ feet. See also "Basement."
Cemetery, human, means the use of property as a burial place for hu man remains. Such a property
may contain a mausoleum.
Cemetery, pet, means the use of property as a burial place for the remains of pets. Such a property
may contain a mausoleum.
Check cashing establishment means any establishment licensed by the state pursuant to O.C.G.A. §
7-1-700 et seq.
Church, temple or place of worship means a facility in which persons regularly assemble for religious
ceremonies. The term "church", "temple" or "place of worship" includes, on the same lot, accessory
structures and uses such as minister's and caretaker's residences, and others uses identified under the
provisions for administrative and use permits.
City means the City of Milton, Georgia.
Clear cutting means the removal of all vegetation from a property, whether by cutting or other means,
excluding stream buffer requirements. Clear cutting shall follow the same requirements as timber
harvesting.
Clinic means a use where medical examination and treatment is administered to persons on an
outpatient basis. No patient shall be lodged on an overnight basis.
Club means a nonprofit social, educational or recreational use normally involving:
(1) Community centers;
(2) Public swimming pools or courts;
(3) Civic clubhouses;
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(4) Lodge halls;
(5) Fraternal organizations;
(6) Country clubs; and
(7) Similar facilities.
Club, neighborhood, means any club operated for recreation and social purposes solely by the
residents of a specific neighborhood or community.
Commercial amusement/indoor means a use where recreational activity such as movie theaters,
arcades, billiards, game rooms, bowling, skating rinks, sporting activities and other recreational
amusements are conducted within a building.
Commercial amusement/outdoor means a use where recreational activity such as skating rinks,
batting cages, miniature golf, drive -in theaters, skating rinks, and other recreational activities or
amusements that are conducted outside a building.
Commercial equipment means any equipment or machinery used in a business trade or industry,
including but not limited to: earth-moving equipment, trenching or pipe-laying equipment, landscaping
equipment, mortar and concrete mixers, port able or mobile pumps, portable or mobile generators,
portable or mobile air compressors, pipes, pool cleaning equipment and supplies, and any other
equipment or machinery similar in design or function. However, equipment and machinery for business
use kept within enclosed vehicles are not included.
Commercial vehicle means any vehicle used in a business, trade, industry or motorized equipment
that has two (2) or more of the following characteristics:
(1) Exceeds a gross vehicle weight rating (GVWR) of 11,000 pounds;
(2) Is regularly used in the conduct of a business, commerce, profession, or trade;
(3) Exceeds seven feet in height from the base of the vehicle to the top;
(4) Exceeds 20 feet in length;
(5) Has more than two axles;
(6) Has more than four tires in contact with the ground;
(7) Used, designed and built to carry more than eight passengers;
(8) Designed to sell food or merchandise directly from the vehicle or trailer itself;
(9) Bears signs, logos or markings identifying the owner or registrant, a trade, business, service or
commodity.
Composting.
(1) The term "composting" means a processing operation for the treatment of vegetative matter into
humuslike material that can be recycled as a soil fertilizer amendment, such as:
a. Trees;
b. Leaves; and
c. Plant material.
(2) The term "composting" does not include:
a. Organic animal waste;
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b. Food;
c. Municipal sludge;
d. Solid waste; and
e. Other nonfarm or vegetative type wastes.
Concurrent variance. See "Variance."
Condominium means a form of ownership distinguished by the absence of individual lots or lot lines
and utilizing instead a system of ownership whereby the dwelling or other units are individually owned but
where land outside of the building walls is held in common an d maintained by a condominium association
in accordance with O.C.G.A. § 44 -3-70, known and cited as the "Georgia Condominium Act."
Construction material means building materials and rubble resulting from the construction,
remodeling, repair, and demolition operations on pavements, houses, commercial buildings and other
structures. The term "construction material" includes, but is not limited to, asbestos containing waste,
wood, bricks, metal, concrete, wall board, paper, cardboard, inert waste landfill mat erial, and other
nonputrescible wastes which have a low potential for groundwater contamination.
Convalescent center/nursing home/hospice.
(1) The term "convalescent center/nursing home/hospice" means a state -licensed use in which
domiciliary care is provided to convalescing chronically or terminally ill persons who are
provided with food, shelter and care and not meeting the test of family.
(2) The term "convalescent center/nursing home/hospice" does not include hospitals, clinics, or
similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
Convenience store.
(1) The term "convenience store" means a use offering a limited variety of groceries, household
goods, and personal care items, always in association with the dispensing of motor fuels as an
accessory use.
(2) The term "convenience store" does not include vehicle service, maintenance and repair.
Convenient location and time means suitable time and easily accessible place for applicants to meet
with interested parties to discuss rezoning and use permit petitions.
Council means the City of Milton, Georgia, mayor and city council.
Country inn means a facility, with the owner or innkeepers residing on the premises, where
guestrooms are made available for visitors for fewer than 30 consecutive days. The term "country inn" is
distinguished from the term "bed and breakfast inn" in that it serves both breakfast and lunch or dinner.
Courtyard means an open air area, other than a yard, that is bounded by the walls of a building.
(1) Used primarily for supplying pedestrian access, light, and air to the abutting buildings.
(2) Site furniture, lighting and landscaping are appropriate.
(3) Vehicular access allowed for unloading and loading only.
(4) No vehicular parking or vehicular storage is allowed.
Crematorium means a facility for the reduction of remains to ashes by incineration.
Cul-de-sac means a street having only one connection to another street, and is terminated by a
vehicular turnaround.
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Curb cut means a connection between a roadway and a property for vehicular access. Curb cut
applies to access regardless of the existence of curbing.
Cutoff means a luminaire light distribution where the emission does not exceed 2.5 percent of the
lamp lumens at an angle of 90 degrees above nadir and does not exceed ten percent at a vertical angle
of 80 degrees above nadir.
Cutoff fixture means a luminaire light distribution where the candela per 1,000 lamp lumens does not
numerically exceed 25 (2.5 percent) at or above a verti cal angle of 90 degrees above nadir, and 100 (ten
percent) at or above a vertical angle of 80 degrees above nadir. This applies to all lateral angles around
the luminaire.
Day care facility means a use in which shelter, care, and supervision as provided f or seven or more
persons on a regular basis away from their residence for less than 24 hours a day. A day care facility may
provide basic educational instruction. The term "day care facility" includes:
(1) Nursery school;
(2) Kindergarten;
(3) Early learning center;
(4) Play school;
(5) Preschool; and
(6) Group day care home.
Day care home, family. See "Family day care home."
Day-night average sound level (DNL) means the 24-hour average sound level, in decibels, obtained
from the accumulation of all events with the addition of ten decibels to sound levels in the night from
10:00 p.m. to 7:00 a.m. The weighing of nighttime events accounts for the usual increased interfering
effects of noise during the night, when ambient levels are lower and people are trying to sleep. DNL is a
weighted average measured in decibels (db).
Deck means a structure abutting a dwelling with no roof or walls except for visual partitions and
railings not to exceed 42 inches above finished floor which is constructed on piers or a foundation above
grade for use as an outdoor living area.
Delicatessen means a store where ready to eat food products, typically meats and salads, are sold.
Department means the department of community development.
Department director or director means the community development director.
Design professional of record means the licensed professional whose seal appears on plats or plans
subject to these regulations.
Detention facility means a detention basin or structure designed for the detention of stormwater
runoff and gradual release of stored water at controlled rates.
Development clearing permit means a permit that allows for the removal of trees for the purpose of
land clearing, timber harvesting, tree farming and agricultural clearing.
Development, duplex, means a development of duplexes.
Development, multifamily means a development of multifamily dwelling units on a single lot of record.
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Development of regional impact (DRI) study means a review by the Atlanta Regional Commission
and the Georgia Regional Transportation Authority of large-scale projects that are of sufficient size that
they are likely to create impacts beyond the jurisdiction in which each project will be located.
Development permit standards means requirements established for each administrative and use
permit such as setbacks, access, landscape and buffer areas, hours of operation, etc.
Development, single-family, means a development of single-family dwelling units, with each dwelling
unit including accessory structures, on a separate lot of record.
Development standards means dimensional measurements as specified in zoning districts relating to
such standards as yard setbacks, lot area, lot frontage, lot width, height and floor area.
Development, townhouse, means a development of townhouse dwelling units.
Distribution line means a pipeline other than a gathering or transmission line.
District, nonresidential, means a term used to identify all districts except single -family dwelling
districts, all apartment districts, R-6, TR, MHP and residential portions of a CUP, includes AG -1.
District, residential, means a term which applies to all single-family dwelling districts, all apartment
districts, R-6, TR, MHP and residential portions of a CUP, excludes AG-1.
Drainage facility means a facility which provides for the collection, removal and detention of surface
water or groundwater from land by drains, watercourse or other means.
Drive-in/up restaurant means a restaurant designed for customers to park and place and receive
food orders while remaining in their motor vehicles.
Drive through means a feature of an establishment which encourages or permits customers to
receive services or obtain goods while remaining in or on a motor vehicle.
Drive-in theater means an establishment laid out such that patrons may enter and park to view a
motion picture while remaining in their vehicle.
Driveway means a vehicular access way.
Dwelling means any building or portion thereof which is designed for or used for resid ential purposes
for periods of more than 30 consecutive days.
Dwelling, duplex, means a structure that contains two dwelling units.
Dwelling, multifamily.
(1) The term "multifamily dwelling" means a structure containing three or more dwelling units.
(2) The term "multifamily dwelling" does not include:
a. Townhouses;
b. Triplexes; or
c. Quadruplexes.
Dwelling, quadruplex, means four attached dwellings in one building in which each unit shares one
or two walls with an adjoining unit.
Dwelling, triplex, means a building containing three dwelling units, each of which has direct access to
the outside or to a common hall.
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Dwelling unit means one or more rooms constructed with cooking, sleeping and sanitary facilities
designed for and limited to use as living quarters for one family.
Dwelling unit, single-family, means one dwelling unit that is not attached to any other dwelling unit by
any means.
Dwelling unit, rowhouse. See "Dwelling unit, townhouse."
Dwelling unit, townhouse, means a single-family dwelling that shares a party wall with another of the
same type and occupies the full frontage line. The term dwelling unit, townhouse and dwelling unit,
rowhouse are synonymous.
Engineer means a registered, practicing engineer, licensed by the state.
Environmentally adverse means any use or activity which poses a potential or immediate threat to
the environment and is physically harmful or destructive to living beings as described in the Executive
Order 12898 regarding environmental justice.
Environmentally stressed community means a community exposed to a minimum of two
environmentally adverse conditions resulting from:
(1) Public and private municipal uses:
a. Solid waste and wastewater treatment facilities;
b. Utilities;
c. Airports; and
d. Railroads; and
(2) Industrial uses:
a. Landfills;
b. Quarries; and
c. Manufacturing facilities.
Escort and dating services means any business that arranges a meeting between an escort and a
client for entertainment or companionship for a fee.
Exotic animal means any animal that is not normally domesticated in the United States or is wild by
nature. Exotic animals include, but are not limited to, any of the following orders and families, whether
bred in the wild or captivity, and also any of their hybrids wi th domestic species. The animals listed in
parentheses are intended to act as examples and are not to be construed as an exhaustive list or limit the
generality of each group of animals, unless otherwise specified:
(1) Nonhuman primates and prosimians (monkeys, chimpanzees, baboons).
(2) Felidae (lions, tigers, bobcats, lynx, cougars, leopards, jaguars).
(3) Canidae (wolves, coyotes, foxes, jackals).
(4) Ursidae (all bears).
(5) Reptilia (all venomous snakes, all constricting snakes).
(6) Crocodilia (alligators, crocodiles).
(7) Proboscidae (elephants).
(8) Hyanenidae (hyenas).
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(9) Artiodatyla (hippopotamuses, giraffes, camels, not cattle or swine or sheep or goats).
(10) Procyonidae (raccoons, coatis).
(11) Marsupialia (kangaroos, oppossums).
(12) Perissodactylea (rhinoceroses, tapirs, not horses or donkeys or mules).
(13) Edentara (anteaters, sloths, armadillos).
(14) Viverridae (mongooses, civets, and genets).
Exterior street means a street, either public or private that is not located within a subdivisio n or final
plat.
Family.
(1) The term "family" means one or more persons related by blood, marriage, adoption,
guardianship or other duly authorized custodial relationship, or up to four unrelated persons,
occupying a dwelling unit and living as a single housekeeping unit.
(2) The term "family" does not include persons occupying a roominghouse, boardinghouse,
lodginghouse, or a hotel.
Family day care home means a home occupation in which shelter, care, and supervision are
provided for six or fewer persons on a regular basis. A family day care home may provide basic
educational instruction.
Farm means:
(1) A parcel of land which is used for the raising of animals (including fish) on a commercial basis,
such as:
a. Ranching;
b. Dairy farming;
c. Piggeries;
d. Poultry farming; and
e. Fish farming.
(2) A facility for the business of boarding or renting horses to the public; or
(3) A site used for the raising or harvesting of agricultural crops such as wheat, field forage and
other plant crops intended for food or fiber.
Fast food restaurant. See "Restaurant, fast food."
Fence means an enclosure or barrier, composed of wood, masonry, stone, wire, iron, or other
materials or combination of materials used as a boundary, means of protection, privacy screening, or
confinement, including brick or concrete walls but not including hedges, shrubs, trees, or other natural
growth.
Fence, Equestrian means fences made from treated and/or painted wooden boards nailed or
screwed to posts, split rails with rounded ends that slide into holes in posts, composite board and
minimum 4”x4” for posts. The height shall be a minimum of 60 inches from average grade and may
include a 3 or 4 board configuration with a parallel or cross design. Colors shall be black, dark brown, or
white. Columns constructed of brick or masonry is also acceptable and shall not exceed 66 inches in
height from average grade. Comment [RM2]: Created new definition for
equestrian fence to better define what is considered
equestrian fencing.
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Financial establishment means an establishment for the custody, loan, exchange, or issue of money,
for the extensions of credit, and for facilitating the transmission of funds.
Flag lot means a lot where frontage to a public street is provided via a narrow strip of land forming a
pole or stem to the buildable portion of the lot.
Flea market and second hand surplus retailers means an establishment selling secondhand articles,
antiques, curios and cut-rate merchandise, typically outdoors and in individ ually rented stalls.
Flood lamp means a form of lighting designed to direct its output in a specific direction with a
reflector formed from the glass envelope of the lamp itself. Such lamps are so designated by the
manufacturers and are typically used in residential outdoor area lighting.
Floodlight means a form of lighting designed to direct its output in a diffuse, more or less specific
direction, with reflecting or refracting elements located external to the lamp.
Floodplain management terms. The following definitions apply to sections of the zoning ordinance on
floodplain management:
(1) As-built drawings means plans which show the actual locations, elevations, and dimensions of
the improvements as certified by a professional engineer or a licensed s urveyor in the state.
(2) Base flood means the flood having a one -percent chance of being equaled or exceeded in any
given year the 100-year flood.
(3) Base flood elevation (BFE) means the highest water surface elevation anticipated at any given
point during the base flood.
(4) Development means any manmade change to improved or unimproved real estate including,
but not limited to, buildings or other structures, such as mining, dredging, filling, grading, paving,
excavation or drilling operations.
(5) Federal Emergency Management Agency (FEMA) means the federal agency which administers
the National Flood Insurance Program. This agency prepares, revises and distributes the maps
and studies adopted under sections 64-258 through 64-315
(6) Flood or flooding means a general and temporary condition of partial or complete inundation o f
normally dry land areas from the overflow of inland waters or the unusual and rapid
accumulation of runoff of surface waters from any source.
(7) Flood elevation study means an examination, evaluation, and determination of flood hazards
and, if appropriate, corresponding water surface elevations.
(8) Flood boundary and floodway map means an official map of Fulton County on which FEMA has
delineated the various flood boundaries, the floodway fringe, and the floodways.
(9) Flood fringe means that area contained by the flood boundaries exclusive of the regulatory
floodway.
(10) Flood insurance rate map (FIRM) means the official map of Fulton County on which FEMA has
delineated the risk premium zones.
(11) Flood insurance study (FIS) means a compilation of flood-related data obtained from the flood
studies for the unincorporated areas of Fulton County, Georgia, prepared by FEMA.
(12) Floodplain means lands subject to flooding, which have a one percent probability of flooding
occurrence in any calendar year; the 100-year floodplain is shown on the Flood Boundary and
Floodway Map. The term "floodplain" is also referred to as area of moderate flood hazard.
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(13) Floodprone area means areas shown on the flood insurance rate map as "Zone B" (zone where
the contributing drainage area is less than one square mile) and which are determined by the
public works department to be a hazard to adjacent properties or development in the event of
the base flood.
(14) Floodproofing means any combination of structural and nonstructural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved
real property, water and sanitary facilities, structures and their contents.
(15) Floodway. See "Regulatory floodway."
(16) Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of
floodplain management.
(17) Functionally dependent use means a use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water.
(18) Intermediate regional flood (IRF) elevation. See "Base flood elevation."
(19) Lowest floor means the lowest minimum floor including basement and attached garage.
(20) Map means the flood boundary and floodway map or the flood insurance rate map.
(21) Mean sea level means, for purposes of floodplain management, the National Geodetic Vertical
Datum (NGVD) of 1929.
(22) Mobile home. See "Mobile home."
(23) Mobile home park/mobile home subdivisi on means a parcel (or contiguous parcels) of land
divided into two or more mobile home lots for rent or sale for which the construction of facilities
for servicing the lot on which the mobile home is to be affixed (including at a minimum the
installation of utilities, either final site grading or the pouring of concrete pads and construction
of streets) was completed on or after April 5, 1972.
(24) NGVD means the National Geodetic Vertical Datum.
(25) New structure means any proposed structure which does (did) not have a valid building permit
prior to the effective date of this (amendment) ordinance.
Note—This resolution was adopted on March 11, 1955. Records suggest that floodplain
management provisions were first adopted on April 5, 1972.
(26) Regulatory floodway means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively increasing
the water surface elevation more t han a designated height.
(27) Riverine means relating to, formed by, or resembling a river (including tributaries), stream, or
brook.
(28) Special flood hazard area means those lands subject to periodic flooding and shown on the
flood insurance rate map as a numbered or unnumbered "A" zone.
(29) Start of construction means the first placement of permanent construction of a structure,
excluding a mobile home, on a site, such as the pouring of slabs or footing or any work beyond
excavation.
a. The term "start of construction" includes for any structure, except a mobile home, which
has no basement or poured footings, the first permanent framing or assembly of the
structure or any part thereof on its park or mobile home subdivision. For a mobile home,
the term "start" means the date on which the mobile home is to be affixed (including, at a
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minimum, the construction of streets, either final site grading or the pouring of pads, and
installation of utilities) is completed.
b. The term "permanent construction" does not include:
1. Land preparation, such as clearing, grading, and filling;
2. The installation of streets and walkways;
3. Excavation for a basement, footings, piers or foundations, and the erection of
temporary forms; or
4. The installation of accessory buildings, such as garages and sheds, apart from the
main structure.
(30) State coordinating agency means the floodplain management coordinator of the state
department of natural resources.
(31) Structure means all walled and roofed buildings, storage tanks and other structural
improvements located principally above ground.
(32) Water surface elevation means the relationship between the projected heights and the NGVD
reached by floods of various magnitudes and frequencies in the floodplains.
Floor area, gross, means the sum of all floors of a structure as measured to the outside surfaces of
exterior walls or the center of connected or common walls.
(1) The term "gross floor area" includes:
a. Common public areas, such as lobbies, restrooms and hall ways; and
b. Spaces devoted exclusively to permanent mechanical systems, permanent storage areas,
stairwells and elevator shafts.
(2) The term "gross floor area" does not include:
a. Internal parking and loading areas;
b. Attics;
c. Porches;
d. Balconies; and
e. Other areas outside of the exterior walls of the building.
(3) Gross floor area is used to determine the building sizes for all but single -family dwellings and to
determine required parking when floor area is the designated measure for a use. The t erm
"gross floor area" is commonly referred to as floor area.
Floor area, ground, means the heated floor area of the first story of a building above a basement or,
if no basement, the lowest story.
Floor area, heated.
(1) The term "heated floor area" means the sum of all heated area of a dwelling or dwelling unit, as
appropriate, measured to the inside surfaces of exterior walls.
(2) The term "heated floor area" does not include:
a. Porches;
b. Balconies;
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c. Attics;
d. Basements (finished or unfinished);
e. Garages;
f. Patios; and
g. Decks.
Floor area, net.
(1) The term "net floor area" means the sum of all floors of a structure as measured to the outside
surfaces of exterior walls.
(2) The term "net floor area" does not include:
a. Halls;
b. Stairways;
c. Elevator shafts;
d. Attached and detached garages;
e. Porches;
f. Balconies;
g. Attics with less than seven feet of headroom;
h. Basements;
i. Patios; and
j. Decks.
Floor area, net leasable, means the gross floor area less the common public areas.
Footcandle means a unit of measure for illuminance on a surface that is everywhere one foot from a
point source of light of one candle, and equal to one lumen per square foot of area.
Fortune telling establishment means all persons, firms or corporations engaging in the business,
trade or profession of fortune-telling, astrology, phrenology, palmistry, clairvoyance, or related practices
for a charge or by donation.
Fuel oil means a liquid petroleum product that is burned in a furnace for the generation of heat or
used in an engine for the generation of power. The term "fuel oil" includes oil that may be:
(1) A distilled fraction of petroleum;
(2) A residuum from refinery operations;
(3) A crude petroleum; or
(4) A blend of two or more of the oils in subsections (1) through (3) of this definition.
Full cutoff means a luminaire light distribution where zero candela intensity occurs at or above an
angle of 90 degrees above nadir. Additionally, the candela per 1,000 lamp lumens does not numerically
exceed 100 (ten percent) at or above a vertical angle of 80 degrees above nadir. This applies to all lateral
angles around the luminaire.
Full cutoff fixture means an outdoor light fixture shielded or constructed in such a manner that it
emits no light above the horizontal plane of the fixture.
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Funeral home means an establishment with facilities for the preparation of the dead for burial or
cremation, for the viewing of the body, and for funerals.
Garage, automobile repair. See "Repair garage, automobile."
Garden center means a business whose primary operation is the sale of seeds and organic and
inorganic materials, which include, but are not limited to, trees, shrubs, flowers, and other plants for sale
or transplanting, mulch, pine straw, and other organic products for landscaping purposes, and other
limited retail accessory products for gardening and landscaping.
Gasoline station means a commercial retail establishment for the dispensing and distribution of
automotive fuels with or without a retail convenience store.
Gathering line means a pipeline that transports fuel oil/liquid petroleum product from a current
production facility to a transmission line or main.
Glare means the sensation produced within the visual field by luminance that is sufficiently greater
than the luminance to which the eyes are adapted, causing annoyance, discomfort, or loss in visual
performance and visibility.
Golf course means a use of land for playing the game of golf.
(1) The term "golf course" includes a country club and a driving range as an accessory use.
(2) The term "golf course" does not include miniature golf.
Governmental facility means a building or institution provided by the government to care for a
specified need, such as a courthouse or county jail.
Grade means the average elevation of the finished surface of the ground adjacent to all sides of any
structure.
Gravel road means an unpaved road surfaced with gravel material that is constructed and
maintained to function as an all-weather surface for vehicular and pedestrian travel.
Green space means permanently protected land and water, including agricultural and forestry land
that is in its undeveloped, natural state or that has been developed only to the extent consistent with, or is
restored to be consistent with, one or more of the following goals:
(1) Water quality protection for rivers, streams, and lakes;
(2) Flood protection;
(3) Wetlands protection;
(4) Reduction of erosion through protection of steep slopes, areas with erodible soils, and stream
banks;
(5) Protection of riparian buffers and other areas that serve as natural habitat and corridors for
native plant and animal species;
(6) Scenic protection;
(7) Protection of archaeological and historic resources;
(8) Provision of recreation in the form of boat ing, hiking, camping, fishing, hunting, running, jogging,
biking, walking, and similar outdoor activities; and
(9) Connection of existing or planned areas contributing to the goals set out in this definition.
Group residence for children means a dwelling unit or facility in which fulltime residential care is
provided for children under the age of 17 years as a single housekeeping unit. A group residence must
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comply with applicable federal, state and local licensing requirements. A group residence may not serve
the purpose of, or as an alternative to, incarceration.
Group residence/shelter.
(1) The term "group residence/shelter" means a state -licensed 24-hour residential facility
functioning as a single housekeeping unit for the sheltered care of persons with special needs
which, in addition to providing food and shelter, may also provide some combination of personal
care, social or counseling services and transportation. Bedroom suites shall not include kitchen
facilities.
(2) The term "group residence/shelter" does not include those facilities which exclusively care for
children under the age of 17 years.
Guesthouse means a detached accessory dwelling unit located on the same lot with a single -family
dwelling unit. A guesthouse may be only used by relat ives, guests or employees that work on the property
without payment for rent.
Gymnasium means a room or building used for various indoor sports and physical fitness usually
equipped with spectator accommodations, locker and shower rooms, classrooms, and/o r swimming pools.
Hardship means the existence of extraordinary and exceptional conditions pertaining to the size,
shape, or topography of a particular property, because of which the property cannot be developed in strict
conformity with the provisions of this zoning ordinance.
Health club/spa means a commercial establishment whose members pay a fee to use its health and
fitness facilities and equipment. This definition does not include residential or subdivision amenities areas.
Height means the vertical distance measured from the finished grade along all walls of a structure to
the highest point of the coping or parapet of a flat roof or to the average height between eaves and ridge
for gable, hip and gambrel roofs.
Historic period lighting means commercial lighting with an architectural design from the late 19th and
early 20th centuries.
Home occupation means an accessory use of a dwelling unit for business, operated by members of
the resident family only (see section 64-213).
Home schooling means the practice of teaching one's own children at home in accordance with
O.C.G.A. §§ 20-2-690 and 20-2-690.1.
Hoop stress means a causation of internal and external pressure loading on the pipe.
Hospital means the provision of inpatient health care for people, including:
(1) General medical and surgical services;
(2) Psychiatric care and specialty medical facilities; and
(3) Outpatient facilities.
Hotel, apartment, means a use which provides individual units which include cooking facilities, and
which are used for temporary lodging to persons not related to the owner for fewer than 30 days.
Hotel/motel means a building in which lodging and boarding is provided for fewer than 30 days. The
term "hotel/motel" includes a restaurant in conjunction therewith. The term "hotel/motel" also means a
tourist court, motor lodge and inn.
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IESNA means the Illuminating Engineering Society of North America, a nonprofit professional
organization of lighting specialists that has established recommended design standards for various
lighting applications.
Illuminance means the quantity of light arriving at a surface divided by the area of the illuminated
surface, measured in footcandles.
(1) Horizontal illuminance applies to a horizontal surface.
(2) Vertical illuminance applies to a vertical surface.
(3) The term "average illuminance" means the level of illuminance over an entire illuminated target
area.
(4) The term "maximum illuminance" means the highest level of illuminance on any point within the
entire area.
(5) The term "minimum illuminance" means the lowest level of illuminance on any point within the
entire area.
Illuminance levels.
(1) The term "illuminance levels" means illuminance levels and footcandles noted in this zoning
ordinance.
(2) The term "illuminance levels" also means the illuminance levels occurring just prior to lamp
replacement and luminaire cleaning.
(3) The average illuminance level applies to an entire illuminated target area.
(4) Minimum and maximum illuminance levels apply to small areas within the entire illuminated
target area. Unless otherwise noted, illuminance levels refer to horizontal illuminance levels.
Illumination.
(1) The term "direct illumination" means illumination which is projected from within a sign, building,
etc.
(2) The term "indirect illumination" is illumination which is projected onto a sign , building, etc.
Impervious cover means any manmade paved, hardened or structural surface regardless of
material. Impervious cover includes, but is not limited to:
(1) Rooftops;
(2) Buildings;
(3) Streets;
(4) Roads;
(5) Decks;
(6) Swimming pools; and
(7) Any concrete or asphalt.
Improvement setback means an area adjacent to a zoning buffer in which no improvements and
structures shall be constructed. No development activity such as tree removal, stump removal or grinding,
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land disturbance or grading is permitted without the approval of the director of community development
department.
Industrialized building means a building manufactured in accordance with the Georgia Industrialized
Building Act (O.C.G.A. §§ 8-2-110—8-2-112) and the Rules of the Commissioner of the Georgia
Department of Community Affairs issued pursuant thereto. State approved buildings meet the state
building and construction codes and bear an insignia of approval issued by the commissioner.
Institutional uses include:
(1) Schools;
(2) Colleges;
(3) Vocational schools;
(4) Hospitals;
(5) Places of worship;
(6) Asylums;
(7) Museums; and
(8) Other similar uses or facilities.
Junk facility. See "Salvage/storage/junk facility."
Kennel means a use for the shelter of domestic animals where the shelter of these animals involves
an exchange of revenue in which a business license is required. If the kennel is a nonbusiness operation,
its use may be certified by the Fulton County Animal Control Office.
Lamp means the component of an outdoor luminaire that produces light.
Land disturbance permit means a permit issued by the community development department that
authorizes the commencement of alteration or development of a given tract of land or the commencement
of any land disturbing activity.
Land disturbing activity means any alteration of land which may result in soil erosion from water or
wind and the movement of sediment into water or onto lands including, but not limited to:
(1) Clearing;
(2) Dredging;
(3) Grading;
(4) Excavating;
(5) Transporting; and
(6) Filling.
Landfill, inert waste disposal means a disposal facility, accepting only waste that will not or is not
likely to cause production of leachate of environmental concern by placing an earth cover thereon.
(1) The term "inert waste" means:
a. Earth and earthlike products;
b. Concrete;
c. Cured asphalt;
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d. Rocks;
e. Bricks;
f. Yard trash;
g. Stumps;
h. Limbs; and
i. Leaves.
(2) The term "inert waste" does not include other types of industrial and demolition waste not
specifically listed in subsection (1) of this definition. Refer to the rul es concerning solid waste
management of the Georgia Department of Natural Resources, Environmental Protection
Division, as amended, for further definition.
Landfill, solid waste disposal, means a disposal facility accepting solid waste excluding hazardous
waste disposed of by placing an earth cover thereon. The term "solid waste" includes waste from
domestic, agricultural, commercial and industrial sources. Refer to the rules concerning solid waste
management of the Georgia Department of Natural Resources, Environmental Protection Division, as
amended, for further definition.
Landscape architect means a registered, practicing landscape architect licensed by the state.
Landscape strip means an area required by this zoning ordinance or by conditions of zoni ng which is
reserved for the installation and maintenance of plant materials.
Landscape business means a business providing the services described herein at off -site locations.
While most of the actual landscape activity occurs off -site, the business owner's property may be
approved for equipment storage, parking, material storage and a building or buildings for storage and
plant propagation. Landscape businesses typically include outdoor activities such as: lawn installation;
mowing and maintenance; fertilization and/or insecticide treatment; the planting and maintenance of
trees, shrubs and flowers; tree and stump removal; the spreading and grading of top soil, mulch or other
ground covers; the installation of stone, brick and block walkways and retaining walls; and the temporary
storage of plant trimmings.
Large-scale retail/service commercial development means a retail/service commercial development
with at least one large-scale retail structure but no more than four such structures whether freestanding or
combined.
Large-scale retail/service commercial structure means an individual retail/service commercial
structure that is 75,000 square feet or greater. This size threshold refers to an individual establishment
and its associated outdoor areas used fo r display and storage.
Laundromat means any commercial laundry where coin-operated or other self-service washing
machines are available to individual customers.
Laundry and dry cleaning plant distribution center means an establishment performing the dry
cleaning and laundering processes on site with or without walk -in facilities and typically sending
laundered products out to separate pick up sites.
Laundry and dry cleaning shop means a commercial establishment whose business is the cleansing
of fabrics with non-aqueous organic solvents and may include laundering off -site.
Lawful use means any use of lots or structure which is not in violation of any existing federal, state or
local law, statute, regulation or o rdinance.
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Lawn service business means a commercial establishment providing lawn care, maintenance and
propagation for a fee. These services are provided at off -site locations.
Library means a place set apart to contain books and other literary material f or reading, study, or
reference, for use by members of a society or the general public.
Light, direct, means light emitted directly from the lamp, off of the reflector or reflector diffuser, or
through the refractor or diffuser lens, of luminaire.
Light, fully shielded, means outdoor light fixtures shielded or constructed so that no light rays are
emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test
report.
Light, indirect, means direct light that has been reflected or has scattered off of other surfaces.
Loading space means an area within the main building or on the same lot, which provides for the
loading, or unloading of goods and equipment from delivery vehicles.
Lodge and/or retreat/campground means a facility allowed with a use permit which provides space,
food and/or lodging facilities for social, educational or recreational purposes.
Lot means the basic lawful unit of land, identifiable by a single deed. A group of two or more
contiguous lots owned by the same entity and used for a single use shall be considered a single lot. The
terms "lot," "tract" and "parcel" are synonymous.
Lot, corner, means a multiple frontage lot adjoining two streets at their intersection.
Lot coverage means the percentage of impervious surfaces located on a lot in comparison to the
total lot area, calculated by dividing impervious surface area by total lot area. For purposes of calculating
lot coverage, impervious surfaces shall include the following:
(1) the footprint of the main building regardless of size;
(2) the total footprints of any accessory buildings larger than one hundred fifty (150) square feet;
(3) swimming pools, hot tubs, and associated decks and;
(4) parking pads and driveways.
For purposes of calculating lot coverage, total lot area shall be the area of the lot reduced by any of
the area of any of the following that are located within the boundaries of the lot:
(1) golf courses,
(2) bodies of water, and
(3) streets.
Lot frontage means the shortest property line adjoining a street or, for lots requiring no street
frontage, oriented toward a street. A property line adjoining a stub street shall not be considered as
frontage unless it is proposed for access or is the only street fro ntage. Front yard requirements shall be
measured from this property line. In situations where a multiple frontage lot has equal distance on street
frontages, the director of community development shall determine the legal lot frontage.
Lot line, front, means a lot line which extends the entire length of an abutting street from intersecting
property line to intersecting property line. The front lot line of a corner lot abuts the street which adjoins
the lot for the shortest distance.
Lot line/property line means a line established through recordation of an approved plat, or a deed in
the absence of a platting requirement, which separates a lot from other lots, or a lot from rights -of-way.
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Lot line, rear, means, generally, the lot line opposite and most dis tant from the front lot line. For a
pointed or irregular lot, the rear lot line shall be an imaginary line, parallel to and the most distant from the
front lot line, not less than 20 feet long, and wholly within the lot. True triangular lots do not have re ar lot
lines. Lots with more than one front lot line do not have rear lot lines. The director of the community
development department or his or her designee shall make the final determination of rear lot lines when in
dispute or undefined by this definition.
Lot line, side, means a lot line which is not a rear or front lot line.
Lot, multiple frontage, means lots adjoining more than one street.
Lot, nonconforming. See "Nonconforming lot, use or structure."
Lot-of-record means a lot, whether lawful or unlawful, which appears on a deed and plat recorded in
the official records of the clerk of superior court.
Lot, unlawful, means any lot-of-record which, at the time of recordation in the official records of the
clerk of superior court, was not in complianc e with zoning and subdivision laws in effect at that time.
Lot width, minimum, means the least dimension required along the building line specified for each
district, parallel to the lot frontage and measured between side lot lines.
Luminaire means a complete lighting system and includes a lamp and a fixture.
Luminaire height means the vertical distance from the ground directly below the centerline of the
luminaire to the lowest direct-light-emitting part of the luminaire.
Maintenance, normal, means the upkeep of a sign for the purpose of maintaining safety and
appearance which may include:
(1) Painting;
(2) Bulb replacement;
(3) Panel replacement;
(4) Letter replacement; and
(5) Repair of electrical components and structural reinforcements to its original condition.
Manufactured home.
(1) The term "manufactured home" means a structure, transportable in one or more sections,
which, in the traveling mode, is eight-body feet or more in width or 40-body feet or more in
length or, when erected on site, is 320 or more square feet and which is built on a permanent
chassis and designed to be used as a dwelling with or without a permanent foundation when
connected to the required utilities and includes the plumbing, heating, air conditioning, and
electrical systems contained therein.
(2) The term "manufactured home" includes any structure which meets all the requirements of this
definition except the size requirements and with respect to which the manufacturer voluntarily
files a certification required by the secretary of housing and urban development and complies
with the standards established under the National Manufactured Housing Construction and
Safety Standards Act of 1974, 42 USC 5401 et seq.
Manufactured home installation means the construction of a foundation system and the placement or
erection of a manufactured home or a mobile home on the foundation system. The term "manufactured
home installation" includes, without limitation, supporting, blocking, leveling, securing, or anchoring such
home and connecting multiple or expandable sections of such home.
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Marquee means any permanent rooflike structure projecting beyond a building or extending along
and projecting beyond the wall of the building used for advertising or identification.
Massage parlor means any building, structure, or place, other than a regularly licensed and
established hospital or dispensary, whose principal business is to practice nonmedical or nonsurgical
manipulative exercises or devices upon the human body manually or othe rwise by any person other than
a licensed physician, surgeon, dentist, occupational or physical therapist, chiropractor or osteopath with
or without the use of therapeutic, electrical, mechanical or bathing devices.
Massing means varying the massing of a building and includes varying the surface planes of the
building:
(1) With porches, balconies, bay windows, and overhangs;
(2) By stepping-back the buildings from the second floor and above; or
(3) By breaking up the roofline with different elements to cr eate smaller compositions.
Medical related lodging means a use which provides temporary lodging for family members of a
hospitalized patient.
Millinery means an establishment for the crafting, production and, or sale of headwear.
Mineral extraction means severance and removal of sand, stone, gravel, top soil, and other mineral
resources whenever such severance and removal is not conducted in conjunction with a permitted
development activity.
Mini-warehouse means a structure or group of structures containing separate spaces/stalls which
are leased or rented on an individual basis for the storage of goods.
Minor variance. See "Variance."
Mobile home means a structure, transportable in one or more sections, which, in the traveling mode,
is eight-body feet or more in width or 40-body feet or more in length or, when erected on site, is 320 or
more square feet and which is built on a permanent chassis and designed to be used as a dwelling with
or without a permanent foundation when connected to the required ut ilities and includes the plumbing,
heating, air conditioning, and electrical systems contained therein; and manufactured prior to June 15,
1976, or otherwise does not comply with the standards established under the National Manufactured
Housing Construction and Safety Standards Act of 1974, 42 USC 5401 et seq.
Mobile home park.
(1) The term "mobile home park" means use of property for two or more mobile homes for living
purposes, and spaces or lots set aside and offered for use for mobile homes.
(2) The term "mobile home park" does not include mobile home sales lot.
Model home means a dwelling unit used for conducting business related to the sale of a
development.
Modification means an application requesting change to an approved condition of zoning or use
permit, except for conditions that pertain to a change in use, increase in density, and increase in height.
Modular building. See "Industrialized building."
Modular home means a dwelling manufactured in accordance with the Georgia Industrialized
Building Act. See "Industrialized building."
Mortuary. See "Funeral Home."
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Mausoleum means a building where bodies are interred above ground in stacked vaults.
Motel. See "Hotel/motel."
Multi-tenant means two or more businesses that provide goods and services within separate
structures located on the same site or within the same structure that provides wall separation and private
access for each business.
Museum means an institution devoted to the exhibition, procurement, care, study and display of
objects of lasting interest or value.
NADIR means the point directly below the luminaire defined as zero degrees vertical angle.
Nonconforming (grandfathered) lot, use or structure means a use, lot or structure that was
nonconforming at the time of the adoption of the Fulton County Zoning Resolution on March 11, 1955, or
subsequent amendments thereto, or created by deed between March 11, 1955 and September 21, 1967,
(adoption of the subdivision regulations), and does not now meet the minimum requirements of the district
in which it is located. Also, a use, lot or structure which has been made nonconforming by some county or
state action. Any change or addition to a use , lot or structure must comply with current provisions of this
zoning ordinance.
Nonstructural stormwater management practice or nonstructural practice means any natural or
planted vegetation or other nonstructural component of the stormwater management p lan that provides
for or enhances stormwater quantity and quality control or other stormwater management benefits
including, but is not limited to:
(1) Riparian buffers;
(2) Open and greenspace areas;
(3) Overland flow filtration areas;
(4) Natural depressions; and
(5) Vegetated channels.
Nursing home.
(1) The term "nursing home" means a use in which domiciliary care is provided to three or more
chronically ill nonfamily members who are provided with food, shelter and care.
(2) The term "nursing home" does not include:
a. Hospitals;
b. Clinics; or
c. Similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
(3) A convalescent center, nursing home and personal care home are further distinguished in
administrative and use permit provisions.
Off-premises means a location outside of the subject lot for a designated use.
Off-site premises means the location of a structure or use outside the lot -of-record of the subject
development, including the adjoining street or other right-of-way.
On-premises means the individual lot-of-record on which the use is located.
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On-site premises means the location of a structure or use within the confines of a property
delineated by property lines or, if referenced in a zoning or use permit case, within the confines of the
boundaries of the legal description filed with the petition.
Office, temporary, means a mobile, manufactured or other structure which is used as an office for
real estate sales, on-site construction management and related functions. Requires an administrative
permit under temporary structures.
Office, permanent, means a room or building wherein a professional person conducts business,
typically performing a service for another.
Open space means a portion of a site which is permanently set aside for public or private use and
will not be developed. The space may be used for pass ive or active recreation or may be reserved to
protect or buffer natural areas.
(1) The term "open space" includes wooded areas other than required landscape strips and buffers,
pathways/walkways, fields, and sensitive environmental areas such as wetlands , etc.
(2) The term "open space" does not include detention facilities and platted residential lots.
Ordinance means this City of Milton Zoning Ordinance.
Outparcel (spin-site) means a portion of a larger parcel of land generally designed as a site for a
separate structure and business from the larger tract. An outparcel may or may not be a subdivision of a
larger parcel. To be recognized as an outparcel, the portion must be ide ntified on a site plan approved for
the larger parcel.
Package sales store means an establishment retailing beer, malt, wine, or distilled spirits in the
original consumer container, typically sold directly to the final consumer and not for resale. See section 4-
1 of the Milton City Code.
Parcel. See "Lot."
Parking lot means an off-street area which is used for the temporary pa rking of vehicle whether paid
or unpaid. Typically, lots are surfaced and improved and may include a parking garage as a multi -story
facility.
Parking garage/deck. See "Parking lot."
Parking space means an area designated for the parking of one vehicle o n 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" me ans 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;
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d. Hospices;
e. Clinics; or
f. 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 approv ed 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.
Plat, preliminary, means a drawing which shows the proposed layout of a subdivision in sufficient
detail to clearly indicate its feasibility, but is not in final form for recordation pursuant to the subdivision
regulations (chapter 50).
Plumbing shop associated with retail sales means a commercial establishment used primarily for the
sale of plumbing and lighting equipment, a nd 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.
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(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) Use permit or variance approval; and
(4) The tree preservation ordinance (article III of this zoning ordinance).
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
(4) Field hockey.
Recreational court, private.
(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 dwel ling 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;
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(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 8½ 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 nonresidentially zoned property, except AG -1 zoned
properties unless the primary use is a permitted nonreside ntial 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.
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 struct ure (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.
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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 r ight
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 both indoor
and/or outdoor sites utilized on a regular or seasonal basis for public and private gatherings. Types of
uses may include but are not limited to weddings, corporate events, retreats, community events, private
parties and family gatherings/reunions. Events do not include private parties hosted at a private hom e not
renting their property to a third party specifically for the use of the reception/event site. 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.
Salvage/storage/junk 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, applian ces, 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.
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 de voted 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
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private organization or local county, or state that pro vides 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 combin ation 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 outsid e.
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 t 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.
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 accord ance 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.
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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 b ut 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.
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:
(1) Conserving and protecting natural areas and greenspace;
(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,
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habitat degradation and wate r 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 ass ume 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 t raffic 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 withou t curb and gutter provided such stub -out street
meets the standards of the fire department.
(4) Driveway means a vehicular access way in private ownership, other than a private street, which
provides access primarily to only one property or project, or to no more than three single-family
detached residences.
(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).
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 d irectional
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.
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(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.
Structure.
(1) The term "structure" means anything built or constructed which occupies a location on, or is
attached to, the ground.
(2) The term "structure" does not include:
a. Driveways;
b. Surface parking lots;
c. Patios; and
d. Similar paved surfaces.
Structure, accessory, means a subordinate structure, customarily incidental to a principal structure or
use as determined by the Director of Community Development. and located on the same lot.
(1) Examples of accessory structures in single -family dwelling districts include outbuildings, such
as, tool sheds, woodsheds, workshops, outdoor kitchens, pool houses, gazebos, guesthouses,
storage sheds, detached garages and detached carports, etc.
(2) The term "accessory structure" does not include:
a. Fences and retaining walls;
b. Driveways;
c. Surface parking lots;
d. Patios, and similar paved surfaces.
Structure, principal, means a structure in which the principal use or purpose on a property occurs,
and to which all other structures on the property are subordinate. The term "principal" is synonymous with
the terms "main" and "primary."
Subdivision means the division of land into two or more lots. The term "subdivision" also means a
development consisting of subdivided lots.
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Surface, all-weather, means any surface treatment, including gravel, which is applied to and
maintained:
(1) So as to prevent:
a. Erosion;
b. Vehicle wheels from making direct contact with soil, sod or mud; and
(2) Which effectively prevents the depositing of soil, sod or mud onto streets from areas required to
be so treated.
Swimming pool, private, means a recreation facility designed and intended for water contact
activities which serves single-family dwellings, duplex dwellings and multifamily dwellings, or
combinations of dwelling types, including pools which are owned and controlled by a neighborhood club
or similar organization.
Swimming pool, public, means a recreation facility designed and intended for water contact activit ies
which is operated as a business or as a club unless such club is associated with a neighborhood club or
similar organization.
Tattoo and body art or piercing establishment means any establishment whose principal business
activity, either in terms of operation or as held out to the public, is performing the practice of physical body
adornment by using the techniques of body piercing and tattooing. For the purposes of this code, the
definition does not include ear piercing or body painting with pigments that are temporary in nature.
Tenant panels means an on-premises sign panel that lists the name of tenants within a shopping
center or development which the primary sign identifies.
Theater means a building or area designed primarily for showing performi ng arts or motion pictures.
Thoroughfare, major, means any street which is classified in the transportation element of the
comprehensive plan as either a freeway, an arterial or a major collector.
Thoroughfare, minor, means any street which is classified in the transportation element of the
comprehensive plan as a minor collector or local street.
Timber harvesting means a forestry operation including the raising and harvesting of timber, pulp wood,
and other forestry products for commercial purposes, the construction of roads, insect and disease
control, fire protection, and may include the temporary operation of a sawmill and or chipper to process
the timber from said parcel. This does not include the cutting of timber associated with approved land
development.
Tinsmithing shop means an establishment wherein tin ware, sheet metal or other light metals are
formed or repaired.
Tower means any structure that is designed and constructed primarily for the purpose of supporting
one or more antennas, including self -supporting lattice towers, guyed towers and monopoles but not
alternative antenna support structures.
(1) The term "tower" includes radio and television transmission towers, microwave towers, common
carrier towers, cellular telephone towers and the like.
(2) The term "tower" does not include amateur radio antenna.
Transfer station means a facility used to transfer solid waste from one transportation vehicle to
another for transportation to a disposal facility or processing operation.
Comment [RM3]: Fire Marshal indicated that it
probably would not happen for fire protection, but
keep just in case it is needed.
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Transmission line means a pipeline other than a gathering line that:
(1) Transports fuel oil/liquid petroleum product from a gathering line or s torage facility (tank farm) to
a distribution center or storage facility (tank farm); or
(2) Transports fuel oil/liquid petroleum product within a storage field.
Trespass light means the off-site spill light that illuminates beyond the property boundaries in which
the light fixture is installed, where it is neither wanted nor needed.
Truck terminal means a primary use of property where trucks/trailers are either temporarily stored,
maintained or based. Trucks/trailers shall have current registration and l icense plates with decal.
(Permitted M-2 heavy industrial district.)
Use means the purpose or function arranged or intended for a structure or property.
Use, accessory, means a subordinate use which is customarily incidental to the principal use of a lot ,
and which is located on the same lot as a principal use.
Use permit means a permit approved by the city council, pursuant to a public hearing, which
authorizes a use which must meet certain standards which exceed the requirements of the district as -a-
whole.
Use, principal, means the primary or main purpose or function of a lot or structure. The term
"principal" is synonymous with the terms "main" and "primary."
Variance.
(1) Administrative minor variance means a variance to the minimum district yard r equirements of
not more than one foot, granted administratively by the director of community development.
(2) Administrative variance means a request:
a. For relief from the standards contained in article XVII, development regulations;
b. To reduce the ten-foot improvement setback adjacent to buffers; or
c. For a ten percent reduction of parking spaces as required in section 64-1413
(3) Concurrent variance means a request for a primary variance concurrently with a rezoning
petition, modification or use permit.
(4) Minor variance means an application requesting deviation from the minimum yard requirements,
not to exceed ten percent of the dimensional requirements.
(5) Primary variance means an application requesting relief from the standards of the zoning
ordinance, except relief from use, minimum lot area, or minimum lot frontage.
(6) Secondary variance means an appeal of a decision or action of a department director
authorized to hear a variance request or interpretation of this zoning ordinance.
Vegetative screen means an evergreen planting which, within three years of planting, provides a 100
percent visual barrier between a lot and adjacent lots and uses with a minimum height of six feet. A
vegetative screen is composed of plant materials.
Vehicle, junk or salvage, means any automobile, truck or other vehicle which is missing one of the
following:
(1) Current registration;
(2) License plate with current decal;
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(3) Proof of liability insurance; and
(4) Drivetrain component for more than 30 days.
Veterinary clinic/hospital means a place where animals are given medical care and the boarding of
animals is limited to short-term care incidental to the hospital use.
Video arcade means any building structure or place where there are operated more than 15 coin -
operated or self-service bona fide amusement games as that term is defined in O.C.G.A. § 16 -12-35(d).
Waste means materials that are discarded, disposed of or no longer usable.
Waste disposal boundary means the limit of all waste disposal areas, appurtenances, a nd ancillary
activities including, but not limited to:
(1) Internal access roads; and
(2) Drainage control devices.
Waste, hazardous. See "Georgia Department of Natural Resources" definition.
Waste, solid. See "Georgia Department of Natural Resources" definition.
Wild animal means any animal which is not wildlife and is not normally a domestic species in this
state. This term specifically includes any hybrid or cross between any combination of a wild animal,
wildlife, and a domestic animal. Offspring from all subsequent generations of such crosses or hybrids are
wild animals.
Wildlife means any vertebrate or invertebrate animal life indigenous to this state or any species
introduced or specified by the board and includes fish, except domestic fish produc ed by aquaculturists
registered under O.C.G.A. § 27-4-255, mammals, birds, fish, amphibians, reptiles, crustaceans, and
mollusks or any part thereof.
Yard means a land area extending between a structure and a lot line.
Yard, front, means a yard abutting any street except the side street on a corner lot. Front yards
extend the entire length of an abutting street from intersecting lot line to intersecting lot line. The front
yard of corner lots shall be applied to the street which abuts the lot for the shor test distance.
Yard, minimum, means the minimum distance between a building or specified structure and a lot line
as specified in the district regulations.
Yard, rear, means the minimum required distance between the rear lot line and a structure. True
triangular lots do not have rear yards. Lots with more than one front lot line do not have rear yards. The
director of community development or his or her designee shall make the final determination of rear yards
when in dispute or undefined by this definiti on.
Yard, side, means a yard which is not a front or rear yard.
Zero lot line means the location of a building on a lot in such a manner that one or more of the
building's sides rest directly on a lot line, such as "patio homes" or "townhouses."
Zoning conditions means the requirements placed on property by the city council at the time of
approval of a rezoning and use permit.
Zoning modification means an application to change approved zoning conditions on rezonings and
use permits where it has been determined by the director of community development that the requested
change involves a matter of significant public interest.
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(Ord. No. 11-05-96, § 1, 5-16-2011; Ord. No. 11-06-103, § 1, 6-20-2011; Ord. No. 12-10-149, § 1,
10-15-2012; Ord. No. 13-03-162, § 1, 3-18-2013; Ord. No. 13-04-171, § 1, 4-22-2013; Ord. No. 13-
06-177, § 1, 6-17-2013)
Sec. 64-2. Purpose and title.
(a) Purposes. This ordinance is entered as part of a comprehensive plan designed for the purposes,
among others of:
(1) Lessening congestion on the roads and streets;
(2) Securing safety from fire, flood, and other dangers;
(3) Providing adequate light and air;
(4) Promoting the health and general welfare; and
(5) Encouraging such distribution of population and such classification of land uses and utilization
as will facilitate economic and adequate provisions for transportation, communications, roads,
airports, water supply, drainage, sanitation, education, recreation and other public requirements.
(b) Considerations. These regulations are made with reasonable consideration, among others:
(1) To the character of the districts and their peculiar suitability for particular uses; and
(2) With a general view of promoting:
a. Desirable living conditions;
b. Protecting property against blight and depreciation; and
c. Encouraging the most appropriate use of land throughout Fulton County.
Secs. 64-3—64-21. Reserved.
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ARTICLE IX. ADMINISTRATIVE PERMITS AND USE PERMITS
DIVISION 1. - GENERALLY
DIVISION 2. - USE PERMITS
DIVISION 3. - ADMINISTRATIVE PERMITS
DIVISION 4. - ADULT ENTERTAINMENT USE PERMIT STANDARDS
DIVISION 5. - MISCELLANEOUS USES
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DIVISION 1. GENERALLY
Sec. 64-1523. Scope and intent.
Sec. 64-1524. Application and approval.
Sec. 64-1525. Applicability.
Sec. 64-1526. Administrative permits; generally.
Secs. 64-1527—64-1545. Reserved.
Sec. 64-1523. Scope and intent.
This article specifies uses which are not classified as permitted uses in zoning districts, and are
therefore only allowed through the approval of an administrative permit or a use permit. The st andards
which apply to each use are enumerated and must be met in order for an application to be granted.
Sec. 64-1524. Application and approval.
(a) Uses allowable with an administrative permit and the minimum standards for such uses are listed in
sections 64-1592 through 64-1615
(b) Uses allowable with a use permit and the minimum standards for such uses are listed in division 4 of
this article.
Sec. 64-1525. Applicability.
Uses enumerated herein may be authorized by a administrative permit or use permit, as specified.
The regulations contained in this article shall not apply to any permitted use in any zoning district.
Sec. 64-1526. Administrative permits; generally.
Any use authorized by an administrative permit shall be approved and permitted by the director of
the community development department whenever the proposed use complies fully with the requirements
of the subject property's zoning district and s tandards as set forth in sections 64-1592 through 64-1615.
Each requested use for which an administrative permit is required shall be assigned an administrative
permit number and charged a fee. Said permit shall be posted on site prior to commencement of use.
Variances to administrative permit standards may be requested by petition to the board of zoning
appeals. In certain cases, conditions are imposed by the di rector of the public works department with
respect to roadway, water, sewer and other infrastructure improvements, and rights -of-way dedications
which must be met.
Secs. 64-1527—64-1545. Reserved.
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DIVISION 2. USE PERMITS
Sec. 64-1546. Approval.
Sec. 64-1547. Application.
Sec. 64-1548. Expiration.
Sec. 64-1549. Reapplication.
Sec. 64-1550. Variances.
Sec. 64-1551. Accessory uses.
Sec. 64-1552. Considerations.
Sec. 64-1553. Additional restrictions.
Secs. 64-1554—64-1572. Reserved.
Sec. 64-1546. Approval.
Any use authorized by a use permit may be approved by the city council in accordance with the
standards enumerated under each use (section 64-1552); provided:
(1) The subject use is allowable in the subject property's zoning district;
(2) The standards for the use permit as specified in this article can be met, as well as use permit
considerations pursuant to section 64-1552
(3) A public hearing has been held in relat ion to the use permit before the city planning commission
and the city council in conformance with the notice standards outlined in article XIV of this
zoning ordinance;
(4) Recommendations have been received from the city community development department staff
and the city planning commission; and
(5) Conditions imposed with respect to right -of-way dedication and roadway, water, sewer and/or
other infrastructure improvements are met.
Sec. 64-1547. Application.
Any use permit requests shall require a sep arate application when included with a petition for
rezoning. Each requested use for which a use permit is required shall be charged a standard use permit
fee and assigned a use permit number which will be listed on the petition for rezoning. A public hear ing,
notice and evaluation shall be provided in accordance with article XIV of this zoning ordinance for each
requested use permit. Each request shall be voted on separately, and each use permit request submitted
as part of a rezoning petition shall be tre ated independently in the minutes of the city council meeting.
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Sec. 64-1548. Expiration.
All use permits shall expire within three years from the date of approval by the city
council or as otherwise conditioned unless a land disturbance permit, building permit,
business license or certificate of occupancy has been issued. Requests for extensions
shall be made in accordance with the standards for extensions contained in article XIV of
this zoning ordinance.
Sec. 64-1549. Reapplication.
The same or a substantially similar petition for a use permit which has been denied by the city
council shall not be resubmitted to the community development department for a period of six months
from the date of the denial.
Sec. 64-1550. Variances.
Variances to use permit standards contained in division 4 of this article for receiving a use permit
may be considered by the city council concurrently with a use permit petition if submitted with such
petition. Such a variance request shall not require a separate variance application, but shall be assigned
a variance number, charged a standard variance fee and be list ed on the use permit petition as a
concurrent variance in accordance with section 64-1890.
Sec. 64-1551. Accessory uses.
Structures and land may be used for uses customarily incidental to any approved use.
Sec. 64-1552. Considerations.
(a) In the interest of the public health, safety and welfare, the city council may exercise limited discretion
in evaluating the site proposed for a use which requires a use permit. In exercising such discretion
pertaining to the subject use, the city council shall consider each of the following:
(1) Whether the proposed use is consistent with the comprehensive land use p lan or economic
development revitalization plans adopted by the city council;
(2) Compatibility with land uses and zoning districts in the vicinity of the property for which the use
permit is proposed;
(3) Whether the proposed use may violate local, state and federal statutes, ordinances or
regulations governing land development;
(4) The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets;
(5) The location and number of off-street parking spaces;
(6) The amount and location of open space;
(7) Protective screening;
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(8) Hours and manner of operation;
(9) Outdoor lighting; and
(10) Ingress and egress to the property.
(b) In granting such permits, conditions may be attached as are deemed necessary in the particular
case for the protection or benefit of neighbors to ameliorate the effects of the proposed
development/use.
Sec. 64-1553. Additional restrictions.
(a) Any use may be authorized by an administrative permit or u se permit shall comply with all other city
regulations, zoning district regulations, conditions of zoning approval and other regulations contained
herein. All buffers required shall have a ten -foot improvement setback in accordance with section 64-
47 unless otherwise required. The reduction of said setback shall be subject to the approval of the
community development department in accordance with article X of this zoning ordinance. Whenever
a standard contained in this section is in conflict with another provision of this zoning ordinance, the
more restrictive provision shall prevail.
(b) Unless otherwise specified, standards, conditions and stipulations attached to a use permit by the
city council shall supersede conflicting zoning conditions approved on the same site.
Secs. 64-1554—64-1572. Reserved.
Comment [RM1]: This refers to the “appeals”
portion of the Zoning Ordinance.
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Milton, Georgia, Code of Ordinances Page 6
DIVISION 3. ADMINISTRATIVE PERMITS
Subdivision I. - In General
Subdivision II. - Minimum Standards
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Subdivision I. In General
Milton, Georgia, Code of Ordinances Page 7
Subdivision I. In General
Secs. 64-1573—64-1591. Reserved.
Secs. 64-1573—64-1591. Reserved.
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ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS
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Subdivision II. Minimum Standards
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Subdivision II. Minimum Standards
Sec. 64-1592. Reserved.
Sec. 64-1593. Amateur radio antenna to exceed the district height. (See use permit section 64 -
179919.4.5.)
Sec. 64-1594. Reserved.
Sec. 64-1595. Club.
Sec. 64-1596. Event; special indoor/outdoor.
Sec. 64-1597. Golf course.
Sec. 64-1598. Guesthouse.
Sec. 64-1599. Moblie home (while residence is being built).
Sec. 64-1600. Parking, off-site and shared.
Sec. 64-1601. Rapid rail transportation station.
Sec. 64-1602. Recreational court, private.
Sec. 64-1603. Recreational courts, public.
Sec. 64-1604. Relocated residential structure.
Sec. 64-1605. Revival tent.
Sec. 64-1606. Roadside produce stands.
Sec. 64-1607. Roadside vending.
Sec. 64-1608. Seasonal business use.
Sec. 64-1609. Swimming pool, private.
Sec. 64-1610. Swimming pool, public.
Sec. 64-1611. Temporary classroom.
Sec. 64-1612. Temporary structures.
Sec. 64-1613. Temporary use of existing dwelling (while residence is being built).
Sec. 64-1614. Utility substations (telephone, electric, gas, etc.).
Sec. 64-1615. Veterinary clinic/hospital or kennel.
Sec. 64-1616. Permits for media productions.
Secs. 64-1617—64-1634. Reserved.
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ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS
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Sec. 64-1592. Reserved.
Editor's note—
Section 1 of Ord. No. 10-08-72, adopted Aug. 20, 2010, repealed § 64-1592, which pertained to
alternative antenna support structure to exceed the district height.
Sec. 64-1593. Amateur radio antenna to exceed the district height. (See use permit
section 64-179919.4.5.)
It is the intent of this section to regulate the placement of amateur towers in a manner that does not
impose on public health, safety, or general welfare. The following regulations on design, location,
placement, and height limits of antennas in residential districts implements the city's governmental
interests in land planning, aesthetics and public safety by requ iring the following standards:
(1) Required districts. All.
(2) Standards.
a. Antennas shall be located in the rear yard.
b. The maximum height shall be 90 feet. Any request to exceed the maximum height shall
require a use permit. (See section 64-1799.)
c. All antennas shall be set back from all property lines one -third the height of the antenna or
the district setback requirements, whichever is greater. The antenna must be located a
distance equal to or greater than the antenna height from the nearest residential dwelling,
excluding the owner's primary dwelling or structure.
d. Antennas shall not be lighted.
e. All antennas must be constructed with an anticlimbing device.
f. Antennas shall be painted in a neutral color identical or closely compatible with
surroundings.
g. All guy wires must be anchored on site and outside of right -of-way.
Sec. 64-1594. Reserved.
Editor's note—
Section 1 of Ord. No. 10-08-72, adopted Aug. 20, 2010, repealed § 64-1594, which pertained to
antenna, tower and associated structures (radio, T.V., microwave broadcasting, etc.) to
exceed the district height.
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ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS
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Sec. 64-1595. Club.
(a) Required districts. O-I, MIX, C-1, C-2, M-1A, M-1, M-2.
(b) Standards.
(1) All buildings and accessory uses other than parking shall be located at least 50 feet from a ll
property lines of any residential district or AG-1 district used for single family.
(2) Permitted curb cut access shall not be from a local street.
(3) Outdoor facilities within 200 feet of any residential district or dwelling shall limit the hours of
operation from 8:00 a.m. to 11:00 p.m.
(4) Outdoor recreational facilities shall be set back a minimum of 100 feet from all property lines of
any residential district or AG-1 district used for single family, except as otherwise permitted with
an administrative permit for recreational court or swimming pool.
Sec. 64-1596. Event; special indoor/outdoor.
As applicable, special events are subject to the requirements of other city departments, such as
emergency medical services plans, emergency planning and pr eparedness plans, tent permits,
pyrotechnics permits, food service permits, etc.
(1) Required districts. O-I, MIX, C-1, C-2, M-1A, M-1, M-2, AG-1 and residential districts in
conjunction with an institutional use, such as a place of worship or a school, o r for the benefit of
charity such as tours of homes, show houses, and the like.
(2) Standards.
a. No more than two administrative permits shall be granted per year and no permit shall be
effective for more than 14 consecutive days for a single event on the same property. An
application for said permit shall be made no less than 14 days prior to the event. Said
permit must be posted on site such that it is visible from the street.
b. The hours of operation shall be 8:00 a.m. to 8:00 p.m., Sunday through T hursday, and 8:00
a.m. to 10:00 p.m., Friday through Saturday.
c. Two copies of a drawing, no larger in size than 11 inches by 17 inches, with dimensions
(distances in feet) of the activity's location from the site's property lines and other minimum
distance requirements as specified by this section shall be submitted to the community
development department for approval. Said drawing shall also depict north arrow, curb cuts
and traffic patterns.
d. The applicant shall provide a notarized written permissio n statement of the property owner
or leaseholder of the subject site to the community development department. A 24 -hour
contact number of the property owner or leaseholder shall be provided along with permit
application.
e. The entire property shall comply with the zoning district's setback requirements.
f. No temporary sanitary facility or trash receptacle may be located within 100 feet of a
property line of any residential use.
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g. No tent, table or other temporary structure shall be located within 250 f eet of a residential
structure.
1. Tents less than 5,000 square feet do not require a building permit; tents equal to or
greater than 5,000 square feet require structural plan review and a building permit.
2. All tents are subject to the fire department's approval.
h. Sales from vehicles are prohibited.
i. The entire property shall comply with city's parking requirements.
j. No equipment, vehicle, display or sales activity shall block access to a public facility such
as a telephone booth, mail box, parking meter, fire hydrant, fire alarm box, traffic control
box, driveway or other access point.
k. A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential
use.
l. Signage shall be in accordance with article XVI of this zoning ordinance.
Sec. 64-1597. Golf course.
(a) Required districts. All.
(b) Standards.
(1) A minimum 100-foot setback for all buildings and parking areas shall be provided adjacent to
any residential district or AG-1 district used for single family.
(2) Driving range, tees, greens and fairways shall be required to have a 100 -foot setback from
minor, arterial, and major collector roads.
(3) Permitted curb cut access shall be from a major thoroughfare unless shown on the approved
preliminary plat of a single-family subdivision.
(4) When located outside a golf course/subdivision development, a minimum 50-foot 75 foot wide
buffer and a ten-foot improvement setback shall be provided adjacent to all buildings and
parking areas when said facilities are located adjacent to any residential district or AG -1 district
used for single family.
(5) A minimum 25-foot 75 foot buffer and a ten-foot improvement setback shall be provided
adjoining any residential district or AG-1 district used for single family located outside the golf
course development or any associated development.
(6) When located adjacent to any residential dist rict or AG-1 district used for single family, the
hours of operation shall be limited to 8:00 a.m. to 11:00 p.m.
Sec. 64-1598. Guesthouse.
(a) Required districts. Suburban A, Suburban B, Suburban C, R -1, R-2, R-2A, R-3, R-3A, R-4, R-4A, R-
5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1, O-1 and MIX when accessory to a single-family dwelling.
(b) Standards.
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(1) No more than one guesthouse structure per lot may be used for occupancy by relatives, guests
or employees that work on the property without payment for r ent.
(2) A separate kitchen facility shall be allowed.
(3) Heated floor area shall be a minimum of 650 square feet and a maximum of 1,500 square feet.
(4) Principal building setbacks shall apply.
(5) The location shall be limited to the rear yard.
Sec. 64-1599. Moblie home (while residence is being built).
(a) Required districts. Suburban A, Suburban B, Suburban C, R-1, R-2, RR, R-2A, R-3, R-3A, R-4, R-
4A, R-5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1, O-1 and MIX.
(b) Standards.
(1) The building permit for the principal structure must have been issued and remain valid during
the period that the mobile home is on the property.
(2) The mobile home must be located on the same parcel as the principal structure being
constructed and comply with all district setbacks.
(3) The administrative permit shall expire 12 months after issuance or upon occupancy of the
principal structure, whichever occurs first. Only one renewal for a one -year period may be
issued.
(4) The mobile home must be occupied by the owner of t he principal residence under construction.
Sec. 64-1600. Parking, off-site and shared.
Whenever parking as required in article VIII of this zoning ordinance cannot be accomplished,
shared parking in accordance with section 64-1411 may be approved via an administrative permit;
provided:
(1) Required districts. O-I, C-1, C-2, MIX, M-1, M-1A and M-2.
(2) Standards.
(a) If the off-site parking is committed for a specified period of time, the duration of the
administrative permit shall be limited to the period of time stipulated therein.
b. No more than 20 percent of the total parking requirement may be provided off -site via this
administrative permit.
c. The property must be located no more than 300 feet from the principal use with pedestrian
access provided between the sites as may be required by the c ommunity development
department.
Sec. 64-1601. Rapid rail transportation station.
(a) Required districts. All.
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(b) Standards. Refer to the MARTA rearrangement cooperative agreement administered by the
department of public works.
Sec. 64-1602. Recreational court, private.
(a) Required districts. All districts except C-1, C-2, M-1, M-1A, M-2.
(b) Standards.
(1) Detached dwellings. Recreational courts serving single-family detached dwellings shall be
located in side or rear yards but shall not be located within a minimum yard.
(2) Multifamily. Recreational courts, accessory structures, and fencing shall be located a minimum
of 100 feet from any residential building, adjoining property line or street.
(3) Neighborhood. Recreational courts serving a neighborhood must be located within the limits of
the underlying zoning.
a. Use of the recreational courts shall be limited to residents and guests of the neighborhood
in which they are located.
b. Recreational courts, accessory structures, fencing, and parkin g shall be located a minimum
of 100 feet from all adjoining property lines.
c. Landscape strips and buffer requirements shall be as specified by section 64-237
d. A maximum four-square-foot sign identifying the future use of the property for a
recreational court shall be posted adjoining the lot's frontage until a certificate of
occupancy is issued for the facility.
e. Sources of exterior illumination shall be directed away from adjoining residences and shall
not exceed 1.2 footcandles along an adjoining residential property line. Outdoor lighting of
recreation facilities in or adjoining residential districts or u ses shall be allowed only
between dusk and 11:00 p.m.
f. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA
shall not be exceeded at property lines adjacent to single-family residential uses.
Sec. 64-1603. Recreational courts, public.
Recreational courts operated as a club, except those serving residential developments, or courts
operated as a business are defined herein as public courts.
(1) Required districts. O-I, MIX, C-1, C-2, M-1, M-1A, M-2.
(2) Standards.
a. Recreational courts, accessory structures, fencing, and parking shall be located a minimum
of 100 feet from all property lines which abut single -family residential uses. Adjacent to all
other zonings and uses, the district setback requirements shall apply.
b. Landscape strips and buffer requirements shall be as specified by section 64-237. If
adjoining any residential district or AG-1 district used for single family a 75 foot buffer and
10 foot improvement setback shall be provided.
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c. Sources of exterior illumination shall be directed away from adjoining residences and shall
not exceed 1.2 footcandles along an adjoini ng residential property line. Outdoor lighting of
recreation facilities in or adjoining residential districts or uses shall be used only between
dusk and 11:00 p.m.
d. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA
shall not be exceeded at property lines of adjacent residential districts or AG -1 districts
used for single family.
Sec. 64-1604. Relocated residential structure.
(a) Required districts. Suburban A, Suburban B, Suburban C, R -1, R-2, R-2A, R-3, R-3A, R-4, R-4A, R-
5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1, O-1I and MIX.
(b) Standards.
(1) The applicant shall include the following with the application for the administrative p ermit:
a. The address from which the structure is being relocated.
b. A photograph of the structure prior to its relocation.
c. The total heated floor area of both the existing structure and the renovated structure.
(2) The location of the structure and the heated floor area of the structure shall be in compliance
with the minimum standards of the zoning district or conditions of zoning.
(3) The residential structure shall be affixed to a permanent foundation within six months of the
date of the house moving permit, and the certificate of occupancy shall not be issued until such
improvements are completed.
(4) All standards of this article (except subsection (b)(2) of this section, and other applicable
regulations shall be met within one year from the dat e of this permit issuance.
(5) A house moving permit shall be obtained from the community development department in
conjunction with the administrative permit.
(6) A building permit for the repair and construction of said structure shall be obtained with in 30
days of the administrative permit issuance.
(7) The exterior of the structure shall be brought into compliance with the city housing code within
six months of the issuance of the administrative permit.
(8) Prior to occupancy, a certificate of occup ancy must be obtained from the community
development department.
Sec. 64-1605. Revival tent.
(a) Required districts. O-I, MIX, C-1, C-2, M-1A, M-1 and M-2. In an AG-1 (Agricultural) or a residential
district, a revival tent may be placed only on property occupied by an existing building used as a
place of worship.
(b) Standards.
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(1) A permit may be granted a maximum of 14 days in a calendar year.
(2) The revival tent or any area used for assembly shall be located at least 200 feet from a property
line of any residential district or AG-1 district used for single-family dwellings.
(3) No temporary, sanitary facility or trash receptacle may be located within 200 feet of an existing
dwelling, and no tent shall be located within 250 feet of an existing dwelli ng.
(4) Provide one parking space per four seats.
(5) A drawing to scale shall accompany the application and shall accurately depict the number of
seats and the standards of this section.
(6) The hours of operation shall be no earlier than 8:00 a.m. nor later than 11:00 p.m.
Sec. 64-1606. Roadside produce stands.
(a) Required districts. MIX, C-1, C-2, M-1, M-2 and AG-1.
(b) Standards.
(1) No more than four administrative permits shall be granted per year and no single permit shall be
effective for more than 30 consecutive days, however, two or more permits, not to exceed four,
may be combined for a duration of 60 days, 90 days or a maximum of 120 days. An application
for said permit shall be made no less than 14 days prior to the event. Said permit must be
posted on site such that it is visible from the street.
(2) The hours of operation shall be 8:00 a.m. to 8:00 p.m.
(3) Two copies of a drawing, no larger in size than 11 inches by 17 inches, with dimensions
(distances in feet) of the activity's location from the site's property lines and other minimum
distance requirements as specified by this section shall be submitted to the community
development department for approval. Said drawing shall also depict north arrow, curb cuts and
traffic patterns.
(4) The applicant shall provide a notarized written permission statement of the property owner or
lease holder of the subject site to the community development department. A 24-hour contact
number of the property owner or leaseholder shall be provided along with permit application.
(5) The property on which the roadside vendor is permitted must be located at least 1,500 feet from
a permanent business or another vendor which offers the same or similar merchandise as that
of the vendor. The vendor shall provide names of all established businesses which sell similar
or the same merchandise within 1,500 feet of the proposed vendor sit e.
(6) Any activity or structure shall maintain a minimum 20 -foot setback from the right-of-way and not
be located within a required landscape strip or buffer. Said activity or structure shall also
maintain a minimum setback of ten feet from any internal drive or permitted curb cut.
(7) A minimum of six parking spaces shall be provided for the exclusive use of the roadside
produce stand and shall not occupy the minimum required parking spaces for any other use on
site.
(8) No temporary sanitary facility or trash receptacle may be located within 100 feet of a property
line of a residential use.
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(9) No tent, table or other temporary structure shall be located within 100 feet of a residential
structure. All tents are subject to the fire department's approva l.
a. Tents less than 5,000 square feet do not require a building permit.
b. Tents equal to or greater than 5,000 square feet require structural plan review and a
building permit.
(10) No equipment, vehicle, display or sales activity shall block access t o a public facility such as a
telephone booth, mail box, parking meter, fire hydrant, fire alarm box, traffic control box,
driveway or other access point.
(11) A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use .
(12) Signage shall be in accordance with article XVI of this zoning ordinance.
(Ord. No. 10-08-73, § 1, 8-16-2010)
Sec. 64-1607. Roadside vending.
(a) Required districts. M-1 and M-2.
(b) Standards.
(1) No more than two administrative permits shall be granted per year and no permit shall be
effective for more than nine consecutive days. An application for said permit shall be made no
less than 14 days prior to the event. Said permit must be posted on site such that it is visible
from the street.
(2) The hours of operation shall be 8:00 a.m. to 8:00 p.m.
(3) Two copies of a drawing, no larger in size than 11 inches by 17 inches, with dimensions
(distances in feet) of the activity's location from the site's property lines and other minimum
distance requirements as specified by this section shall be submitted to the community
development department for approval. Said drawing shall also depict north arrow, curb cuts and
traffic patterns.
(4) The applicant shall provide a notarized written permission state ment of the property owner or
lease holder of the subject site to the community development department. A 24 -hour contact
number of the property owner or leaseholder shall be provided along with permit application.
(5) The property on which the roadside vendor is permitted must be located at least 1,500 feet from
a permanent business or another vendor which offers the same or similar merchandise as that
of the vendor. The vendor shall provide names of all established businesses which sell similar
or the same merchandise within 1,500 feet of the proposed vendor site.
(6) Any vending displays or activity shall maintain a minimum 20-foot setback from the right -of-way
and not be located within a required landscape strip or buffer. Said displays or activities s hall
also maintain a minimum setback of ten feet from any internal drive or permitted curb cut.
(7) A minimum of six parking spaces shall be provided adjacent to the vending area for the
exclusive use of the roadside vending and shall not occupy the minim um required parking
spaces for any other use on site.
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(8) No temporary sanitary facility or trash receptacle may be located within 100 feet of a property
line of a residential use.
(9) No table or cart shall be located within 250 feet of a residential st ructure. Tents and tarps are
prohibited. Sales from vehicles are prohibited.
(10) No equipment, vehicle, display or sales activity shall block access to a public facility such as a
telephone booth, mail box, parking meter, fire hydrant, fire alarm box, tr affic control box,
driveway or other access point.
(11) A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use.
(12) Signage advertising the vending operation is prohibited.
(Ord. No. 11-06-104, § 1, 6-20-2011)
Sec. 64-1608. Seasonal business use.
(a) Required districts. CUP (with a commercial component), MIX (with a commercial component), C -1,
C-2, M-1A, M-1, and M-2. Allowable in AG-1 and residentially zoned districts only when the property
is occupied by a church, school, lodge/retreat, farm, plant nursery, etc or as approved by the
community development director., existing as a conforming or a lawful nonconforming nonresidential
use. The issuance of this permit does not constitute an expansion or extension of a nonconforming
use.
(b) Standards.
(1) An administrative permit shall not be issued for the same seasonal business use more than
once in any calendar year. Said seasonal business use must correlate to a calendar holiday or
event. Said permit shall not exceed a total of 30 consecutive days for e ach use. Said permit
must be posted on site such that it is visible from the street. An application for said permit shall
be made no less than 14 days prior to the event. Example: One permit may be issued for the
sale of Christmas trees for a maximum of 30 consecutive days. A second permit may be issued
for the sale of pumpkins for a maximum of 30 consecutive days.
(2) The hours of operation shall be 8:00 a.m. to 8:00 p.m., Sunday through Thursday, and 8:00
a.m. to 10:00 p.m., Friday through Saturday.
(3) Two copies of a drawing, no larger in size than 11 inches by 17 inches, with dimensions
(distances in feet) of the activity's location from the site's property lines and other minimum
distance requirements as specified by this section shall be submitted t o the community
development department for approval. Said drawing shall also depict north arrow, curb cuts and
traffic patterns.
(4) The applicant shall provide a notarized written permission statement of the property owner or
lease holder of the subject site to the community development department. A 24-hour contact
number of the property owner or leaseholder shall be provided along with permit application.
(5) The property on which the roadside vendor is permitted must be located at least 1,500 feet fro m
a permanent business or another vendor which offers the same or similar merchandise as that
of the vendor. The vendor shall provide names of all established businesses which sell similar
or the same merchandise within 1,500 feet of the proposed vendor si te.
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(6) Any display or sales activity shall maintain a minimum 20 -foot setback from the right-of-way and
shall not be located within a required landscape strip or buffer. Said displays shall also maintain
a minimum setback of ten feet from any internal dr ive or permitted curb cut.
(7) A minimum of six parking spaces shall be provided for the exclusive use of the seasonal
business and shall not occupy the minimum required parking spaces for any other use on site.
(8) No temporary sanitary facility or trash receptacle may be located within 100 feet of a property
line of a residential use.
(9) No tent, table or other temporary structure shall be located within 100 feet of a residential
structure. Sales from vehicles are prohibited.
a. Tents less than 5,000 square feet do not require a building permit;
b. Tents equal to or greater than 5,000 square feet require structural plan review and a
building permit.
All tents are subject to the fire department's approval.
(10) No equipment, vehicle, display or sales activity shall block access to a public facility such as a
telephone booth, mail box, parking meter, fire hydrant, fire alarm box, traffic control box,
driveway or other access point.
(11) A sound level of 65 dBA shall not be exceeded at adjacent propert y lines of any residential use.
(12) Signage shall be in accordance with article XVI of this zoning ordinance.
Sec. 64-1609. Swimming pool, private.
(a) Required districts. All districts except C-1, C-2, M-1, M-1A, M-2.
(b) Standards. All swimming pools shall be completely surrounded by a barrier as required by the 2006
International Residential Code, Section AG105 or the 2009 International Building Code, Section
3109. The top of the barrier shall be at least 48 inches above grade measured on the side of the
barrier which faces away from the swimming pool to prevent access to the pool by unsupervised
children and animals. Pedestrian access gate(s) shall open outward away from the pool and shall be
self-closing and have a self-latching device. Pedestrian access gate(s) shall be locked when the pool
is not open for use and all surrounding objects or structures must have a separation of five feet from
the enclosure to provide an unclimbable space. The enclosure shall be in place prior to pool
completion. Materials and construction shall comply when applicable with the regulations
administered by the Fulton County Health Department.
(1) Detached dwellings. Swimming pools shall be allowed in side and rear yards of single -family
dwellings in any district and may also be allowed at the back of the house on a double frontage
single-family residential lot as approved by the department.
a. Pools, pool equipment, and their decks must be a minimum of ten feet from all property
lines, except that when perimeter setbacks are required, for example in NUP and TR zone
districts, pools, pool equipment, and decks cannot be located in perimeter setbacks.
b. Barrier shall not be located more than 150 feet from the water's edge of the pool.
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(2) Neighborhood. Swimming pools serving a neighborhood must be located within the limits of the
underlying zoning.
a. Use of swimming pools shall be limited to residents and guests of the neighborhood in
which they are located.
b. Pools, pool equipment, and decks must be located at least 100 feet from all adjoining
interior property lines, and at least 100 feet from all property lines which abut single -family
uses. In addition, pools, pool equipment, and decks shall comply with all setback
requirements with respect to rights-of-way based on the district in which the property is
located.
c. Landscape strips and buffer requirements shall be as specified by section 64-237
d. A maximum four-square-foot sign identifying the future use of the property for a swimming
pool shall be posted adjoining the lot's frontage until a certificate of occupancy is issued for
the facility.
e. Sources of exterior illumination shall be directed away from adjoining residences and shall
not exceed 1.2 footcandles along an adjoining residential property line. Outdoor lighting of
recreation facilities in or adjoining residential districts or uses shall be allowed only
between dusk and 11:00 p.m.
f. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA
shall not be exceeded at property lines adjacent to single-family residential uses.
(3) Multifamily. Swimming pools, pool equipment, accessory structures, and fencing shall be
located a minimum of 100 feet from any residential building, adjoining property line or public
right-of-way.
(Ord. No. 12-10-152, § 1, 10-15-2012)
Sec. 64-1610. Swimming pool, public.
Pools operated as a club, except clubs serving residential developments, or pools operated as a
business are defined herein as public pools.
(1) Required districts. O-I, MIX, C-1, C-2, M-1A, M-1 and M-2.
(2) Standards.
a. Pools, pool equipment, decks, and parking shall be located a minimum of 100 feet from all
property lines which abut single-family residential uses. Adjacent to all other zonings and
uses, the district setback requirements shall be provided.
b. Landscape strips and buffer requirements shall be as specified by section 64-237. If
adjoining any residential district or AG-1 district used for single family a 75 foot buffer and
10 foot improvement setback shall be provided.
c. Sources of exterior illumination shall be directed away from adjoining residences and shall
not exceed 1.2 footcandles along an adjoining reside ntial property line. Outdoor lighting of
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recreation facilities in or adjoining residential districts or uses shall be allowed only
between dusk and 11:00 p.m.
d. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA
shall not be exceeded at property lines adjacent to single-family residential uses.
Sec. 64-1611. Temporary classroom.
(a) Required districts. All.
(b) Standards.
(1) The structure must be constructed for use as a temporary classroom and certified as such by
the community development department.
(2) The principal use must exist prior to the issuance of the permit.
(3) The temporary classroom shall not be used to increase the capacity or enrollment as
conditioned by zoning, or as limited by other use permit condi tions.
(4) Placement shall be hidden from primary view or as approved by the community development
director.
(45) An administrative permit for a temporary classroom shall expire three years from the date of
approval at which time the structure shall be removed unless a new administrative permit is
obtained within 30 days of the expiration date.
(56) The structure shall not be located within any principal building setbacks or within any required
landscape strips or buffers.
(67) Two copies of a drawing showing dimensions shall accompany the application and shall
accurately depict the proposed location of temporary structures, the traffic patterns and curb
cuts and compliance with this section and all other applicable standards of this zoning
ordinance.
Sec. 64-1612. Temporary structures.
(a) Required districts. All, except emission inspection stations shall be permitted only in nonresidential
districts except AG-1.
(b) Standards.
(1) Temporary structures (whether tents, site-built, mobile or manufactured structures) utilized for
construction offices, ticket booths, security guard shelters, storage st ructures in association with
construction, emission inspection stations, portable toilets and other similar uses may be
permitted by the community development department in any district.
(2) Temporary structures shall be located outside of any required bu ffers and landscape areas, and
shall maintain the principal building setback of the district except portable toilets must maintain
a 200-foot setback from existing dwellings.
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(3) Temporary structures must be removed prior to the issuance of a certificate of occupancy or
within five days of completion of the temporary event or activity for which the structure was
approved.
(4) Placement shall be hidden from primary view or as approved by the community development
director.
(45) Temporary structures used in conjunction with other permitted administrative and use permits
shall not be required to obtain a separate administrative permit.
(56) An administrative permit for a temporary structure shall expire three years from the date of
approval at which time the structure shall be removed unless a new administrative permit is
obtained within 30 days of the expiration date.
Sec. 64-1613. Temporary use of existing dwelling (while residence is being built).
(a) Required districts. All but M-1, M-1A, and M-2.
(b) Standards.
(1) The building permit for the new principal structure shall be issued concurrently with the
administrative permit.
(2) The administrative permit shall expire 90 days after issuance of a certificate of occupancy for
the new principal structure or one year after issuance of a building permit, whichever occurs
first.
Sec. 64-1614. Utility substations (telephone, electric, gas, etc.).
(a) Required districts. All.
(b) Standards.
(1) Utility substations measuring less than 35 square feet and less than five feet in height from
finished grade are exempt from these regulations.
(2) All substation structures shall be contained within the boundaries of the subject parcel and meet
the minimum development standards of the district unless otherwise r equired in this article.
(3) Minimum setback of all utility structures from a residential structure shall be:
a. Electric: 200 feet.
b. Gas and telephone: the applicable minimum setback for the district in which located.
(4) A minimum ten-foot-wide landscape strip planted to buffer standards shall be required around
the perimeter of all utility sites except along lines where buffers are required.
(5) For electric substations provide a minimum 50 -foot-wide replanted or natural buffer adjacent to
the property lines of any residential district or AG-1 district used for single-family dwellings.
(6) Interior to landscape strips or buffers that do not accomplish 100 percent visual screening as
defined in the tree preservation ordinance (chapter 60 of the city Code), provide an eight -foot
high opaque fence or, masonry wall, a minimum four-foot high landscaped earthen berm, a
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vegetative screen or some combination thereof, subject to the approval of the community
development department.
Sec. 64-1615. Veterinary clinic/hospital or kennel.
(a) Required districts. O-I, MIX, C-1, C-2, M-1A, M-1, M-2. See section 64-1817 for kennel or outside
animal facilities. Deleted as a permitted use in C-2, but is a permitted use in AG-1.
(b) Standards. All of the activities directly associated with animal treatment shall occur entirely within a
completely enclosed soundproof structure.
Sec. 64-1616. Permits for media productions.
As applicable, media productions are subject to the requirements of all city departments, such as
emergency medical services plans, emergency planning and preparedness plans, tent permits,
pyrotechnics permits, food service permits, etc.
(1) Applicability. This permit is required for all proposed media productions in the City of Milton not
held in an otherwise licensed facility and are intended to be closed to participation from the
public. This permit includes, but is not limited to, television or video series, movie, television or
video pilots, commercials, feature film, professional photo stills and shoots, music videos,
student films, infomercials, public service announcements, and documentaries, where the final
work product is to be used for commercial purposes.
(2) Required districts. This permit is allowed with conditions in all zoning districts of the City of
Milton.
(3) Permit types. Two classifications of media production permits are allowed:
a. Low impact activities, which are generally those activities that have a limited duration of no
more than 14 days with little or no disruption to common adjacent and nearby uses. See
additional requirements within section 64-1616 for further description.
b. High impact activities, which are generally those activities that have a duration of 15 or
more days and/or do not comply with the low impact activity standa rds set forth in this
section. The filming of high-speed crashes or chases, pyrotechnics or explosives or the
use of aircraft, and similar actions are examples of high impact activities including any
production activity disrupting normal and customary use of the site or adjacent or nearby
properties. See additional requirements within section 64-1616 for further description.
(4) General standards. In addition to all other applicable codes, permitted activities must abide by
the following:
a. No temporary sanitary facility or trash receptacle may be located within 100 feet of a
property line of any residential use.
b. No temporary sanitary facilities may be located on or within ten feet of a storm drainage
structure.
c. Without written consent of the effected property owner or current resident, no tent, table or
other temporary structure shall be located within 250 feet of a residential structure.
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1. Tents less than 5,000 square feet do not require a building permit; tents equal to or
greater than 5,000 square feet require structural plan review and a building permit.
Such building permit shall be issued and approved separately.
2. All tents and temporary structures are subject to all local and state codes and further
subject to approval of the fire and building departments.
d. Limited sales from vehicles are allowed with approval of the community development
director.
e. Lighting for filming, both during daylight and nighttime hours, should be oriented away from
neighboring residences wherever possible and should not interfere with the safe movement
of traffic. All permanent and temporary lighting shall comply with section 64-185 of the
Milton Code of Ordinances. Limited exceptions may be made at the discretion of the
community development director.
f. Temporary signage may be allowed at the discretion of the community development
director.
g. Production companies are responsible for cleaning and restoring locations used, including
public and private lands, to their original condition, with a minimum amount of noise and
disruption. All clean up and restoration activities shall be completed within 60 days of
completion of the permitted activities. Inspection of appropriate restoration will be
conducted by the community development department.
h. No modification of any street sign, street light, traffic signal or other traffic control device
shall be permitted without written approval from the public works director or his/her
designee.
i. No road or lane closures shall be permitted without approval of the public works director.
j. No modifications or alterations to the right -of-way shall be permitted unless expressly
identified in the permit application. Any modification or alteration of the right-of-way,
whether that activity is permitted or not, shall be returned to a condition which is better than
or equal to what existed prior to the activity. That determination shall be made by the public
works department.
k. Credit shall be noted to the City of Milton, Georgia, for all permits required.
(5) Low impact activity standards. In addition to the general standards, the following minimum
standards must be met in order to be permitted as a low impact activity. Due to the varying
nature of this industry and use these standards are not all inclusive and additional conditions
may be imposed at the discretion of the community development director to minimize
anticipated adverse effects or other objectionable uses.
a. No permit shall be effective for more than 14 consecutive days. Permits may be renewable
only with the specific approval of the community development director. A single application
may include several locations for the same production with appropriate documentation. An
application for said permit shall be made no less than five business days prior to the event.
Said permit must be available on site to city personnel upon demand.
b. No interruption in pedestrian traffic flow is allowed.
c. No more than five on-street parking spaces in a commercial or office zoning district.
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d. No parking in alleys where residential access is provided by alleys.
e. A private area for cast, crew and extras must be provided.
f. The hours of operation shall be 7:30 a.m. to 10:00 p.m. every day. All preparation and
wrap up activities shall be completed within one -half-hour of this time frame and shall not
violate the noise ordinance limitation as stated in subsection 20-681(1).
g. A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential
use with exceptions per subsection 20-681(2) for periods between 7:30 a.m. and 10:00
p.m.
h. No equipment, vehicle, display or other activity shall block access to a public facility such
as a, mailbox, parking meter, fire hydrant, traffic control box, driveway or ot her access
point.
(6) High impact activity standards. In addition to the general standards, the following minimum
standards must be met in order to be permitted as a high impact activity. Due to the varying
nature of this industry and use these standards are not all inclusive and additional conditions
may be imposed at the discretion of the community development director to minimize
anticipated adverse effects or other objectionable uses. These activities may require the onsite
placement of the fire rescue department personnel and/or equipment based on the scope of the
proposed production.
a. No permit shall be effective for more than 14 consecutive days. Permits may be renewable
only with the specific approval of the community development director. A sing le application
may include several locations for the same production with appropriate documentation. An
application for said permit shall be made no less than ten business days prior to the event.
Said permit must be available on site to city personnel upo n demand.
b. Vehicular traffic may be held for up to 14 calendar days with a detour provided per the
approval of the public works director or his/her designee.
c. No more than ten on-street parking spaces may be used in a commercial or office zoning
district per day.
d. No parking in alleys where residential access is provided by alleys.
e. A private area for cast, crew and extras must be provided.
f. The hours of operation shall be 7:30 a.m. to 10:00 p.m., everyday. Any activity to occur
between the hours of 10:00 p.m. and 7:30 a.m. must have completed permit waivers from
at least 95 percent of current residents or property owners/business owners within 500 feet
of the location prior to commencing activity at the location during evening or morning
hours.
g. All preparation and wrap up activities shall be completed within one -half-hour of the time
frames as set above in [subsection] f. and shall not violate the noise ordinance limitation as
stated in subsection 20-681(1) without completing a permit waiver from at least 80 percent
of current residents or property owners/business owners within 1,000 f eet of the location.
h. A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential
use with exceptions per subsection 20-681(2) for periods between 7:30 a.m. and 10:00
p.m.
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i. No equipment, vehicle, display or other activity shall block access to a public facility such
as a mailbox, parking meter, fire hydrant, traf fic control box, driveway or other access
point.
j. Based on the proposed scope of the production activity and in consideration of any
potential danger to the safety of the community, the police chief and/or the fire chief may
require personnel and/or equipment to be placed on standby for portions of the high impact
activity at the expense of the applicant. The applicant shall contact the chief of police for
approval if any of the following are included in the production: pyrotechnics, demolition,
firearms discharge, high speed chases, or physical stunts.
(7) Applications. All applications shall be submitted to the Milton Community Development
Department for review and approval by the director or his/her designee. The applications shall
include the following information at a minimum and shall not be deemed complete until all
requested information is received.
a. Two copies of a completed application form prepared by the community development
department with original signatures of the applicant. A property owner's affidavit will also
be required with original signatures.
b. Two copies of a drawing, no larger in size than 11 inches by 17 inches, with dimensions
(distances in feet) of the activity's location from each site('s) property lines and other
minimum distance requirements as specified by this section shall be submitted to the
community development department for approval. Said drawing shall also depict north
arrow, curb cuts and traffic patterns, and address numbers of locations to be used.
c. In addition, two copies of aerial imagery shall be included which locate the proposed site(s)
to be used as well as adjoining residential structures.
d. Proposed location (mapped), length of road closure, and timing of traffic interruption (by
date and time) of any public right-of-way. A traffic management plan in accordance with the
MUTCD, current edition will be required as necessary for any closure or traffic interruption
per the public works director.
e. Signed hold harmless agreement to the benefit of [the ] City of Milton.
f. Signed agreement to provide a certificate of insurance with the City of Milton as additional
insured until the activity is completed.
g. Other information as required by the community development director to provide insight to
the proposed extent and intensity of the use.
(8) Permitting. Permits may be approved, disapproved or issued on a conditional basis as
necessary to facilitate receipt of all required information. All permits will be approved or denied
within five business days o f receipt of the completed low impact activity application or within 10
business days of receipt of a completed high impact activity application.
a. Restrictions. Restrictions may be placed on certain applications for use of city property or
in the vicinity of city property/city sponsored events such that service and protection to the
public is not impaired including, but not limited to the following:
1. The City of Milton reserves the right to refuse access to city property on the grounds
of prior reference examination and portrayal of the city in the content of the project.
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2. Removal, cutting or trimming of vegetation in the public right -of-way or on public
property is prohibited unless specifically approved and limited by the permit.
3. Activity may not be allowed in locations near the area of a city -sponsored event if
there is an anticipated conflict with the city's event.
b. Variations from the approved scope of work included in the permit application may be
grounds for immediate revocation.
c. Fees. Applicants will be charged a fee for processing, as established by the City of Milton
mayor and council. Services for which a fee has not been established will be charged on
the basis of time, equipment, and material. Fees for filming applications wi ll be charged
according to Appendix A of the Milton Code of Ordinances.
1. Additional fees for the monitoring of public safety will be charged separately by the
appropriate departments based on a labor, time and equipment necessary to provide
the public service.
2. Street closures shall incur a fee based on the city value of time, materials, and
equipment used/requested by the applicant.
3. Permits for tents and other building and structural inspections will by charged
separately by the appropriate departments.
4. Rental of city facilities will be charged on a per use basis as set out by the city parks
and recreation department.
5. Late request applications will be charged an additional fee per day for each day less
than the minimum number of processing days required as stated in subsections (5)a.
and (6)a.
6. Processing fees and charges for use of city services or facilities may be reduced or
waived for charitable and nonprofit organizations which qualify under Section 501.c.3
of the IRS Code and for city agencies if substantial reward will be provided to the City
of Milton at the discretion of the city manager.
(9) Permit waivers. Waivers may be required in the likelihood the proposed production will have a
negative effect(s) on adjacent business or residents.
a. Waivers shall be signed by current residents, property owners, and/or business owners as
determined by the community development director.
b. Waivers will be provided on a form set out by the community development department.
(Ord. No. 11-06-99, § 1, 6-20-2011)
Secs. 64-1617—64-1634. Reserved.
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DIVISION 4. ADULT ENTERTAINMENT USE PERMIT STANDARDS
Subdivision I. - In General
Subdivision II. - Adult Bookstore
Subdivision III. - Adult Entertainment Establishments
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Subdivision I. In General
Secs. 64-1635—64-1653. Reserved.
Secs. 64-1635—64-1653. Reserved.
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Subdivision II. Adult Bookstore
Sec. 64-1654. Intent and findings.
Sec. 64-1655. Permits.
Secs. 64-1656—64-1674. Reserved.
Sec. 64-1654. Intent and findings.
(a) Generally. The city council intends and finds the following:
(1) It is the intent of this subdivision to regulate the place of operation of adult bookstores as
defined in section 64-1. The city council finds, based upon an October, 1980, study by the
Minnesota Crime Prevention Center, Inc., Minneapolis, Minnesota, entitled "An Analysis of the
Relationship Between Adult Entertainment Establishments, Crime, and Housing Values," that
adult bookstores are significantly related to diminishing market values of neighboring residential
areas, that adult bookstores should not be located in residential areas, and that adult
bookstores should be permitted only in locations that are at least one -tenth mile, or
approximately 500 feet, from residential areas.
(2) The city council further finds, based upon a June 1978 study by the Division of Planning of the
St. Paul, Minnesota, Department of Planning and Economic Development and the Community
Crime Prevention Project of the Minnesota Crime Control Planning Board entitled "Effects on
Surrounding Area of Adult Entertainment Businesses in Saint Paul," that the presence of adult
bookstores correlates with a decreasing market value of neighboring residential areas, that
adult bookstores tend to locate in areas of poorer residential condition, tend to be followed by a
relative worsening of the residential condition, and that more than two adult entertainment
businesses in an immediate area is associated with a statistically significant decrease in
residential property market value, and that such a concentration of adult entertainment
businesses in a given area should be discouraged. The board also finds that such worsening of
residential conditions will adversely affect uses found in residential areas or in the proximity of
residential areas, such as public recreational facilities, public or private institutional uses,
churches, schools, universities, colleges, trade -schools, libraries, and day care centers.
(3) The city council further finds, based upon a May 19, 1986, land use study conducted in Austin,
Texas, that an adult bookstore within one block of a residential area decreases the market value
of homes, that adult bookstores are considered a sign of decline by lenders, making
underwriters hesitant to approve the 90 to 95 percent financing many homebuyers require, and
that patrons of adult bookstores tend to be from outside the immediate neighborhood in which
the adult bookstore is located.
(4) The city council further finds, based upon a March 3, 1986, study conducted by the Oklahoma
City, Oklahoma, Community Development Department entitled "Adult Entertainment Businesses
in Oklahoma City—A Survey of Real Estate Appraisers," that an adult bookstore will have a
negative effect on residential property market values if it is located closer than one block to
residential uses.
(5) The city council further finds that this section of this zoning ordinance regarding regulation of
adult bookstores has been carefully considered by a workgroup of city staff drawn from the
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areas of law enforcement, land use, land planning, and law; by the planning commission at
public meetings where public comment was available; and by a committee of citizens with
expertise in law, real estate, land use, and other disciplines, who have reviewed this section,
particularly with respect to its provisions relating to the effects of adult bookstores on market
values of residential and other property, and that the information gathered and results of this
informal study support the need for these development standards.
(6) This subdivision is intended to be a carefully tailored regulation to minimize the adverse land
use impacts caused by the undesirable secondary effects of adult bookstores, and the city
council finds that restricting adult bookstores to industrially zoned areas and imposing
development standards can legitimately regulate adult bookstores by establishing zones where
adult bookstores are most compatible with other uses or the surrounding neighborhood, and by
requiring minimum distances to be maintained between adult bookstore uses and other uses so
as to afford the most protection to residential uses.
(7) It is not the intent of the city council, in enacting this section, to deny to any person rights to
speech protected by the United States or state constitutions, nor is it the intent to impose any
additional limitations or restrictions on the contents of any communicative materials, including
sexually oriented films, videotapes, books, or other materials; further, in the adoption of this
subdivision, the city council does not intend to deny or restr ict the rights of any adult to obtain or
view any sexually oriented materials protected by the United States or state constitutions, nor
does it intend to restrict or deny any constitutionally protected rights that distributors or
exhibitors of such sexually oriented materials may have to sell, distribute, or exhibit such
constitutionally protected materials; finally, in the enactment of this zoning ordinance, the city
council intends to adopt a content neutral measure to address the secondary effects of ad ult
bookstores.
(b) Required districts. M-1, M-2 (Industrial), C-1 and C-2 (Commercial) districts.
(c) Standards.
(1) All boundary lines of the property included within the use permit as filed must be located at least
500 feet from the properties listed in subsections (c)(1)a. and b. of this section:
a. The property line of Suburban A, Suburban B, Suburban C, R -1, R-2, R-2A, R-3, R-3A, R-
4A, R-4, R-5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1 zoned property or property
conditioned or used for residential pu rposes.
b. The property line of any public recreational facilities, public or private institutional uses,
including but not limited to churches, schools, universities, colleges, trade -schools,
libraries, day care centers and other training facilities wher e minors are the primary
patrons.
(2) The boundary line of the use permit must be located at least 1,500 feet from the property line of
any other adult entertainment establishment or adult bookstore.
(3) Submit with the application for a use permit a certified boundary survey by a licensed surveyor
of the site and the property lines of surrounding properties identifying the use of properties at or
within 1,000 feet of the boundary lines of the subject property and adult entertainment
establishments or adult bookstores within 1,500 feet of the boundary line of the subject
property.
(4) If the adult bookstore is to be located in an existing structure where a land disturbance permit is
not required, an existing building permit review application must be file d and determined by the
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community development department to be in compliance with the terms of this resolution prior
to any occupancy.
(5) Permitted curb cut access shall be from a major thoroughfare.
(6) No depiction of anatomical areas or sexual activities specified in the definition of "adult
entertainment" shall be visible from outside the structure or on signage outside the structure.
(7) The minimum landscape areas required for the O -I zoning district as specified in article III of this
zoning ordinance shall be required. Where buffers are required, the underlying zoning district
buffer standards shall apply.
Sec. 64-1655. Permits.
(a) Issuance. Notwithstanding the provisions of sections 64-1546 through 64-1552, any applicant
meeting the requirements and standards of section 64-1654 shall be entitled to the issuance of a use
permit.
(b) Applications. Notwithstanding any other provision herein, any material omission or untrue or
misleading information contained in or left out of an application for a use permit shal l be grounds for
denial of said permit.
(c) Processing. The city shall have 90 days (unless the application is suspended by failure of the
applicant to provide data, information or records as reasonably requested by the city and required by
this Code, to complete the investigation) from receipt of a completed application for a use permit to
make a decision in which to grant or deny a use permit. The community development department
and the planning commission shall make recommendations to the city council regarding the approval
or denial of the use permit and the council shall make the final decision after a public hearing
regarding the same. In the event the city council has not granted or denied the application within 90
days (unless the application is suspended by failure of the applicant to provide data, information or
records as reasonably requested by the city to complete the investigation), the use permit shall
automatically issue.
(d) Denial. In the event an application for a use permit is denied by the city council, the applicant shall
be notified in writing of such denial within ten business days by U.S. mail. A decision by the city
council regarding the denial of said permit is a final action; therefore, any appeal of such decision
shall be pursued by application for writ of certiorari filed with the Superior Court of Fulton County in
accordance with applicable statute. This appeal shall in no way preclude an applicant from seeking
any other remedies available at law or equity.
(e) Illegal business or entity prohibited. Nothing in this section shall allow for the conducting or zoning of
any business or entity which would otherwise be illegal.
Secs. 64-1656—64-1674. Reserved.
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Subdivision III. Adult Entertainment Establishments
Sec. 64-1675. Intent.
Sec. 64-1676. Requirements.
Sec. 64-1677. Permits.
Secs. 64-1678—64-1796. Reserved.
Sec. 64-1675. Intent.
(a) It is the intent of this subdivision to regulate the place and manner of the operation of businesses or
facilities that offer adult entertainment. It is well established and has been the experience of other
communities in the state and throughout the United States that adult entertainment, which includes
public nudity, has been associated with and may encourage disorderly cond uct, prostitution and
sexual assault.
(b) This subdivision advances the substantial government interest in promoting and protecting public
health, safety, and general welfare, maintaining law and order and prohibiting public nudity. This
subdivision is narrowly constructed to protect the First Amendment rights of citizens of the city while
furthering the substantial governmental interest of combating the secondary effects of public nudity
and adult entertainment from areas and uses of the community which a re incompatible.
(c) Areas and uses which are to be protected from adult entertainment include, but are not limited to:
(1) Residential;
(2) Churches;
(3) Day care centers;
(4) Libraries;
(5) Recreational facilities; and
(6) Schools.
Sec. 64-1676. Requirements.
The following requirements apply to adult entertainment establishments:
(1) Required districts. M-1 (Light Industrial), M-2 (Heavy Industrial), C-1 and C-2 (Commercial)
districts.
(2) Standards.
a. All boundary lines of the property included within the use permit must be located at least
500 feet from the properties listed in subsections (2)a.1 and 2 of this section:
1. The property line of Suburban A, Suburban B, Suburban C, R-1, R-2, R-2A, R-3, R-
3A, R-4A, R-4, R-5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1 zoned property or
property conditioned or used for residential purposes.
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2. The property line of any public recreational facilities, public or private institutional uses
including, but not limited to, churches, schools, universities, colleges, trade-schools,
libraries, day care centers and other training facilities where minors are the primary
patrons.
b. The boundary line of the use permit must be located at least 1,500 feet from the property
line of any other adult entertainment establishment or adult bookstore.
c. Submit with the application for a use permit a certified boundary survey of the site and t he
property lines of surrounding properties identifying the use of properties at or within 1,000
feet of the boundary lines of the subject property and adult entertainment establishments
and adult bookstores within 1,500 feet of the boundary line of the su bject property.
d. No final land disturbance permit, building permit, certificate of occupancy, or building
permit review certificate may by issued until the approved city adult entertainment business
license is filed with the director of the community development department.
e. If the adult entertainment business is to be located in an existing structure where a land
disturbance permit is not required, an existing building permit review application must be
filed and approved in the community development department prior to any oc cupancy.
f. Building shall be located a minimum of 50 feet from all property lines.
g. Parking spaces at a ratio of ten per 1,000 gross square feet of floor space shall be
provided.
h. Permitted curb cut access shall be directly from a major thoroughfare .
i. On-premises signs shall not display lewd or graphic depictions of body parts or acts which
are defined in this article and section 64-1
j. No adult entertainment shall be visible from outside the structure.
k. The minimum landscape areas required for the O -I zoning district as specified in article III
of this zoning ordinance shall be required. Where buffers are required, the und erlying
zoning district buffer standards shall apply.
Sec. 64-1677. Permits.
(a) Issuance. Notwithstanding the provisions of sections 64-1546 through 64-1552, any applicant
meeting the requirements and standards of section 64-1676 shall be entitled to the issuance o f a use
permit.
(b) Applications. Notwithstanding any other provision herein, any material omission or untrue or
misleading information contained in or left out of an application for a use permit shall be grounds for
denial of said permit.
(c) Processing. The city shall have 90 days (unless the application is suspended by failure of the
applicant to provide data, information or records as reasonably requested by the city and required by
this Code to complete the investigation) from receipt of a completed application for a use permit to
make a decision in which to grant or deny a use permit. The community development department
and the planning commission shall make recommendations to the city council regarding the approval
or denial of the use permit and the council shall make the final decision after a public hearing
regarding the same. In the event the city council has not granted or denied the application within 90
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ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS
DIVISION 4. - ADULT ENTERTAINMENT USE PERMIT STANDARDS
Subdivision III. Adult Entertainment Establishments
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days (unless the application is suspended by failure of the applicant to provide data, inf ormation or
records as reasonably requested by the city to complete the investigation), the use permit shall
automatically issue.
(d) Denial. In the event an application for a use permit is denied by the city council, the applicant shall
be notified in writing of such denial within ten business days by U.S. mail. A decision by the city
council regarding the denial of said permit is a final action; therefore, any appeal of such decision
shall be pursued by application for writ of certiorari filed with the S uperior Court of Fulton County
within 30 days of the decision. This appeal shall in no way preclude an applicant from seeking any
other remedies available at law or equity.
(e) Illegal business or entity prohibited. Nothing in this section shall allow for the conducting or zoning of
any business or entity which would otherwise be illegal.
Secs. 64-1678—64-1796. Reserved.
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DIVISION 5. MISCELLANEOUS USES
Sec. 64-1797. Agricultural-related activities.
Sec. 64-1798. Aircraft landing area.
Sec. 64-1799. Amateur radio antenna to exceed the administrative permit height.
Sec. 64-1800. Amphitheaters.
Sec. 64-1801. Reserved.
Sec. 64-1802. Bed and breakfast.
Sec. 64-1803. Cemetery and mausoleum (human or pet).
Sec. 64-1804. Church, temple or place of worship.
Sec. 64-1805. Commercial amusement, outdoor.
Sec. 64-1806. Composting.
Sec. 64-1807. Convalescent center/nursing home/hospice.
Sec. 64-1808. Country inn.
Sec. 64-1809. Day care facility.
Sec. 64-1810. Driving range (not associated with a golf course).
Sec. 64-1811. Equine garment fabrication.
Sec. 64-1812. Festivals or events, outdoor/indoor.
Sec. 64-1813. Group residence.
Sec. 64-1814. Group residence for five to eight children.
Sec. 64-1815. Group residence for nine to 15 children.
Sec. 64-1816. Height; to exceed district maximum.
Sec. 64-1817. Kennel or outside animal facilities.
Sec. 64-1818. Landfill, inert waste disposal.
Sec. 64-1819. Landfill, solid waste disposal.
Sec. 64-1820. Landscape business.
Sec. 64-1821. Lodge, retreat and campground.
Sec. 64-1822. Medical-related lodging.
Sec. 64-1823. Mobile home; accessory dwelling.
Sec. 64-1824. Quarries and surface mining sites.
Sec. 64-1825. Personal care home/assisted living.
Sec. 64-1826. Private correctional facility/prison.
Sec. 64-1827. Race track.
Sec. 64-1828. Recreational fields.
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Sec. 64-1829. Recycling center, processing.
Sec. 64-1830. Salvage, storage and junk facility.
Sec. 64-1831. School, private or special.
Sec. 64-1832. Self-storage/mini.
Sec. 64-1833. Self-storage/multi.
Sec. 64-1834. Senior housing.
Sec. 64-1835. Skywalks.
Sec. 64-1836. Stadium (off-site) associated with private school.
Sec. 64-1837. Transfer station, solid waste.
Sec. 64-1838. Exotic or wild animals.
Sec. 64-1839. Apartments.
Sec. 64-1840. Barns or riding areas.
Sec. 64-1841. Rowhouses/townhouses.
Secs. 64-1842—64-1856. Reserved.
Sec. 64-1797. Agricultural-related activities.
It is the intent of this division to allow certain agricultural -related activities with a use permit in
compliance with the development standards below to preserve the nature of agricultural areas. Such uses
shall include, but not be limited to, petting zoo, educational tours, dude ranches, picnicking, and pay
fishing.
(1) Required district. AG-1.
(2) Standards.
a. Minimum lot size shall be five acres.
b. Permitted curb cut access shall not be from a local street.
c. Food services may be provided.
d. A minimum of 100-foot setback is required from all property lines for activity areas,
including parking.
e. All structures housing animals shall be set back a minimum of 100-feet from all property
lines.
f. All parking and access areas must be of an all weather surface . per article VIII, Festivals,
Outdoor.
g. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA
shall not be exceeded at property lines of adjacent residential districts or AG -1 districts
used for single-family dwellings.
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h. Hours of operation shall commence no earlier than 6:00 a.m. and cease by 10:00 p.m.
i. If located adjacent to any residential district or an AG -1 district used for single-family
dwellings, the minimum buffers and landscape strips required for the O -I district as
specified in article III of this zoning ordinance shall be required.
j. Sanitary facilities or trash receptacles shall be located a minimum of 100 feet from a
property line of any residential district and/or AG-1 district used for single-family dwellings.
Sec. 64-1798. Aircraft landing area.
(a) Required districts. All.
(b) Standards.
(1) For fixed wing aircraft, a 1,000 foot clear zone extending from the end of all runways shall be
secured through ownership or easement, but in no case shall the end of a runway be closer
than 200 feet from any property line.
(2) For both fixed and rotary-wing aircraft, neither the landing area nor any building, structure or
navigational aid shall be located within 400 feet of a property line adjacent to any residential
district or AG-1 district used for single-family dwellings.
(3) Landing areas for fixed wing and rotary wing aircraft shall be designed to comply with the
Airport Design Guide of the Federal Aviation Administration.
(4) If located within or adjacent to a residential district or AG -1 district used for single-family
dwellings, the hours of operation shall be limited to 7:00 a.m. to 11:00 p.m.
(5) A use permit for an aircraft landing area shall have no force and effect except for requesting a
land disturbance permit prior to filing a satisfactory FAA airspace analysis with the director of
the community development department.
(6) In accordance with section 64-2127, submit an environmental impact report as required.
Sec. 64-1799. Amateur radio antenna to exceed the administrative permit height.
(a) Purpose. It is the intent of this section to regulate the placement of amateur radio towers in a manner
that does not impose on public health, safety, general welfare. (See also section 64-1593.)
(b) Design, placement and height requirements. The following regulations on design, location,
placement, and height limits of antennas in residential districts implements city's governmental
interest in land planning, aesthetics and public safety by requiring the following use permit standards:
(1) Required districts. All.
(2) Standards.
a. Antennas shall be located in the rear yard.
b. The request to exceed the height of 90 feet shall be accompanied by a written justification
of its intent by the licensee. Under no circumstances shall an antenna exceed 200 feet in
height.
c. All antennas shall be set back from the property line one -third the height of the antenna or
the district setback requirements, whichever is greater. How ever, the antenna must be
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located a distance equal to or greater than the antenna height from the nearest residential
dwelling, excluding the primary dwelling or structure which is located on the same lot as
the antenna.
d. Antennas shall not be lighted.
e. All antennas must be constructed with an anticlimbing device.
f. Antennas shall be painted in a neutral color identical or closely compatible with
surroundings.
g. All guy wires must be anchored on site and outside of right -of-way.
Sec. 64-1800. Amphitheaters.
(a) Required districts. AG-1, O-I, MIX, C-1, C-2, M-1A, M-1, and M-2.
(b) Standards.
(1) Lot area shall be a minimum of ten acres.
(2) The stage shall be located a minimum of 600 feet from adjacent properties zoned for residential
use and/or AG-1 districts used for single-family dwellings.
(3) Permitted curb cut access shall be only from an arterial street.
(4) A minimum 100-foot buffer and ten-foot improvement setback shall be provided adjacent to
residential districts, property zoned for residential use zoning or development or AG -1 districts
when used for single-family dwellings.
(5) A minimum 50-foot buffer and ten-foot improvement setback shall be provided adjacent to
nonresidential districts zoning or development.
(6) A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA
shall not be exceeded at the property lines of adjacent residential districts and/or AG -1 districts
used for single-family dwellings.
(7) Eight-foot high fencing shall be provided adjacent to properties zoned for residential use or AG -
1 districts used for single-family dwellings.
(8) The hours of operation of the facility shall be limited to 8:00 a.m. to 11:00 p.m. when adjacent to
properties zoned for residential use or A G-1 districts used for single-family dwellings.
Sec. 64-1801. Reserved.
Editor's note—
Section 1 of Ord. No. 10-08-72, adopted Aug. 16, 2010, repealed § 64-1801, which pertained to
antenna tower and associated structure (radio, T.V., microwave broadcasting, etc.) to
exceed the district height.
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Sec. 64-1802. Bed and breakfast.
(a) Required districts. AG-1 (Agricultural), R-6, and TR (Townhouse residential).
(b) Standards.
(1) A minimum of two guestrooms and a maximum of five guestrooms are permitted.
(2) No parking in the minimum front yard.
(3) The bed and breakfast shall be owner occupied.
(4) Permitted curb cut access shall not be from a local street.
(5) The minimum landscape and buffer areas hall be required as specified in article III of this zoning
ordinance for the AG-1 agricultural district.
(6) Parking requirements shall be the same as hotel/motel as specified in article VIII of this zoning
ordinance.
(7) Identification or advertising signs shall be limited to four square feet in surface area and four
feet in height.
Sec. 64-1803. Cemetery and mausoleum (human or pet).
(a) Required districts. All.
(b) Standards.
(1) Permitted curb cut access shall be only from a major thoroughfare, unless in conjunction with a
place of worship.
(2) No building shall be located within 50 feet of a residential district or AG -1 district used for single-
family dwellings.
(3) All structures, including graves, shall be inside meet the minimum yard setbacks or ten feet,
whichever is greater.
(4) If located adjacent to a single family dwelling district or AG-1 district used for single-family
dwellings, the minimum buffers and landscape strips required for the O-I district as specified in
article III of this zoning ordinance shall be required.
Sec. 64-1804. Church, temple or place of worship.
(a) Required districts. Suburban A, Suburban B, Suburban C, R-1, R-2, RR, R-2A, R-3, R-3A, R-4A, R-
4, R-5, R-5A, R-6, TR, NUP, A, A-L, and AG-1.
(b) Standards.
(1) All buildings and use areas/structures other than parking and pedestrian walkways shall be
located at least 100 feet from any adjoining residential district or AG-1 district used for single-
family dwellings.
(2) No parking shall be located within the minimum front yard setback.
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(3) Any associated day care centers, private schools, recreational fields or other uses requiring a
use permit or administrative permit shall be allowed only under a separate approved use permit
or administrative permit for each use.
(4) The minimum buffers and landscape strips required for the O-I zoning district as specified in
article III of this zoning ordinance shall be required.
Sec. 64-1805. Commercial amusement, outdoor.
This section includes, but is not limited to, amusement parks, bungee jumping par ks, skateboard
parks, ski slopes, batting cages, miniature golf, drive -in theaters, etc. (See also section 64-1810 driving
ranges.)
(1) Required districts. C-2, M1-A, M-1 and M-2.
(2) Standards.
a. Permitted curb cut access shall be derived only from arterial streets.
b. A minimum 100-foot buffer and ten-foot improvement setback shall be provided adjacent to
residential districts or AG-1 districts used for single-family dwellings.
c. A minimum 50-foot buffer and ten-foot improvement setback shall be provided adjacent to
nonresidential zoning or development districts.
d. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA
shall not be exceeded at property lines of adjacent residential districts or AG -1 districts
used for single-family dwellings.
e. Eight-foot high fencing shall be provided adjacent to any resid ential district or AG-1 district
when used for single family and interior to any required landscape strips or buffers.
f. The hours of operation of the facility shall be limited to 8:00 a.m. to 11:00 p.m. adjacent to
residential districts or AG-1 when used for single-family dwellings.
g. All recreational structures and activities shall maintain a minimum setback of 100 feet from
any public right-of-way.
h. The height limits of the zoning district shall apply to all recreational structures unless a use
permit to exceed the height is granted (See section 64-1816).
Sec. 64-1806. Composting.
(a) Required districts. AG-1.
(b) Standards.
(1) Lot area shall be a minimum of five acres.
(2) Permitted curb cut access shall be derived from an arterial or major collector.
(3) The hours of operation shall be between the hours of 7:00 a.m. to 6:00 p.m.
(4) All operations shall maintain a minimum setback of 100 feet from all property lines.
(5) The minimum buffers required are as specified for the M -1 district. (See article III of this zoning
ordinance.)
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(6) On-site traffic shall be limited to an all-weather surfaced area.
(7) Stored materials shall be contained in such a manner as to prevent the blowing of any materials
onto any surrounding property or roadway.
(8) The composting facility shall obtain all necessary permits from the state department of natural
resources, environmental protection division.
(9) A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA
shall not be exceeded at property lines of adjacent residential districts or AG -1 districts used for
single-family dwellings.
(10) In accordance with section 64-2127, submit an environmental impact report as required.
Sec. 64-1807. Convalescent center/nursing home/hospice.
(a) Required districts. R-6 and TR. This section is allowed as a permitted use in districts O -I, MIX, A, A-
L, C-1 and C-2.
(b) Standards.
(1) Facilities shall be for five persons or more.
(2) Permitted curb cut access shall be from an arterial or a major collector.
(3) Provide the minimum landscape strips and buffers as required for the O -I zoning district as
specified in article III of this zoning ordinance.
(4) Provide a 50-foot building setback from all single family districts or AG -1 districts used for
single-family dwellings.
(5) No parking allowed within the minimum front yard setback.
(6) Rooms or suites of rooms may be designed with sep arate kitchen facilities.
(7) Facility shall comply with applicable local, state, and federal regulations.
(8) In accordance with section 64-2131, submit a noise study report as required.
Sec. 64-1808. Country inn.
(a) Required districts. AG-1.
(b) Standards.
(1) Lot area shall be a minimum of five acres.
(2) A minimum of six guestrooms and a maximum of 30 rooms are permitted. (See section 64-
1802, bed and breakfast, for less than six guestrooms.)
(3) The country inn shall be owner occupied.
(4) Permitted curb cut access shall be from a minor collector or higher road classification.
(5) The establishment may provide meal services to guests.
(6) Parking shall not be permitted within the minimum front yard setback.
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(7) The minimum landscape strip and buffer requirements for the O -I district as specified in article
III of this zoning ordinance shall be required.
(8) Identification or advertising signs shall be limited to one sign of not more than nine square feet
and no more than four feet in height.
(9) Parking requirements shall be the same as hotel/motel as specified in article VIII.
Sec. 64-1809. Day care facility.
(a) Required districts. R-6, TR, A, and A-L. May be allowed in single-family districts and AG-1 in
conjunction with an institutional use such as a church, temple, place of worship, school or a hospital.
This section is allowed as a permitted use in districts CUP, O -I, MIX, C-1, and C-2, Deerfield/Hwy 9
Form Based Code and Crabapple Form Based Code.
(b) Standards.
(1) Facility shall be for seven or more persons, excluding staff.
(2) Provide minimum landscape strips, buffers and improvement setbacks as specified for the O -I
district in section 64-237
(3) Provide a minimum six-foot high opaque fence interior to any required landscape strips or
buffers around the periphery of the yard used for the play area.
(4) Play areas shall be located within the rear or side yards.
(5) The hours of operation shall be limited to Monday through Friday from 6:00 a.m. to 7:00 p.m.
(6) No parking allowed in the minimum front yard setback.
(7) Driveway design shall permit vehicles to exit the property in a forward direction.
(8) In accordance with section 64-2131, submit a noise study report as required.
Sec. 64-1810. Driving range (not associated with a golf course).
(a) Required districts. AG-1, O-I, MIX, C-1, C-2, and M-1A.
(b) Standards.
(1) Lot area shall be a minimum of ten acres.
(2) Permitted curb cut access shall be from a major collector or arterial.
(3) Loudspeakers/paging systems are prohibited adjacent to residential districts or AG -1 districts
used for single-family dwellings.
(4) The hours of operation shall be limited to 8:00 a.m. to 11:00 p.m. adjacent to residential districts
or AG-1 districts used for single-family dwellings.
(5) Comply with the night sky illumination ordinance (Chapter 64, Article II, Division 7)
Sec. 64-1811. Equine garment fabrication.
(a) Required districts. AG-1.
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(b) Standards.
(1) Limited to the fabrication and wholesale distribution of blankets, saddles, halters, and other
similar garments.
(2) All fabrication and storage associated with the permitted use shall occur entirely within a
completely enclosed building.
Sec. 64-1812. Festivals or events, outdoor/indoor.
(a) Required districts. AG-1, O-I, MIX, C-1, C-2, M-1A, M-1, and M-2. This section includes, but is not
limited to, horse shows, carnivals, dog shows, arts and crafts shows, music festivals, etc. (See
festivals or events, occasional, if not covered herein.)
(b) Standards.
(1) Permitted curb cut access shall not be from local streets.
(2) Eight-foot high 100 percent opaque fencing shall be p rovided adjacent to residential districts or
AG-1 districts used for single-family dwellings.
(3) Hours of operation shall be betweennot exceed the hours of 8:00 a.m. and 11:00 p.m. when
adjacent to residential districts or AG-1 districts used for single-family dwellings.
(4) Activity areas, including parking, shall be at least 100 feet from a residential district or AG -1
districts used for single-family dwellings.
(5) A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA
shall not be exceeded at property lines of adjacent to land which is used for residential districts
or AG-1 districts used for single-family dwelling purposes.
(6) The festival or event shall be limited to a three-year period from the date of the city council's
approval not to exceed a total of 180 consecutive days in a calendar year.
Sec. 64-1813. Group residence.
(a) Required districts. R-6 and TR. This section is allowed as a permitted use in districts A, A -L, O-I,
MIX, C-1 and C-2.
(b) Standards.
(1) Facilities shall be for five persons or more.
(2) Permitted curb cut access shall not be allowed from a local street.
(3) The minimum landscape strips and buffers required for the O -I district as specified in article III
of this zoning ordinance shall be provided.
(4) Parking shall not be permitted within the minimum front yard.
(5) Facility shall comply with applicable local, state, and federal regulations and provide the
community development department with the applicable permit prior to the issuance of a
certificate of occupancy.
(6) Facility shall not be located closer than a quarter mile to the nearest property line of another
group residence.
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Sec. 64-1814. Group residence for five to eight children.
(a) Required districts. AG-1, R-1, R-2, R-2A, R-3, R-3A, R-4, R-4A, R-5, R-5A, SUB-A, SUB-B, SUB-C,
NUP, CUP.
(b) Standards.
(1) Facility shall be for no more than eight children.
(2) Parking shall comply with the requirements of article VIII of this zoning ordinance for dwellings.
(3) Copies of applicable local, state, and federal permits shall be provided to the community
development department prior to the issuance of a certificate of occupancy.
(4) Facility shall not be located closer than a quarter mile to the nearest property line of another
group residence.
Sec. 64-1815. Group residence for nine to 15 children.
(a) Required districts. R-6 and TR.
(b) Standards.
(1) Facility shall be for no more than 15 children.
(2) Parking shall comply with the requirements of article VIII of this zoning ord inance for dwellings.
(3) Copies of applicable local, state, and federal permits shall be provided to the community
development department prior to the issuance of a certificate of occupancy.
(4) Facility shall not be located closer than a quarter mile to the nearest property line of another
group residence.
Sec. 64-1816. Height; to exceed district maximum.
(a) Required districts. O-I, A, A-L, MIX, C-1, C-2, M-1, M-1A and M-2.
(b) Standards.
(1) Submit a site plan along with the application which shall depict the open space and spatial
arrangement of buildings and facilities.
(2) Sources of exterior illumination shall not be visible from adjoining residences.
Sec. 64-1817. Kennel or outside animal facilities.
(a) Required districts. C-2, M-1, and M-2. (See section 64-1615 for enclosed kennels.)
(b) Standards.
(1) Minimum one-acre lot size is required.
(2) Buildings and runs, sun areas, exercise yards, patios or facilities other than parking shall be
located at least 100 feet from all property lines and 200 feet from any single -family district or
AG-1 district used for single-family dwellings.
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Sec. 64-1818. Landfill, inert waste disposal.
(a) Required districts. AG-1, M-1 and M-2.
(b) Standards.
(1) No access shall be allowed from local streets.
(2) Access streets shall be paved and shall be able to withstand maximum load limits established
by the state as approved by the director of public works.
(3) No portion of a new landfill shall be located within a three mile radius of the property lines of an
existing landfill.
(4) The waste disposal boundary of a landfill shall be located at least 500 feet from all property
lines except adjacent to M-1 (Light Industrial) and M-2 (Heavy Industrial) zone districts.
(5) A minimum 200-foot buffer and ten-foot improvement setback shall be required along all
property lines except public rights-of-way.
(6) A minimum 50-foot buffer and ten-foot improvement setback shall be required along all public
rights-of-way.
(7) A minimum six-foot high solid fence or wall shall be located on property lines or interior to the
required buffers and improvement setbacks.
(8) Limit hours of operation from 6:00 a.m. to 6:00 p.m., Monday through Saturday.
(9) The owner shall provide the director of the community development departme nt a current copy
of all applicable permits from the Georgia Department of Natural Resources upon application for
a land disturbance permit.
(10) Vehicles shall be allowed into a landfill site only if waste is covered to prevent blowing of
material from the vehicle.
(11) In accordance with section 64-2127, submit an environmental impact report as required.
(12) No portion of a new or expanded landfill shall be located within a one -mile radius of the property
lines of residentially zoned or used property. An expanded landfill shall not include any
expanded use within the parcel boundaries of an existing site or location.
(13) The landfill shall be operated in accordance with:
a. The Rules of Georgia, Department of Natural Resources, Environmental Protection
Division, Ga. Comp. Rules and Regs. 391 -3-4, Solid Waste Management;
b. O.C.G.A. § 12-8-20, Georgia Comprehensive Solid Waste Management Plan: and
c. 40 CFR 258 (subtitle D of RCRA).
Sec. 64-1819. Landfill, solid waste disposal.
(a) Required districts. M-2.
(b) Standards.
(1) No access shall be allowed from local street s.
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(2) Access streets shall be paved and shall be able to withstand maximum load limits established
by the state as approved by the director of public works.
(3) No portion of a new landfill shall be located within a three -mile radius of the property lines of an
existing landfill.
(4) The waste disposal boundary of a landfill shall be located at least 500 feet from all property
lines except adjacent to M-1 (Light Industrial) and M-2 (Heavy Industrial) zone districts.
(5) A minimum 200-foot buffer and ten-foot improvement setback shall be required along all
property lines except public rights-of-way.
(6) A minimum 50-foot buffer and ten-foot improvement setback shall be required along all public
rights-of-way.
(7) A minimum six-foot high solid fence or wall shall be located on property lines or interior to the
required buffers and improvement setbacks.
(8) Limit hours of operation from 6:00 a.m. to 6:00 p.m., Monday through Saturday.
(9) The owner shall provide the director of the community development department a current copy
of all applicable permits from the Georgia Department of Natural Resources upon application for
a land disturbance permit.
(10) Vehicles shall be allowed into a landfill site only if waste i s covered to prevent blowing of
material from the vehicle.
(11) In accordance with section 64-2127, submit an environmental impact report as required.
(12) No portion of a new or expanded landfill shall be located within a one -mile radius of the property
lines of a residentially zoned or used property. An expanded landfill shall not include any
expanded use within the parcel boundaries of an existing site or location.
(13) The landfill shall be sited and operated in accordance with:
a. The Rules of Georgia, Department of Natural Resources, Environmental Protection
Division, Ga. Comp. Rules and Regs. 391-3-4, Solid Waste Management:
b. O.C.G.A. § 12-8-20, Georgia Comprehensive Solid Waste Management Plan: and
c. 40 CFR 258 (subtitle D of RCRA).
Sec. 64-1820. Landscape business.
It is the purpose of the regulation to permit the filing of a permit application, within an area zoned AG -
1(agricultural), for the operation of a landscape business. Such use may only be permitted where it is
determined that such use will be compatible wit hin the specific area identified within the application.
Allowing such use by permit only provides an opportunity for a business owner to operate such use
in property zoned AG-1(agricultural), while creating a mechanism for review, oversight and registrat ion of
the use. The following standards place basic limitations on such use and establish criteria to aid in the
evaluation of an application for a landscape business. It is understood that proposals for a landscape
business will vary in scope and that bas ed on the specific location and surrounding uses, individual
properties will be suited for differing intensities of operation. It is further understood that some sites will
simply not be suited at all for such use. The burden shall be on the applicant to d emonstrate that the
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proposed use is compatible with the specific site and surrounding area and in compliance with the criteria
set forth in this section.
In accordance with the above purpose, a permit for a landscape business in an area zoned AG -1
(agricultural) may be issued, subject to the following requirements:
(1) No retail or wholesale sales shall occur on the property except for sales at roadside produce
stands.
(2) No individual building, used for the business operation, shall exceed 2,000 square feet, and the
total square footage of all such buildings shall not exceed 5,000 square feet. The size of each
building and the total size of all buildings may be reduced based on the compatibility with
surrounding uses.
(3) The design of any proposed building(s) shall comply with the appropriate overlay district.
(4) All use areas, storage areas, dumpsters, or structures other than parking and pedestrian
walkways shall be located at least 75 feet from any adjoining residential district or AG -1
(agricultural) district.
(5) A maximum of six employee vehicles may be parked on the property at any time. Parking
spaces shall be designed and placed in a manner that minimizes the impact or detraction from
neighboring properties. Personal vehicles shall only be pa rked in approved designated
locations.
(6) A maximum of two commercial vehicles used for the landscape business shall be screened
such that they cannot be viewed from adjacent properties or the public right -of-way and shall be
parked on specifically identified portions of the property. Additional commercial vehicles and
equipment must be parked and/or stored inside a building. This excludes commercial vehicles
delivering materials or equipment to the business which may park temporarily on the property
not to exceed 90 minutes.
(7) Hours of operation and vendor material deliveries shall occur between the hours of 7:30 a.m.
and 7:30 p.m., Monday [through] Friday and 9:00 a.m. to 6:00 p.m. on Saturdays.
(8) Storage of landscape materials on the property may be permitted in limited quantities provided
the materials are specifically identified on the site plan and confined. Such plan shall show the
location and means of confinement of any material to be stored. Material may include bark
mulch, topsoil, sand-based material, stone, brick, concrete block, peat moss, plants and
timbers. Limited quantities of fertilizer and/or insecticide may also be stored, provided they are
in the manufacturer's original sealed containers and placed inside of a building and in
compliance with local, state and federal regulations.
(9) All landscape debris and refuse shall be contained in appropriate sized containers and no
debris or refuse shall be stored on the ground.
(10) The on-site bulk storage of gasoline, diesel fuel, other petroleum products, fertilizers,
insecticides or any other environmentally sensitive material is prohibited.
(11) The proposed use shall not create noise, odors or produce light spillage that is considered a
nuisance under Georgia law.
(12) Access shall only be allowed from minor arterial or collector streets as depicted in the City of
Milton Transportation Plan Inventory of Existing Conditions Report Map 5, dated April 2009.
(Ord. No. 11-05-97, § 1, 5-16-2011)
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Editor's note—
Section 1 of Ord. No. 11-05-97, adopted May 16, 2011, changed the title of § 64-1820 from
"Landscaping business, plant nursery or garden center with indoor retail component" to
"Landscape business."
Sec. 64-1821. Lodge, retreat and campground.
(a) Required districts. AG-1, M-1A, M-1 and M-2. This section includes facilities of lodging and food
service for social, educational and recreational purposes.
(b) Standards.
(1) Minimum lot size shall be ten acres.
(2) Permitted curb cut access shall not be derived from a local street.
(3) A minimum 100-foot-wide buffer and ten-foot improvement setback are required adjacent to
residential districts, AG-1 districts used for single-family dwellings and adjoining a public street.
(4) A minimum 50-foot-wide buffer and ten-foot improvement district are required adjacent to all
other nonresidential districts.
(5) Length of the stay for all but permanent staff shall not exceed 30 consecutive days.
(6) Sanitary facilities or trash receptacles shall be located a minimum of 200 feet from any
residential district or AG-1 district when used for single-family dwellings.
(7) A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA
shall not be exceeded at property lines of adjacent residential districts or AG -1 districts used for
single-family dwellings.
(8) Recreational facilities associated with the use shall be for staff and guests only.
(9) One parking space per lodging unit or five per 1,000 square feet of floor area, whichever is
greater.
Sec. 64-1822. Medical-related lodging.
(a) Required districts. R-6 and TR. This section is allowed as a permitted use in districts A and A-L.
(b) Standards.
(1) Total number of bedrooms or units shall not exceed 20, including staff facilities.
(2) Rooms or suites of rooms may be designed with separate kitchen facilities.
(3) Lodging facility shall be located within one mile of a hospital or inpatient clinic.
(4) Facilities locating in a TR district must have frontage on streets with classifications higher than
local streets.
(5) If located adjacent to a single-family district or an AG-1 district used for single -family dwellings,
the minimum buffers and landscape strips required for the O -I district as specified in article III of
this zoning ordinance shall be required.
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(6) Off-street parking requirements shall be one per living unit plus one per nonresident employee.
Parking is not allowed in the front yard setback.
(7) Signs shall not exceed four square feet in area and four feet in height.
Sec. 64-1823. Mobile home; accessory dwelling.
(a) Required districts. AG-1.
(b) Standards.
(1) The mobile home shall be limited to a three -year period from the date of the city council's
approval, after which the mobile home shall be removed unless an additional use permit has
been granted.
(2) The mobile home shall be located in the rear yard of an existing residential structure in
conformance with the yard standards for the location of accessory buildings.
(3) The mobile home shall be for the exclusive use of and occupancy by a member of the family or
a near relative of the occupant of the existing structure, including father, mother, sister, brother,
daughter-in-law, son-in-law, child, ward or guardian.
Sec. 64-1824. Quarries and surface mining sites.
(a) Required districts. AG-1, M-2.
(b) Standards.
(1) No portion of a new or expanded quarry shall be located within a 1.5 -mile radius of the property
lines of a residentially zoned or used property. An expan ded quarry shall not include any
expanded use within the parcel boundaries of an existing site or location.
(2) No portion of a new or expanded surface mining site shall be located within a 500 -foot radius of
the property lines of a residentially zoned or used property. An expanded surface mining site
shall not include any expanded use within the parcel boundaries of an existing site or location.
(3) All activities of a quarry or surface mining shall be in compliance with the:
a. Georgia Blasting Standards Act of 1978;
b. 1968 Georgia Surface Mining Act; and
c. U.S. Bureau of Mines RI 8507.
Sec. 64-1825. Personal care home/assisted living.
(a) Required districts. R-6 and TR. This section is allowed as a permitted use in districts O -I, A, A-L,
MIX, C-1 and C-2.
(b) Standards.
(1) Facilities shall be for five persons or more.
Comment [RM2]: The PC recommended
deletion at the March PC meeting for the entire Use
Permit
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(2) Permitted curb cut access shall be from an arterial or a major collector. Permitted curb cut
access may be allowed from a minor collector if within 1,000 feet of the property line of an
institutional use.
(3) Provide a 50-foot building setback from single-family districts or AG-1 districts when used for
single-family dwellings.
(4) No parking allowed in the minimum front yard setback.
(5) The minimum parking spaces provided shall be in conformance with health care facilities per
article VIII, division 2 of this zoning ordinance.
(6) Provide landscape strips and buffers as required in the O -I district as specified in article III of
this zoning ordinance.
(7) Rooms or suites of rooms may be designed with separate kitchen facilities.
(8) Facility shall comply with all applicable local, state, and federal regulations, and provide
applicable permits to the community development department prior to the issuance of a
certificate of occupancy.
(9) In accordance with section 64-2131, submit a noise study report as required.
Sec. 64-1826. Private correctional facility/prison.
(a) Required districts. M-1, M-2.
(b) Standards.
(1) Minimum lot size: 100 acres.
(2) All boundary lines of the property included within the use permit must be located at least 500
feet from the properties listed in subsections (b)(2)a. and b. of this section:
a. The property line of Suburban A, Suburban B, Suburban C, R -1, R-2, R-2A, R-3, R-3A, R-
4, R-4A, R-5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1 zoned property or property
conditioned or used for residential purposes.
b. The property line of any public recreational facilities, public or private institutional uses
including, but not limited to, churches, schools, universities, colleges, trade schools,
libraries, day care centers and other training facilities when minors are the primary patrons.
(3) All boundary lines of the property included within the use permit must be located at least ten
miles from all property lines of any other correctional facility.
(4) Submit, with the application for a use permit, a certified boundary survey of the site and the use
of adjoining properties. If any of the uses or zoning districts referenced in subs ections (b)(2)a.
and b. of this section are located within 500 feet of the boundary lines of the subject property, or
a correctional facility is located within ten miles of the boundary line of the subject property, they
must be identified by map as part of the use permit application.
(5) A minimum 200-foot-wide buffer and ten-foot improvement setback shall be provided adjacent
to any property zoned other than M-1 and M-2 and from any property used for residential
purposes.
(6) A minimum 100-foot wide buffer and ten-foot improvement setback shall be provided adjacent
to property zoned M-1 or M-2.
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(7) Permitted curb cut access shall be from a major thoroughfare.
(8) Parking spaces shall be in accordance with article VIII of this zoning ordinance, hospitals .
(9) Fencing shall be in accordance with American Correction Institute standards and located interior
to required buffers and improvement setbacks.
(10) Lighting shall be in accordance with American Correction Institute standards and the lighting
standards set forth in this zoning ordinance. The more restrictive standards shall apply.
(11) Facility shall comply with all applicable local, state, and federal regulations, and applicable
permits shall be provided to the community development department prio r to the issuance of a
certificate of occupancy.
Sec. 64-1827. Race track.
(a) Required districts. AG-1, M-1 and M-2.
(b) Standards.
(1) A minimum of ten acres is required.
(2) The race track and spectator stands for animal tracks shall be located a minimum of 500 feet
from residential districts or AG-1 districts used for single-family dwellings, and 2,000 feet from
such districts for vehicular tracks.
(3) Permitted curb cut access shall not be from a local street.
(4) A minimum 75-foot buffer and ten-foot improvement setback shall be provided adjacent to
residential districts or AG-1 districts used for single-family dwellings.
(5) A minimum 50-foot buffer and ten-foot improvement setback shall be provided adjacent to all
other property lines non-residential districts or uses .
(6) Provide an eight-foot high fence interior to the required buffer/improvement setback and
landscape strips.
(7) A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA
shall not be exceeded at property lines of adjacent residential districts or AG -1 districts used for
single-family dwellings.
(8) Hours of operation shall be limited to 8:00 a.m. to 10:00 p.m. when adjacent to residential
districts or AG-1 districts used for single-family dwellings.
(9) In accordance with section 64-2127, submit an environmental impact report as required.
Sec. 64-1828. Recreational fields.
(a) Required districts. All. This section includes, but is not limited to, soccer, sof tball, baseball, polo,
football, cricket, etc.
(b) Standards.
(1) Permitted curb cut access shall not be from a local street.
(2) A minimum 50-foot buffer and ten-foot improvement setback shall be provided adjacent to
residential districts or AG-1 districts used for single-family dwellings.
Comment [RM3]: The PC recommended
deletion at the March PC meeting for the entire Use
Permit
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(32) Loudspeakers/paging systems are prohibited adjacent to residentially used property.
(43) The hours of operation shall be limited to daylight hours when said facility is located adjacent to
residential districts or AG-1 districts used for single-family dwellings.
(4) Comply with the night sky illumination ordinance (Chapter 64, Article II, D ivision 7)
Sec. 64-1829. Recycling center, processing.
(a) Required districts. C-2 and M-1A.
(b) Standards.
(1) Limit hours of operation from 7:00 a.m. to 8:00 p.m., Monday through Saturday.
(2) No portion of a new recycling facility shall be located within a three -mile radius of the property
lines of an existing recycling facility.
(3) A minimum 200-foot buffer and ten-foot improvement setback shall be required along all
property lines except public rights-of-way.
(4) A minimum 50-foot buffer and ten-foot improvement setback shall be required along all public
rights-of-way.
(5) All recyclable materials shall be stored in containers with no stockpiling outside the containers.
(6) Collection, storage containers, or receptacles shall not be allowed in minimum yards. Storage
shall be screened with a six-foot high solid wall or fence, including access gates.
(7) The processing of recyclable materials must be done within an enclosed building.
(8) Driveways shall be designed so vehicles will exit the facility in a forward direction.
(9) A maximum continuous sound level of 65 dBA and a maximum peak sound level of 75 dBA
shall not be exceeded at property lines of adjacent residential districts or AG -1 districts used for
single-family dwellings.
(10) The recycling center shall comply with regulations administered by the Fulton County
Department of Health.
(11) In accordance with section 64-2127, submit an environmental impact report as required.
Sec. 64-1830. Salvage, storage and junk facility.
(a) Required districts. M-1 and M-2.
(b) Standards.
(1) No portion of a new salvage, storage, or junk facility shall be located within a three mile radius
of the property lines of an existing salvage, storage, and/or junk facility.
(2) A minimum 200-foot buffer and ten-foot improvement setback shall be required along all
property lines except public rights-of-way.
(3) A minimum 50-foot buffer and ten-foot improvement setback shall be required along all public
rights-of-way.
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(4) All facilities shall be screened from view from adj acent properties and roadways with a minimum
six-foot high solid fence or wall, as approved by the community development department,
except for approved access crossings and utility easements. Said fence or wall shall be located
interior to any required buffer or landscape strip.
(5) Vehicles and other materials shall not be stacked so that they are visible from any adjacent
properties.
(6) In accordance with section 64-2127, submit an environmental impact report as required.
Sec. 64-1831. School, private or special.
(a) Required districts. All.
(b) Standards.
(1) Minimum lot area shall be one acre.
(2) If located within a form based code overlay, adjacent to a single-family dwelling district or AG-1
district used for single-family dwellings, the minimum landscape strips, buffers, and
improvement setbacks required for the O-I district as specified in article III of this zoning
ordinance shall be required.
(3) Buildings, and refuse areas shall not be located within 100 feet of a residential district or AG -1
district used for single-family dwellings.
(4) Active outdoor recreation areas shall not be located within 100 feet of an adjoining residential
district or use. Recreational fields, such as playing fields, that are accessory to the school do
not require a separate use permit.
(5) Day care facilities in association with the school do not require a separate use permit.
(6) Parking areas shall not be located within 50 feet of any residential district or AG -1 district used
for single-family dwellings.
(7) Student dropoff and vehicular turnaround facilities shall be provide d on the site so that vehicles
may re-enter the public street in a forward manner.
(8) Permitted curb cut access shall not be from a local street.
(9) In accordance with section 64-2131, submit a noise study report as required.
Sec. 64-1832. Self-storage/mini.
(a) Required districts. C-1 and C-2.
(b) Standards.
(1) At least 75 percent of the total on-site storage space shall be contained in individual enclosed
stalls containing no more than 500 square feet each and being no more than ten feet high.
(2) No activities other than the dead storage or transfer of nonvolatile goods, or leasing of storage
space are permitted. Prohibited uses include, but are not limited to:
a. Miscellaneous sales;
b. Fabrication or repair of vehicles, equipment or other goods;
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c. Transfer-storage business based on site;
d. Residential uses, other than the resident manager's apartment; or
e. Any use which creates a nuisance due to noise, odor, dust, light or electrical interference.
(3) An on-site manager or resident manager shall be required and shall be responsible for the
operation of the facility in conformance with conditions of approval. A resident manager's
apartment is included in the use permit.
(4) Provide a minimum six-foot high, 100 percent opaque solid wooden fence or masonry wall
along the entire length (except for approved access crossings) of all property lines. Said
fence/wall shall to be located outside of any public right -of-way and interior to any required
landscape strips or buffers.
(5) A new or expanded self storage facility shall be located a minimum of 1,500 feet from the
boundary of any other self-storage facility (mini or multi).
Sec. 64-1833. Self-storage/multi.
(a) Required districts. MIX, C-1, and C-2.
(b) Standards.
(1) No outside storage shall be allowed, including vehicle leasing.
(2) All buildings shall have windows or architectural treatments that appear as windows.
(3) No activities other than the dead storage or transfer of nonvolatile goods, or leasing of storage
space are permitted. Prohibited uses include, but are not limited to:
a. Miscellaneous sales;
b. Fabrication or repair of vehicles, equipment or other goods;
c. Transfer-storage business based on site;
d. Residential uses, other than the resident manager's apartment; or
e. Any use which creates a nuisance due to noise, odor, dust, light or electrical interference.
(4) Permitted curb cut access shall not be from a local street.
(5) A new or expanded self-storage facility shall be located a minimum of 1,500 feet from the
boundary of any other self storage facility (mini or multi).
Sec. 64-1834. Senior housing.
(a) Required districts. A use permit shall be requir ed in any district in which the use is allowed. The use
is allowed in all districts except M-1A, M-1, M-2 and unsewered AG-1.
(b) Standards.
(1) In circumstances where conflict exists between overlay guidelines and this zoning ordinance:
a. Overlay guidelines will generally supersede general ordinance or resolutions;
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b. If the issue is specifically excluded in the overlay, the ordinance or resolution will apply;
and
c. If the issue is addressed in both documents, the more restrictive will apply.
(2) The standards are as follows:
a. Building height shall be in accordance with the underlying zoning.
b. Dwelling units for seniors shall be exempted from any part of this zoning ordinance which
restricts density.
c. No more than 15 dwelling units per acre shall be allowed in a single-family development.
No more than 20 dwelling units per acre shall be allowed in a multifamily development.
d. No dwelling unit shall contain more than two bedrooms.
e. Multifamily dwelling units shall have a minimum of 600 square feet of gross floor area.
Single-family dwelling units shall have a minimum of 800 square feet of gross floor area.
f. A 50-foot principal building setback shall be provided for attached dwelli ng units adjacent
to single-family residential districts or AG-1 districts. Accessory structures may be located
in the rear and side yards only but shall not be located in a minimum yard.
g. Parking spaces shall be calculated as 1(4/10) spaces per dwellin g unit.
h. No parking shall be allowed in the minimum front yard setback.
i. Senior facilities must be served by public water and sewer.
j. Landscape strips and buffers shall be provided as specified in the O -I district in article III of
this zoning ordinance.
k. The property shall be deed restricted to senior housing except as provided for by fair
housing laws.
l. Facility shall comply with all applicable local, state, and federal regulations and copies of
any applicable permits shall be provided to the community development department prior
to the issuance of a certificate of occupancy.
m. Projects are encouraged to incorporate easy living and applicable accessibility standards
as administered and copyrighted by a coalition of state citizens, including:
1. AARP of Georgia;
2. Atlanta Regional Commission;
3. Concrete Change;
4. Georgia Department of Community Affairs;
5. Governor's Council on Developmental Disabilities;
6. Homebuilders Association of Georgia;
7. Shepherd Center; and
8. Statewide Independent Living Council of Georgia.
n. Housing shall have at least 80 percent of the occupied dwelling units occupied b y at least
one person who is 55 years of age or older which shall be verified by the property owner in
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a manner deemed acceptable pursuant to policies and procedures adopted by the director
of the community development department.
o. All units shall be owner-occupied.
Sec. 64-1835. Skywalks.
(a) Required districts. AG-1, O-I, MIX, C-1, C-2, M-1A, M-1, M-2.
(b) Standards.
(1) A minimum vertical clearance of 16 feet above all streets, and a minimum vertical clearance of
16 feet above the walkway shall be provided.
(2) Ample space for the free flow of pedestrians with a 12-foot minimum walkway width shall be
provided.
(3) Prior to issuance of a building permit, a bridge agreement shall be filed with the community
development department as a condition of approval. The community development department
shall be responsible for the interpretation and application of the conditions set forth in
subsections (b)(1) and (2) of this section and no building permit shall be issued by the
community development department except upon written approval of the department of public
works.
Sec. 64-1836. Stadium (off-site) associated with private school.
(a) Required districts. All.
(b) Standards.
(1) Vehicular access is prohibited from a local street.
(2) A minimum 200-foot buffer and ten-foot improvement setback shall be provided along all
property lines adjacent to residential and AG -1 zoned properties.
(3) The hours of operation shall be limited to 8:00 a.m. to 11:00 p.m. adjacent to residential and
AG-1 zoned properties.
(4) A 100-foot setback along any public right -of-way is required for all structures and activities.
(5) The height limit of the zoning district shall apply to all structures unless a use permit to exceed
district maximum height is approved.
(6) Comply with the night sky illumination ordinance (Chapter 64, Article II, Division 7)
Sec. 64-1837. Transfer station, solid waste.
(a) Required district. M-2.
(b) Standards.
(1) No access shall be allowed from local streets.
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(2) Access streets shall be paved and shall be able to withstand maximum load limits established
by the state as approved by the director of public works.
(3) No portion of a new transfer station shall be located within a three -mile radius of the property
lines of an existing transfer station.
(4) A minimum 200-foot buffer and ten-foot improvement setback shall be required along all
property lines except public rights-of-way.
(5) A minimum 50-foot buffer and ten-foot improvement setback shall be required alo ng all public
rights-of-way.
(6) A minimum six-foot high solid fence or wall shall be located on property lines or interior to the
required buffers and improvement setbacks.
(7) Limit hours of operation from 6:00 a.m. to 6:00 p.m., Monday through Saturda y.
(8) The owner shall provide the director of the community development department a current copy
of all applicable permits from the state upon application for a land disturbance permit.
(9) In accordance with section 64-2127, submit an environmental impact report as required.
(10) No portion of a new or expanded solid waste transfer station shall be located within a one -mile
radius of the property lines of a residentially zoned or used property. An expanded solid waste
transfer station shall not include any expanded use within the parcel boundaries of an existing
site or location.
(11) Transfer stations shall be sited and operated in accordance with:
a. The state regulations of Ga. Comp. Rules and Regs. 391 -3-4.06, Permit by Rule for
Collection, Transportation, Processing, and Disposal;
b. O.C.G.A. § 12-8-20, Georgia Comprehensive Solid Waste Management Act;
c. City solid waste management plan; and
d. Waste Transfer Stations: A Manual for Decision-Making (EPA 530-R-02-002, June 2002).
Sec. 64-1838. Exotic or wild animals.
Pursuant to this section, exhibition or display of exotic or wild animals solely for education purposes,
or keeping, rehabilitation or maintaining exotic or wild animals pursuant to a valid, current, state -issued
wild animal license or wildlife exhibition permit shall be allowed only with a use permit issu ed in
compliance with the development standards set forth in this section specifically and pursuant to the
zoning ordinance generally. In the event of conflict, the terms of this section shall prevail.
(1) Requirements.
a. Required district. AG-1.
b. Obtained the appropriate license from the U.S. Department of Agriculture, Animal and
Plant Health Inspection Service (USDA/APHIS) or provide documentation that the
applicant is exempt from USDA/APHIS requirements.
c. Obtained a U.S. Fish and Wildlife Service Permit for Special Purpose Possession if
exhibiting or dealing birds regulated by the USFWS.
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d. Obtained the necessary permit(s) from the Georgia Department of Natural Resources,
Wildlife Resources Division.
(2) Standards.
a. Minimum lot size shall be ten acres.
b. Permitted curb cut access shall not be from a local street.
c. All activity areas, including parking, structures, areas where animals are housed or graze
shall be set back a minimum of 100 feet from all property lines.
d. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA
shall not be exceeded at property lines of adjacent residential districts or AG -1 districts
used for single-family dwellings.
e. Open to visitation by the general public only from 7:30 a.m. to 7:30 p.m.
f. If located adjacent to any residential district or an AG -1 district used for single-family
dwellings, the minimum buffers and landscape strips required for the Northwest Fulton
Rural Milton Overlay District as specified in section 64-1141 section 64-1142 of this zoning
chapter shall be required.
g. Sanitary facilities or trash receptacles shall be located a minimum of 100 feet from a
property line of any residential district and/or AG-1 district used for single-family dwellings.
h. Applicant shall inform the director of comm unity development in writing of the number and
types of animals to be housed on the subject property and any changes thereto based on a
schedule determined and agreed to as part of the use permit.
i. Compliance with all requirements of Chapter 5 of the Ge orgia Game and Fish Code,
O.C.G.A. § 27-5-1 et seq., related to wild animals, and all rules and regulations adopted
pursuant to the authority granted pursuant to O.C.G.A. § 27 -1-4.
(Ord. No. 12-10-151, § 1, 10-15-2012)
Sec. 64-1839. Apartments.
(a) Required districts. Crabapple Form-Based Code, Deerfield/Hwy 9 Form-Based Code.
(b) Standards.
(1) Required off-street parking spaces shall be no greater than 400 feet away, as measured along a
pedestrian walkway, from the door of the unit they serve.
(2) Apartment developments shall incorporate outdoor amenity spaces for the use of occupants,
provided on the lot and available as passive or active recreational space by occupants, subject
to the following:
a. Outdoor amenity space shall be provided in the ratio of 75 square feet per dwelling unit.
b. Outdoor amenity space may be met in one contiguous open area or in multiple open areas
on the lot. To receive credit the area must be at least ten feet in both length and depth.
c. Outdoor amenity space may be located at or above grade.
d. Outdoor amenity space may be roofed but cannot be enclosed.
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e. Outdoor amenity space cannot be parked or driven upon, except for emergency access.
f. In calculating the minimum outdoor amenity space requirement, the following can be
included: swimming pools, paved surfaces and structures when they are a part of approved
features such as gazebos, fountains, and plazas (but excluding any parking areas ser ving
such approved features), ground -level active and passive recreational facilities, roof decks,
and roof top gardens.
g. In calculating the minimum outdoor amenity space requirement, civic spaces counting
towards the minimum requirements of the applicable zoning district may not be included.
(3) All outdoor amenity spaces and other landscaped areas shall be maintained by a professional
landscaper.
(4) A minimum of 50 percent of dwelling units above the first-floor shall have balconies with a
minimum floor dimension of six feet by ten feet.
(5) Adequate provision for the disposal of refuse shall be made within each apartment building, or
such refuse shall be conveyed to a central point or points to facilitate collection. Disposal
arrangements shall be the responsibility of the apartment building owner.
(6) Each dwelling unit shall have central heating and cooling facilities.
(7) Adequate laundry facilities consisting of automatic washing and clothes -drying machines in a
common laundry room shall be provided, or a washer and dryer hook-up shall be installed in
each dwelling unit.
(8) A minimum of 300 cubic feet of separate contiguous storage space shall be provided for each
dwelling unit.
(Ord. No. 13-03-165, §§ 1—3, 3-18-2013)
Sec. 64-1840. Barns or riding areas.
(a) Required district. AG-1 (as required by section 64-415).
(b) Standards.
(1) A minimum 75-foot setback is required for parking when the principal structure is a riding area.
(2) Hours of operation shall commence no earlier than 7:00 a.m. and cease by 10:00 p.m. when the
principal structure is a barn or riding area.
(3) A covered riding area or barn shall not exceed the maximum height of 40 feet.
(4) Loudspeakers or public address systems are prohibited.
(5) A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA
shall not be exceeded at property lines o f adjacent residential districts or AG -1 districts used for
single-family dwellings.
(6) When lighting is utilized on the property, it shall conform to article II, division 7 of the zoning
ordinance.
(Ord. No. 13-04-170, § 1, 4-22-2013)
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Sec. 64-1841. Rowhouses/townhouses.
(a) Rowhouses/townhouses in the Deerfield/Hwy 9 Form -Based Code Overlay District shall only be
permitted subject to the issuance of a use permit.
(b) Standards.
(1) Rowhouses/townhouses shall not be located adjacent to properties desig nated T-2 as
designated on the regulating plan.
(2) The maximum number of attached rowhouse/townhouse units in a building shall be eight.
(3) Rowhouses/townhouses in the Deerfield/Hwy 9 Form Based Code Overlay District shall
conform to article XX, [section] 4.6.6.b.
(4) Rowhouses/townhouses in the Deerfield/Hwy 9 Form Based Code Overlay District shall
conform to article XX, [section] 4.16.7.v.
(5) Rowhouses/townhouses in the Deerfield/Hwy 9 Form Based Code Overlay District shall
conform to article XX, [section] 4.16.8.
(Ord. No. 13-06-176, § 1, 6-17-2013)
Sec. 64-1842. Rural or Agricultural Event Facility.
(a) Required districts. AG-1, R-1, R-2, and R-2A
(b) Standards.
(1) Lot area shall be a minimum of five acres.
(2) Permitted curb cut access shall not be allowed from a local street.
(3) Parking
a. Parking areas for event attendees must be constructed of concrete, asphalt, and/or
gravel or as approved by the Department of Public Works.
b. One parking space per 2.5 attendees is required.
c. Parking areas shall be screened from roads and adjacent properties.
(4) Noise levels measured at the property line shall be in accordance with Chapter 20, Article
VII, Division 2 of the City Code.
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(5) Activity areas such as outdoor dining, entertainment areas, including parking shall be at
least 100 feet from any lot line unless the special event facility and adjacent lot are in single
ownership.
(6) Hours of operation shall not exceed between 9:00 a.m. and 10:30 p.m.
(7) The maximum number of attendees will be evaluated by the Mayor and City Council on a
case by case basis for each site.
(8) Tents used for any event may be set up no more than twenty-four (24) hours in advance and
must be taken down within twenty-four (24) hours after such event.
(9) Location and dimensions of undisturbed buffers, if needed to ameliorate the effects of the
facility, will be evaluated and determined by Mayor and City Council on a case by case basis for
each site.
(10) The design of newly constructed structures is to be consistent with the “Building and Other
Structure Design (Sec 64-1142 (6)) of the Rural Milton Overlay Zoning District.
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Sec. 64-1843. Artist Studio.
(a) Required districts. AG-1, R-1, R-2, R-2A, MIX, O-I, C-1, C-2, Crabapple Form Based
Overlay, Deerfield/Hwy 9 Form Based Code
(b) Standards.
(1) No outside storage allowed.
(2) Shall not generate traffic, sound, smell, vibration, light, or dust that is offensive.
(3) The following standards apply to AG-1 and residentially zoned properties
a. The owner shall reside on the property.
b. No more than two persons can work on the premises including the resident.
c. Only articles or goods produced, assembled, processed or manufactured on the
site shall be sold or exhibited in the studio or on the property.
d. A studio may be located within an accessory structure only where the property
exceeds three acres in size.
e. An accessory structure may contain bathroom facilities and running water.
f. No person may reside within the accessory structure used as a studio.
g. A studio located within the primary residence, shall not exceed the smaller of 25
percent or 750 square feet of the gross floor area of the dwelling unit.
h. If applicable, hours for customers to visit the studio and deliveries are not to
exceed 8 a.m. to 5 p.m., Monday through Saturday.
Editor's note—
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Section 1 of Ord. No. 13-06-176, adopted June 17, 2013, added provisions to the Code
designated as § 64-1840. Inasmuch as § 64-1840 already exists, in order to avoid duplication
and at the editor's discretion, said provisions have been redesignated as § 64-1841
Secs. 64-18424—64-1856. Reserved.
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Sec. 64-1842. Rural or Agricultural Event Facility.
(a) Required districts. AG-1, R-1, R-2, and R-2A
(b) Standards.
(1) Lot area shall be a minimum of five acres.
(2) Permitted curb cut access shall not be allowed from a local street.
(3) Parking
a. Parking areas for event attendees must be constructed of concrete, asphalt, and/or
gravel or as approved by the Department of Public Works.
b. One parking space per 2.5 attendees is required.
c. Parking areas shall be screened from roads and adjacent properties.
(4) Noise levels measured at the property line shall be in accordance with Chapter 20, Article
VII, Division 2 of the City Code.
(5) Activity areas such as outdoor dining, entertainment areas, including parking shall be at
least 100 feet from any lot line unless the special event facility and adjacent lot are in single
ownership.
(6) Hours of operation shall not exceed between 9:00 a.m. and 10:30 p.m.
(7) The maximum number of attendees will be evaluated by the Mayor and City Council on a
case by case basis for each site.
(8) Tents used for any event may be set up no more than twenty-four (24) hours in advance and
must be taken down within twenty-four (24) hours after such event.
(9) Location and dimensions of undisturbed buffers, if needed to ameliorate the effects of the
facility, will be evaluated and determined by Mayor and City Council on a case by case basis for
each site.
(10) The design of newly constructed structures is to be consistent with the “Building and Other
Structure Design (Sec 64-1142 (6)) of the Rural Milton Overlay Zoning District.
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Sec. 64-1843. Artist Studio.
(a) Required districts. AG-1, R-1, R-2, R-2A, MIX, O-I, C-1, C-2, Crabapple Form Based
Overlay, Deerfield/Hwy 9 Form Based Code
(b) Standards.
(1) No outside storage allowed.
(2) Shall not generate traffic, sound, smell, vibration, light, or dust that is offensive.
(3) The following standards apply to AG-1 and residentially zoned properties
a. The owner shall reside on the property.
b. No more than two persons can work on the premises including the resident.
c. Only articles or goods produced, assembled, processed or manufactured on the
site shall be sold or exhibited in the studio or on the property.
d. A studio may be located within an accessory structure only where the property
exceeds three acres in size.
e. An accessory structure may contain bathroom facilities and running water.
f. No person may reside within the accessory structure used as a studio.
g. A studio located within the primary residence, shall not exceed the smaller of 25
percent or 750 square feet of the gross floor area of the dwelling unit.
h. If applicable, hours for customers to visit the studio and deliveries are not to
exceed 8 a.m. to 5 p.m., Monday through Saturday.