HomeMy WebLinkAboutORDINANCE No. 20-09-447 - 09/09/2020 - Amend Sec. 64-1608 and Create 64-1608.1 of the Zoning Ordinance (Ch. 64 of the City Code) – Administrative Permits RZ20-12STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 20-09-447
RZ20-12
AN ORDINANCE TO AMEND SEC. 64-1608 AND CREATE 64-1608.1 OF THE
ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE) -ADMINISTRATIVE
PERMITS
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on September 9, 2020 at 6:00 p.m. as follows:
SECTION 1. That the amendment of Sec. 64-1608 and Sec. 64 -1608.1 to create
an administrative permit "temporary consumer fireworks retail sales facilities" is
hereby adopted and approved; and is attached hereto as if fully set forth
herein, and;
SECTION 2. All ordinances, parts of ordinances , or regulations in conflict herewith
are repealed .
SECTION 3. That this Ordinance shall become effective upon its adoption .
ORDAINED this the 9th day of September 2020.
Joe Lockwood , Mayor
Attest:
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STATE OF GEORGIA
COUNTY OF FULTON
Sec. 64-1608. -Seasonal business use.
ORDINANCE NO. 20-09-447
RZ20-12
(a) Required districts . CUP (with a commercial component), MIX (with a commercial component}, C-1 ,
C-2 , M-1A , M-1 , M-2 . Crabapple Form Based Code -T5 Transect Zone , Deerfield Form Based Code
-T5 and T6 Transect Zones . Allowable in AG-1 and residentially zoned districts only when the
property is occupied by a church , school , lodge/retreat , farm , plant nursery , or as approved by the
community development director for uses compatible with AG-1 district permitted uses, 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 each 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 consecut ive 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 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 site .
(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 drive 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 rev iew and a building
permit.
All tents are subject to the fire department's approval
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STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 20-09-447
RZ20-12
(10) No equipment , vehicle , display or sales activity shall block access to a public facility such as a
telephone booth , mailbox , 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 .
Sec. 64-1608. l -Temporary consumer firework s retail sales facilities
(a) Required districts . Crabapple Form Based Code TS Transect Zone, Deerfield Form Based
Code TS and T6 Transect Zones. Not allowable elsewhere.
(b )Standard s .
(1) The permit shall not exceed a total of 30 consecutive days for each use.
(2) Said permit must be posted on site such that it is v isi ble from the street. An application for
said permit shal 1 be made no less than 30 days prior to the start of use.
(3) The hours of operation shall be 8:00 a .m. to 8 :00 p.m.
( 4) 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 in coordination with the City Fire Marshal. Said drawing
shall also depict north arrow, curb cuts and traffic patterns . After issuance of the permit, a site
and facility inspection are required by the Fire Marshal prior to commencement of sales.
(5) The applicant shall provide a notarized written permi ssio n statement of the property owner
or lease holder of the subject s ite to the community development department. A 24-hour contact
number of the property owner or leaseholder shall be provided along with permit application.
(6) The property on which the temporary consumer fireworks retail sales facility 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 name s of all
established businesses which sell similar or the same merchandise within 1,500 feet of the
proposed vendor s ite.
(7) The facility shall be located within 1,000 feet of a fire hydrant, unless the Fire Chief or
designee of the Milton Fire Department in writing authorizes operation in excess of 1,000 feet.
(8) 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 land scape strip or buffer . Said displays shall also
maintain a minimum setback of ten feet from any internal drive or permitted curb cut.
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STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 20-09-447
RZ20-12
(9)A minimum of six parking spaces s hall be provided for the exc lu sive use of the temporary
consumer fireworks retail sales faci lity and s hall not occupy the minimum required parking
spaces for any other use on site.
(10) No equipment, vehicle, display or sales activity shall block access to a public faci lity such
as a telephone booth, mailbox , parking meter, fire hydrant, fire a larm box, traffic contro l bo x ,
driveway or other access point.
(11) Vending shall not be permitted from any vehic le or from a trailer towed by a motor vehicle
or from a tent, canopy, or membrane structure.
(12) Temporary consumer fireworks retail sales facilities shall not be lo cated within three
hundred (300) feet of the property line of a nursing home , hospital , other health care facility , day
care facility , school , residential dwelling, equestrian facility , active farm , or veterinary facility.
(13) Temporary cons um er fireworks retail sa les facilities shall be no larger than 800 square feet
in size and 15 feet in height as measured from average grade to the top of the roof.
(a.) Faci lity shall on ly be w hite or off-white in color.
(b.) No lettering or grap h ic s ha ll be a ll owed on the Fac ility , except for signage
required by this ordinance or otherwise required by law.
(c.) Only one (1) 24 square foot temporary banner is permitted and shall be black,
white , or off white in co lor.
(d) The retail display area sha ll conta in such signage as may be required by law.
(14) Te mp orary consumer fireworks retail sales facilities shall confonn to all applicable state law,
fire code , and building regulations including NFPA 1124 , 2006 edition .
(Ord . No. 14-06-209 , § 1, 6-16-20 14)
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