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HomeMy WebLinkAboutPacket - PC - 10-23-2007 City of Milton Deerfield Professional Centre 13000 Deerfield Parkway Building 100, Suite 107 E Milton, GA 30004 PLANNING COMMISSION AGENDA Tuesday, October 23, 2007, 7:00 pm Agenda Item Description Meeting Dates** Staff Recommendation PC Recommendation I. Invocation II. Call to Order III. Pledge of Allegiance IV. Public Comment V. Approval of Minutes Minutes from the September 25, 2007 Planning Commission Meeting Approval VI. USE PERMITS Deferred A. U07-003 VC07-007 2540 Hopewell Road To develop a 16,728 square- foot church with 199 fixed seats. Also to request a 3 part concurrent variance to 1) Reduce the 75’ buffer and ten 10’ improvement setback to a 25’ buffer and ten 10’ improvement setback along the south and west property lines (12.H.3.1.C.2). 2) To allow parking between the building and the right of way (Article 12.H.3.5.F.3); 3) To increase the building setback along the right of way (Article 12H.3.5.C.1). CZIM 7/25/07 DRB 8/7/07 PC 10/23/07 MCC 11/15/07 Approval Conditional Withdrawal of Part 1 of VC07-007 Denial of Parts 2 and 3 VC07-007 Defer 30 Days VII. REZONINGS New A. RZ07-007 VC07-005 Southeast corner of Hwy 9 & Deerfield Pkwy To rezone from A (Medium Density Apartments) & C-1 (Community Business) to C-1 (Community Business) to develop a 141,511 square feet of retail, commercial, service, office and accessory uses including fast food restaurants limited to bagel, bakery, coffee houses and ice cream parlors which shall not be freestanding and a gas CZIM 9/26/07 DRB 10/2/07 PC 10/23/07 MCC 11/15/07 Approval Conditional RZ07-007 Denial of Part 1 of VC07-005 Approval of Parts 2 & 3 of VC07-005 **Meeting Codes: CZIM-Community Zoning Information Meeting; DRB-Design Review Board; PC-Planning Commission; MCC-Mayor and City Council W:\Board of Commissions\Planning Commission\MASTERAGENDA10.23.07\Linking Master Agenda\PCAGENDA OCT 07.doc 1 City of Milton Deerfield Professional Centre 13000 Deerfield Parkway Building 100, Suite 107 E Milton, GA 30004 Agenda Item Description Meeting Dates** Staff Recommendation PC Recommendation station. The applicant is also requesting a 3-part concurrent variance; 1.) To reduce the required buffer along the east property line from 100 feet to 25 feet and the 10-foot improvement setback; 2.) To delete the 10’ landscape strip along the south property line. 3.) To allow a loading area within the front yard. VIII. USE PERMITS New B. U07-005 13660 New Providence Road (The Mill Spring Academy) The Grace Church is requesting to use the existing Gym and Assembly Room and the “T” buildings for up to 200 members and the River Lutheran Church to use the Great Room for up to 175 members CZIM 9/26/07 DRB N/A PC 10/23/07 MCC 11/15/07 Approval Conditional IV. TEXT AMENDMENT A. RZ07-013 Zoning Ordinance Article 12H.2 Northwest Overlay District Demolition Permit for both residential and non- residential buildings MCC Work Session – 9/13/07 PC – 10/23/07 MCC- 11/15/07 Approval B. RZ07-014 Zoning Ordinance Article 12A.3.8 Overlay District Authority Amend deadline for consideration of Certificate of Endorsement by the DRB MCC Work Session – 9/13/07 PC – 10/23/07 MCC- 11/15/07 Approval C. RZ07-015 Zoning Ordinance to Delete the following Articles: 12B – Sandy Springs Overlay District 12B(1) – Perimeter Community Improvement District 12C – Cascade Corridor Overlay District 12D – Old National Highway MCC Work Session – 9/13/07 PC – 10/23/07 MCC- 11/15/07 Approval **Meeting Codes: CZIM-Community Zoning Information Meeting; DRB-Design Review Board; PC-Planning Commission; MCC-Mayor and City Council W:\Board of Commissions\Planning Commission\MASTERAGENDA10.23.07\Linking Master Agenda\PCAGENDA OCT 07.doc 2 City of Milton Deerfield Professional Centre 13000 Deerfield Parkway Building 100, Suite 107 E Milton, GA 30004 Agenda Item Description Meeting Dates** Staff Recommendation PC Recommendation Overlay District 12E – Northeast Fulton Overlay District 12F – Sandtown Overlay District 12J – Chattahoochee Hill Country Overlay District 12K – South Fulton Parkway Overlay District 12L – Cliftondale Overlay District 12M – Cedar Grove Overlay District D. RZ07-017 Zoning Ordinance to delete 19.3.1 Alternative Antenna Support Structure to exceed the District Height; 19.3.1(1) Amateur Radio Antenna to Exceed the District Height; Article 19.3.1(2) Antenna, Tower, and Associated Structures (Radio, T.V., Microwave Broadcasting, etc.) to Exceed the District Height; 19.4.7 Antenna Tower and Associated Structure (Radio, T.V., Microwave Broadcasting, etc.) To Exceed the District Height. MCC Work Session – 10/11/07 PC-10/23/07 MCC- 11/15/07 Deferral-30 days X. ADJOURN **Meeting Codes: CZIM-Community Zoning Information Meeting; DRB-Design Review Board; PC-Planning Commission; MCC-Mayor and City Council W:\Board of Commissions\Planning Commission\MASTERAGENDA10.23.07\Linking Master Agenda\PCAGENDA OCT 07.doc 3 PETITION NUMBER(S): U07-003 VC07-007 PROJECT NAME The Church of Jesus Christ of Latter Day Saints PROPERTY INFORMATION ADDRESS 2540 Hopewell Road DISTRICT, LAND LOT 2/2, 678 & 679 OVERLAY DISTRICT Northwest Fulton Overlay EXISTING ZONING AG-1 (Agricultural) PROPOSED ZONING N/A ACRES 5.97 EXISTING USE Abandoned residence and a barn PROPOSED USE Church OWNER Bob Swetnam ADDRESS 2540 Hopewell Road PETITIONER/REPRESENTATIVE Jon Erickson ADDRESS 3525 Mall Boulevard, Suite 6A Duluth GA, 30096 PHONE 770-622-9858 INTENT To develop a 16,728 square-foot church with 199 fixed seats.* In addition, the applicant requests a 3 part concurrent variance to: 1) Reduce the 75’ buffer and 10’ improvement setback to a 25’ buffer and 10’ improvement setback along the south and west property lines (Article 12H.3.1.c.2); 2) To allow parking between the building and the right of way (Article 12.H.3.5.F.3); 3) To increase the building setback along the right of way (Article 12H.3.5.C.1). Based on the applicant’s revised site plan (9/11/07), there is no longer a need for part 1 of the concurrent variance. *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 1 of 21 UP07-003 VC07-007 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION APPROVAL CONDITIONAL – U07-003 DENIAL – VC07-007 PARTS 2 AND 3 WITHDRAWAL – VC07-007 PART 1 CITY OF MILTON PLANNING COMMISSION This item was deferred on August 28, 2007 to allow the applicant to revise his site plan. On September 25, the Planning Commission reviewed the revised site plan and asked if the applicant would consider relocating the septic field to the front along Hopewell Road and locate the parking to the rear of the building. The applicant researched the proposed redesign and concluded that a pump would need to be installed to service the septic field since it is located higher than the building. The applicant has concluded that this would not be feasible for the church. Therefore, the applicant is requesting to WITHDRAW this petition at the October 23, 2007 meeting. *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 2 of 21 UP07-003 VC07-007 LOCATION MAP 10/16/2007 UP07-003 VC07-007 *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 Page 3 of 21 CURRENT ZONING MAP 10/16/2007 UP07-003 VC07-007 *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 Page 4 of 21 SITE PLAN – July 3, 2007 (see revised plan dated September 11, 2007) 10/16/2007 UP07-003 VC07-007 *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 Page 5 of 21 REVISED SITE PLAN – September 11, 2007 10/16/2007 UP07-003 VC07-007 *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 Page 6 of 21 View from Cogburn Road View from Hopewell Road *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 7 of 21 UP07-003 VC07-007 Existing utility boxes SUBJECT SITE: The subject site is a 5.97 acre tract of agriculturally zoned land, located on the southwest corner of the Hopewell Road and Cogburn Road intersection. The subject site is developed with an abandoned residence and a barn. It is located within the Agricultural, Forestry and Mining Land Use designation on the Focus Fulton 2025 Comprehensive Land Use Plan. Existing uses and zoning of nearby property (See Map following table) Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area Northeast 1 (AG-1) AG-1 (Agricultural) Champions View Subdivision 1 unit/acre (Est. 3,500 sq.ft.) Further East 2 (AG-1) AG-1 (Agricultural) Clearbrook Subdivision 1 unit/acre (Est. 3,000 sq.ft.) East 3 (AG-1) AG-1 (Agricultural) Undeveloped N/A South/West 4 (AG-1) AG-1 (Agricultural) Various SF Residential 1 unit/acre (Various sq.ft.) Northwest 5 (AG-1) AG-1 (Agricultural) Bethwell Community Center N/A North 6 (AG-1) AG-1 (Agricultural) Atlanta Equine Clinic N/A *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 8 of 21 UP07-003 VC07-007 EXISTING USES AND ZONING MAP *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 9 of 21 UP07-003 VC07-007 In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Article 19.2.4 of the Zoning Ordinance; Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: A. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: Provided the applicant complies with the Recommended Conditions of this petition and the Use Permit requirements of Article 19.4.10 of the Zoning Ordinance, the proposed development is consistent with the intent and following policies of the Comprehensive Plan: • Encourage compatible institutional uses in neighborhoods and communities. • Encourage development consistent with the surrounding scale, transition of densities and uses, and Comprehensive Plan policies, where appropriate. B. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed; If developed in accordance with Staff’s Recommended Conditions and the provisions of the Zoning Ordinance, the proposed church is expected to be compatible with other land uses in the surrounding area. C. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development; The proposed use does not violate any known local, state and/or federal statutes, ordinances or regulations governing land development. D. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets; The proposed use may generate an increase in traffic, but recommended conditions should mitigate the increase in traffic. E. The location and number of off-street parking spaces; Article 18.2.1 requires the applicant to provide a minimum of ninety-three (93) parking spaces for the proposed development. Article 12H.3.5.F.3 does not permit parking to be located to the front of a building and/or *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 10 of 21 UP07-003 VC07-007 between a building and the right-of-way. The applicant is requesting a concurrent variance to allow parking between the building and the street which will be discussed later in the report. The applicant’s revised site plan indicates one-hundred seventy-six (176) parking spaces which exceed the requirements set out by Article 18.2.1, furthermore the parking spaces are not located outside the 60-foot front yard building setback as required by Article 19.4.10.B.2 along Hopewell Road. F. The amount and location of open space; The applicant’s site plan indicates that approximately half of the subject site remains undeveloped. Staff is of the opinion that the proposed development will provide adequate open space for the proposed development, but the amount of open space would be greater without the proposed excessive parking. G. Protective screening; If developed in accordance with the requirements of the Zoning Ordinance and the Northwest Fulton Overlay District, the buffer and landscape strips and the existing screening around the structures will provide adequate screening for the proposed development. H. Hours and manner of operation; The applicant has stated that the operations for the church will be primarily on Sunday with the potential of up to three (3) overlapping services. The first service would begin around 9:00 a.m. and the overlapping services would last into the afternoon. There will be two congregations or “wards” meeting at the same time for approximately an hour. One ward would be in the sanctuary while the other would be meeting in the classrooms. The applicant specified that this particular church would most likely start off with two (2) services on Sunday, with the potential of a third given a need. The facility also has the potential to hold community gatherings during the week, but these are subject to demand. Staff is of the opinion that this use will not negatively impact the adjacent properties if the Staff’s Recommended Conditions are implemented to minimize the increased number of trips generated by the use. Typically, this type of use is utilized by residents and employees who are already utilizing the surrounding road system. I. Outdoor lighting; At the time of Land Disturbance Permit the site shall be in compliance with Article 12H.3.4 of the Northwest Fulton Overlay District regarding outdoor lighting. Staff notes that the subject site’s required buffers, and existing *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 11 of 21 UP07-003 VC07-007 screening, will help mitigate the impact of lights on the adjacent properties. J. Ingress and egress to the property. The applicant’s site plan indicates one curb cut on both Hopewell Road and Cogburn Road. Staff further notes that the Traffic Engineer estimates 618 trips per day with 232 peak hour trips (Sunday). Given the limited use of the subject site, Staff is of the opinion that the proposed development will have limited impact upon the community. SITE PLAN ANALYSIS The applicant met with Staff on August 30, 2007 to discuss the various issues raised by Staff, the Planning Commissioners and the Design Review Board. The revised site plan and the following site plan analysis is a result of this meeting. Based on the applicant’s revised site plan submitted to the Community Development Department on September 11, 2007, Staff offers the following considerations: PARKING REQUIREMENTS The following chart illustrates the parking required by Article 18 of the City of Milton Zoning Ordinance for the proposed use: Proposed Use Minimum Requirement Spaces Provided • Church • 1 spaces per 3.5 fixed seats • 176 paved spaces (199 fixed seats) (57 spaces) Total 57 spaces required 176 spaces provided Staff notes that the applicant is providing one-hundred seventy-six (176) parking spaces, which exceeds the required fifty-seven (57) parking spaces required per Article 18 of the City of Milton Zoning Ordinance. The number of spaces have been reduced by ten (10) from the previous site plan. The site plan is compliant with the landscape islands and layout requirements of Article 12H.3.1B. It requires that the applicant provide a 10 foot landscaped island for every 72 feet of double row length or 90 feet of single row length of parking spaces. Use Permit Standards Per Article 19.4.10.B.2 no parking shall be located within the main front yard setback. The site plan shows parking with the front building setback along Hopewell Road. It appears that there is sufficient parking and the 8-10 spaces can be eliminated or relocated. The required buffers and landscape strips required by the Northwest Overlay District supersede those of the use permit. *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 12 of 21 UP07-003 VC07-007 Northwest Overlay District BUILDING SIZE, ORIENTATION, SETBACK, HEIGHT, SCALE, AND PARKING Article 12H.3.5.F.3. requires no on-site parking shall be located to the front of a building and/or between a building and the public right-of-way. Parking shall be located adjacent to internal streets, not a public right-of-way. The site plan indicates parking adjacent to Hopewell and Cogburn Roads. As mentioned above, the site exceeds the minimum number of parking spaces by 129 spaces. Based on the revised site plan submitted on September 11, 2007 the applicant has reduced the total number of parking spaces, and exceeds the required amount by 119. It appears that if the site was reconfigured by adjusting the building position, compliance with parking location could be attained. Therefore, Staff recommends DENIAL of Part 2 of the Concurrent Variance VC07- 007. BUILDING SETBACKS Article 12H.3.5 Section C of the Northwest Overlay District requires a maximum 20-foot building setback from the edge of the required landscape strip and/or easements for all properties and lots located adjacent to public rights-of-way from 0 to 400 feet from an intersection. The applicant is requesting a concurrent variance to increase the setback from 20 feet to 50 feet adjacent to Cogburn Road and 200 feet adjacent to Hopewell Road. Based on the revised site plan submitted on September 11, 2007 the applicant has met the maximum building setback along Cogburn Road but not along Hopewell Road. Therefore, Staff recommends DENIAL of Part 3 for the Hopewell Road frontage of Concurrent Variance VC07-007 along Hopewell Road. BUILDING HEIGHT Article 12H.3.5 Section D.1 of the Northwest Overlay District requires a maximum height limit of two stories with the maximum height 30 feet from average-finished grade to the bottom of the roof eave. The applicant has not specifically indicated the height of the proposed structure, but must meet this standard before obtaining a building permit. LANDSCAPE STRIPS AND BUFFERS Article 12H.3.1 Section C.2 of the Northwest Overlay District requires a 75’ undisturbed buffer, with a 10’ improvement setback, located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses. The applicant requested a concurrent variance to reduce this undisturbed buffer to a 25’ undisturbed buffer with a 10’ setback along the south and west property lines. Based on the revised site plan submitted on September 11, 2007 *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 13 of 21 UP07-003 VC07-007 the applicant no longer needs Part 1 of the concurrent variance. Therefore, Staff recommends WITHDRAWAL of Part 1 of Concurrent Variance VC07-007. PUBLIC INVOLVEMENT On July 25th, 2007 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There were approximately twenty to twenty-five (20-25) members of the community in attendance. Those members of the community expressed concerns about the potential traffic impact on the Hopewell and Cogburn intersection. Furthermore, concern was expressed about the location of the proposed septic field, and how it might impact a nearby well used for drinking water. The applicants presented their plan to the Milton Design Review Board on August 7th, 2007. Public Comments – Staff has not received any comments via e-mail, phone, or letters. City of Milton Design Review Board Meeting – August 7, 2007 The following recommendations were made by the DRB: • Building design should have more of a historical context—do not limit to stock design. • Explore changes to orientation of building—should be no more than 20’ off landscape strip, per Overlay requirements. • Employ 360 degree architecture concepts. Possibly, orient building towards corner. • Move steeple from end of building more to interior. • Currently, building is not the style that the community is looking for. • Tremendous opportunity for landscaped area at corner, around utility equipment. • Reduce number of parking spaces. • Re-work site so that buffers are not reduced. • Bio detention ponds encouraged. • Work with adjacent property owners concerning deceleration lane. City of Milton Design Review Board Meeting – September 13, 2007 The following recommendations were made by the DRB: • Place the building in front of corner. *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 14 of 21 UP07-003 VC07-007 Public Notice Requirements The use permit petition was advertised in the Milton Herald on August 8th, 2007 and the sign was installed before the required date of August 13th, 2007 along the frontages of Hopewell Road and Cogburn Road. The notice of rezoning was sent, to adjacent property owners, on August 3rd, 2007. Public Participation Plan and Report The applicant has met the requirements of the Public Participation Plan. The applicant will be required to submit the public participation report 7 days prior to the Mayor and City Council meeting. CONCLUSION The proposed church is consistent with Council and Plan Policies and compatible with the surrounding area, if developed in accordance with the requirements of the Zoning Ordinance and Staff’s Recommended Conditions. Therefore, Staff recommends APPROVAL CONDITIONAL of the proposed Use Permit for the church. Staff however recommends DENIAL of PARTS 2 AND 3 and WITHDRAWAL of PART 1 of VC07-007. A set of Recommended Conditions are included if the Mayor and City Council chooses to approve the proposed development as submitted. *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 15 of 21 UP07-003 VC07-007 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved USE PERMIT for a church (Article 19.4.10.) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Church and accessory uses for a total of 16,728 square feet. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Milton Community Development Department on September 11, 2007. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) b) No more than one (1) exit/entrance on both Hopewell Road and Cogburn Road. Curb cut locations and alignments are subject to the approval of the Milton Traffic Engineer. To meet and not exceed parking requirements, when calculated using Article 18 Shared Parking; to utilize pervious materials for overflow and perimeter parking spaces or as approved by the Transportation Engineer. 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a. Reserve Right of Way to the City of Milton the necessary property frontage of the following roadways, prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide for compliance with the Transportation Master Plan and the adjacent developments, according to the definitions in the newly established Right of Way Ordinance. *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 16 of 21 UP07-003 VC07-007 b. Dedicate at no cost to the City of Milton prior to the approval of a Land Disturbance Permit or Certificate of Occupancy (whichever comes first), sufficient land as necessary to provide the following rights- of-way, and dedicate at no cost to the City of Milton such additional right-of-way and construction as may be required to: i. Provide 40 feet of right-of-way along the property frontage from the centerline of Cogburn Road ii. Provide Right of way mitre at the intersection as approved by the Transportation Engineer iii. Provide crosswalks at Cogburn/Hopewell/Francis intersection as determined by the Transportation Engineer iv. Lane width addition to twelve feet, Shoulder rehabilitation and addition of two foot paved shoulder for limits of overlay as approved by the Transportation Engineer v. Overlay and striping of full width of Hopewell and Cogburn the length of property lines plus any additional taper lengths necessary, and the limits of the intersection to the return radii or as approved by the Transportation Engineer. vi. Provide adequate right-of-way dedication for addition of the following or as approved by the Transportation Engineer: a. Symmetrical NB Left Turn Lane on Cogburn Rd into site b. Symmetrical EB left turn lane on Hopewell Rd into site c. Trails are required to be installed, fencing installed, trail easements recorded, and an agreement signed for participation in the Adopt A Trail program and shared use by the public of parking lot for trail users. Access points and trail locations shall be along Cogburn on the west side and along Hopewell Rd on the north side (to end at the Bethwell Community Center) or as approved by the Transportation Engineer. d. Driveway entrances shall meet the Community Service Policies and AASHTO guidelines, or roads be reconstructed to meet such criteria, at the approval of the Transportation Engineer. Driveway entrances shall provide for the 95% queue with uninterrupted traffic flow onto the main line and/or a minimum throat length of one hundred feet. 5) To the owner’s agreement to abide by the following: a. The developer’s Professional Engineer shall demonstrate to the City by engineering analysis submitted with the LDP application, that the discharge rate and velocity of the storm water runoff resulting from the development is restricted to seventy-five percent (75%) of the pre- development conditions. Locations shall be as approved by the Stormwater Engineer. *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 17 of 21 UP07-003 VC07-007 b. Stormwater detention facility shall utilize vegetative measures for water quality. Individual Land Disturbance Permits/building permits are strongly encouraged to utilize GASWCC limited application controls such as infiltration trenches, porous surfaces, rain gardens, etc. c. The site shall be limited to 75% impervious at maximum build-out. *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 18 of 21 UP07-003 VC07-007 APPENDIX A Comments on Public Services and Utilities Note: Various City and/or County departments that may or may not be affected by the proposed development provide the following information. Comments herein are based on the applicant’s conceptual site plan and are intended as general non-binding information and in no manner suggest a final finding by the commenter. All projects, if approved are required to complete the City of Milton Plan Review process prior to the commencement of any construction activity. Transportation: Road name: Hopewell Road and Cogburn Road Classification: Collectors, rural 2 lane typical sections Speed Limits: Speed Limits: Hopewell, Cogburn, and Francis are all 45mph. (Applicant map states 35mph) Anticipated Traffic Generation Rates: 232 peak hour total (Sunday), 618 total 24hr 2-way Intersection Analysis by applicant: Growth rate of 3% Existing Level of Service Proposed Future LOS Cogburn Rd/Hopewell Rd EB (Hopewell) A B WB (Francis) A B NB (Cogburn) A B SB (Hopewell) B B Hopewell/North side driveway WB (Hopewell) NA A NB (North site driveway) NA A Cobgurn Rd/East side driveway EB (east site driveway) NA B NB (cogburn) NA A Comments: • The proposed mitigation conditions of zoning are in accordance with the Right of Way Ordinance Section 3.2.d. Rural roadway design at this neighborhood area will not incorporate right turn lanes, thus serving as a traffic calming tool for this Collector. Left turns are required for operational safety. Staff notes that use permit should state no daycare or school use is included at this point in time. Fulton County Health Department: Comments: • This department recommends that the applicant be required to connect the proposed development to public water available to the site. • Due to the inaccessibility of public sewer to serve the proposed development, this department recommends that individual onsite sewage management systems be utilized. However, the “Design Limits for conventional or chamber Septic Tank Systems” *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 19 of 21 UP07-003 VC07-007 for County Health Department as defined by Georgia Department of Natural Resource (DNR) are limited by size and subsurface introduction of effluents. Onsite sewage management systems having a septic tank capacity of greater than ten thousand (10,000) gallons, or where the total length of absorption trenches required, would exceed three thousand (3000) linear feet, or where the total absorption trench bottom area required, would exceed nine thousand (9000) square feet, will be governed and placed under the statutory authority and jurisdiction of the Department of Natural Resources. • Due to the inaccessibility of public sanitary sewer to sewer the proposed development, this department recommends that individual onsite sewage management systems be utilized. However, this department will require all necessary percolation and soil data, required layouts, and supportive data be submitted for review and determined acceptable prior to preliminary plat and/or Land Disturbance Permit (LDP) approval. • Since this proposed development constitutes a premise where people work, live, or congregate, onsite sanitary facilities will be mandatory, prior to use or occupancy. • Since this development utilizes an onsite sewage management system, the owner must obtain approval from this department prior to issuance of a building permit and before building construction or renovation. • This facility must comply with the Fulton County Clean Indoor Air Ordinance. • If this proposed development includes a food service facility, the owner must submit kitchen plans for review and approval by this department before issuance of a building permit and beginning construction. The owner must obtain a food service permit prior to opening. • This department is requiring that all existing structures to be demolished must be inspected by a certified pest control operator to insure that the premise is rat free. If evidence of rodent infestation is found, the property must be baited prior to demotion. • If this proposed development includes an existing individual onsite sewage management system(s), and the system(s) will be abandoned, it shall be abandoned in accordance with Fulton County regulations. • If this proposed development includes an existing individual onsite water supply system(s), and the system(s) will be abandoned, it shall be abandoned in accordance with Fulton County regulations. Fulton County Tax Assessor: Property Tax ID#: 22-5060-0679-040-6 Water and Wastewater (Sewer): Comments: • This information does not guarantee that adequate water volume and pressure are available at this time or will be adequate upon application of permits. Please contact the Department of Public Works for more information. Sewer: Basin: Little River *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 20 of 21 UP07-003 VC07-007 Comments: • This information does not guarantee that adequate sewer capacity is available at this time or will be available upon application of permits. Please contact the Fulton County Department of Public Works for more information. Stormwater: Disturbed Area: Not listed on application Impervious Area: Not listed on application; site plan shows a site with less than 75% impervious currently Flood Panel Number: Not listed on application Zone: Not listed on application Structures proposed in the floodplain: None according to proposed site plan and City GIS Hydrology: Percent Site Impervious: Not listed on application Type of Detention Proposed: Graded dry earthen pond Comments: • A concept Stormwater meeting with the Stormwater Engineer is required. The design and layout shown with the rezoning site plan may or may not meet all minimums required by the City and GASWMM state rules. Detailed design shall be shown on the LDP plans, after said concept meeting. Staff notes that the submitted site plan shows likely inadequate detention area locations. City of Milton Fire Marshal: Comments: • No comment Public Safety Department: Comments: • The proposal will have a minimal impact on police services. *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 21 of 21 UP07-003 VC07-007 PETITION NUMBER(S) RZ07-007 VC07-005 PROJECT NAME Deerfield Place Phase 2 PROPERTY INFORMATION ADDRESS Southeast Corner of SR 9 & Deerfield Parkway DISTRICT, LAND LOT 2/2 975 OVERLAY DISTRICT State Route 9 EXISTING ZONING A (Medium Density Apartments) Z84-223 and C-1 (Community Business) Z84-224 PROPOSED ZONING C-1 (Community Business) ACRES 16.3 EXISTING USE Undeveloped PROPOSED USE Retail Shopping Center OWNER W.B. Holdings – Windward LLC ADDRESS 12600 Deerfield Parkway, Suite 150, Milton, GA 30004 PETITIONER/REPRESENTATIVE Sembler Alpharetta 1, LLC / Brian Snelling ADDRESS 1450 South Johnson Ferry Road, Suite 100 Atlanta GA 30319 PHONE 404-847-1800 INTENT To rezone from A (Medium Density Apartments) & C-1 (Community Business) to C-1 (Community Business) to develop 141,511 square feet of retail, commercial, service, office and accessory uses including fast food restaurants limited to bagel, bakery, coffee houses and ice cream parlors which shall not be freestanding and a gas station at a density of 8, 8085.43 square feet per acre. The applicant is also requesting a 3-part concurrent variance; 1.) To reduce the required buffer along the east property line from 100 feet to 25 feet and the 10-foot improvement setback; 2.) To delete the 10’ landscape strip along the south property line. 3.) To allow a loading area within the front yard. Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 1 of 31 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION APPROVAL CONDITIONAL – RZ07-007 DENIAL – VC07-005 Part 1 APPROVAL CONDITIONAL-VC07-005, PARTS 2 & 3 Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 2 of 31 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 LOCATION MAP 10/16/2007 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 Page 3 of 31 CURRENT ZONING MAP 10/16/2007 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 Page 4 of 31 SITE PLAN – June 5, 2007 10/16/2007 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 Page 5 of 31 Subject Site (Looking south from Deerfield Pkwy) Subject Site (Looking at the southeast corner of SR 9 and Deerfield Pkwy) Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 6 of 31 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 SUBJECT SITE: A 16.3 acre site currently zoned A (Medium Density Apartments) pursuant to Z84- 224 approved for 12 units per acre and C-1 (Community Business) pursuant to Z84-223 approved for 8,000 square feet per acre within a single structure (116,720 square feet). The site is currently vacant and the existing trees (non- specimen size) were harvested and the property graded under an approved Land Disturbance Permit (LDP) issued by Fulton County for Deerfield Place Phase 1. Along the southern portion, a temporary earthen detention pond is being constructed to manage Phase 1of Deerfield Place immediately to the south. This rezoning request along with the applicant’s site (Phase 1) located to the south exceeded the Atlanta Regional Commission’s threshold of 300,000 square feet for retail uses. A Development of Regional Impact (DRI) review was submitted to the Georgia Regional Area Transportation Authority (GRTA). The result of this review has been attached to the Staff report. The findings by GRTA were that the project was in the best interest of the region and therefore the state. Standards of Review (Article 28.4.1) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors A. through G., below, as well as any other factors it may find relevant. A. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed retail development is suitable based on the existing C-1 (Community Business) to the south pursuant to Z03-185 approved at 9,552.93 square feet per acre, currently under development. B. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? The proposed development will not adversely affect the existing uses nearby or adjacent uses if developed with the recommended conditions. C. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The property may not have a reasonable economic use as currently zoned because of the square footage required to be within one building. Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 7 of 31 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 D. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? It is Staff’s opinion that the proposed use may cause an increased burden on the streets and transportation facilities and utilities but should be mitigated with the Recommended Conditions. E. Whether the proposal is in conformity with the policies and intent of the land use plan? The proposed C-1 (Community Business) zoning is partially consistent with the policies and intent of the Focus Fulton 2025 Comprehensive Land Use Plan. The subject property is located along the east side of State Route 9, south of Deerfield Parkway which the Comprehensive Plan discusses as being appropriate for Neighborhood Living-Working. While the Plan calls for a mix of commercial, office and residential uses, the proposal for the site is not of a mixed nature. It is the opinion of the Staff that the proposed use and its proximity to residences and office uses lend to the desired living working composition of the area and complies with the policies of the Comprehensive Plan. Focus Fulton 2025 Land Use Plan Map: Neighborhood Living-Working Proposed use/density: Retail-Commercial/8, 8085.43 square feet per acre The Focus Fulton 2025 Land Use Plan Map suggests Neighborhood Living- Working for the surrounding properties and along the Hwy 9 Corridor north of Webb Road. The Milton City Council adopted the Focus Fulton 2025 Comprehensive Plan as the City’s Comprehensive Plan on November 21, 2006. The proposed development is consistent with the following Plan Policies: • Developments in the Live Work land use and all mixed use developments should provide inter-parcel access within and between land uses to improve transportation circulation and increase pedestrian safety. • Commercial/Office Density up to 10,000 square feet per acre. • The transportation system should incorporate automobile, transit when available, bicycle, pedestrian facilities. • The uses within the live work areas should be in proximity to each other in order to encourage walking and to increase mobility. Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 8 of 31 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 F. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? Existing zonings of commercial on the subject site and to the south and adopted land use policies support this request for Commercial to develop retail commercial, office and accessory uses. G. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? Staff notes that the proposed rezoning will have some impact on the environment and natural resources but the recommended conditions will help mitigate the impact. Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 9 of 31 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 Existing uses and zoning of nearby property (See Map following table) Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area North 1 AG-1 (Agricultural) Undeveloped Northeast 2 Z84-225 TR (Townhouse Residential) Avensong Subdivision 6.16 units/acre East 3 Z84-224 A (Medium Density Apartments) Villages of Devonshire Condominiums 12 units/acre Southeast 4 Z03-185 A (Medium Density Apartments) Camden at Deerfield Apartments 12 units/ acre South 5 C-1 (Community Business) Deerfield Place Phase 1 9,552.93 sq. ft./ acre Southeast 6 Z84-252 C-1 (Community Business) Georgia Power Substation 9,200 sq.ft./acre 2 stories Further South 7 Z73-01 C-1 (Community Business) Fry’s Electronics None indicated Southwest 8 Z03-081 MIX (Mixed Use) Undeveloped 2,228.13 q.ft./acre for retail 1,662.79 sq.ft./acre for office Southwest 9 Z00-151 MIX (Mixed Use) The Park at Windward Village 712.48 sq.ft./acre for retail 976.79 sq.ft./acre for office 2.10 u/acre for townhomes West 10 Z06-023 TR (Townhouse Residential) Centennial Village S/D 5.65 units/acre 1,200 sq.ft. West 11 Z01-001 TR (Townhouse Residential) The Regency at Windward School 5.78 units/acre 1,540 sq.ft Northwest 12 Z04-041 TR (Townhouse Residential) Haywood Commons 6.53 units/acre 1,500 sq.ft. Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 10 of 31 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 EXISTING USES MAP 10/16/2007 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 Page 11 of 31 H. Suitability of the subject property under the existing zoning district for the proposed use? The existing zoning for C-1 (Community Business) is partly suitable but would not produce the best use as it is conditioned to 116,720 square feet square feet within one building. I. Suitability of the subject property under the proposed zoning district for the proposed use? The proposed use is suitable for the proposed zoning district of C-1 (Community Business). This zoning district allows for retail commercial, service, office and accessory uses including fast food restaurants limited to bagel, bakery, coffee houses and ice cream parlors which shall not be freestanding and also a gas station at the northwest corner of the property at the intersection of Hwy 9 and Deerfield Parkway as proposed. J. The possible creation of an isolated zoning district unrelated to adjacent and nearby districts. The proposed rezoning to C-1 (Community Business) would not create an isolated district. There are C-1 (Community Business) zonings in the immediate vicinity to the south and southwest of the proposed site and the development is located along the commercialized State Route 9 corridor. K. Possible effects of the change of the zoning or change in use on the character of a zoning district or overlay district? Staff notes that the proposed change of zoning will not have a negative impact on the character of the State Route 9 Overlay District. The proposed rezoning request and the related development south of the subject site will give continuity of the architectural theme along the east side of Hwy 9. L. Whether the proposed zoning will be a deterrent to the value or improvement of development of adjacent property in accordance with existing regulations? Staff is of the opinion that the change in the zoning may not be a deterrent to the value of adjacent properties developed or anticipated to be developed under existing regulations. Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 12 of 31 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 M. The possible impact on the environment, including but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quality? Staff notes that the proposed rezoning may have an impact on the environment because of the increased amount of impervious surface but should be mitigated by the recommended conditions. N. The relation that the proposed zoning bears on the purpose of the overall Land Use Plan with due consideration given to whether or not the proposed change will carry out the purposes of this Land Use Plan. The proposed rezoning, as submitted, is partially consistent with the overall Focus Fulton 2025 Comprehensive Land Use Plan which recommends Neighborhood Live/Work for the subject site. There are residential uses adjacent to the site located to the northeast, east and west. O. The consideration of the preservation of the integrity of residential neighborhoods shall be considered to carry great weight. In those instances in which property fronts on a major thoroughfare and also adjoins an established residential neighborhood, the factor of preservation of the residential area shall be considered to carry great weight. The applicant will be constructing a fence interior to the requested 25-foot undisturbed buffer along the east property line. This has been requested by the adjacent apartment and condominium developments. Along a portion of the east property line, where the detention pond is located, a 20-foot landscape strip will be required which will further assist in preserving the residential area. P. The amount of undeveloped or zoned land in the general area affected which has the same zoning or future land use classification as the proposed rezoning. There is an undeveloped, AG-1 (Agricultural) zoned, 9 acre parcel on the north east corner of SR 9 and Deerfield Parkway under the Neighborhood Live/Work land use designation. In addition, to the south west of the site, a small parcel is undeveloped, zoned AG-1 (Agricultural) and designated as Neighborhood Live/Work. In summary, the proposed zoning is consistent with the policies of the Focus Fulton 2025 Land Use Plan, the existing C-1 (Community Business) district on the subject site, recently approved C-1 (Community Business) district and the Atlanta Regional Commission (ARC) in a letter dated Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 13 of 31 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 August 30, 2007 found this project to be in the best interest of the Region, and therefore the State. Therefore, Staff recommends this petition, RZ07-007 be APPROVED CONDITIONAL subject to the attached Recommended Conditions. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on June 5, 2007, Staff offers the following considerations: State Route 9 Overlay District BUILDING SETBACKS The site plan indicates compliance with the following zoning district minimum building setbacks pursuant Article 9.1.3: Front Yard adjacent to Deerfield Parkway: Side Corner Yard adjacent to SR 9: Side Yard (east property line): Rear Yard (south property line) 40 feet 40 feet See Buffer Requirements See Landscape Requirements BUILDING HEIGHT The applicant has not indicated a maximum height or number of stories for the development. The Zoning Ordinance permits up to 4 stories or a maximum height of 60 feet. LANDSCAPE STRIPS AND BUFFERS Article 4.4.3E.1.b requires a 100-foot undisturbed buffer and 10-foot improvement setback under the “Large Scale Retail/Service Commercial Structures and Developments 75,000 square feet or Greater” ordinance (Adopted 5/4/06) adjacent to residential uses. The applicant is requesting a concurrent variance to reduce the buffer to 25 feet and a 10-foot improvement setback along the east property line. Staff is of the opinion that the required buffer should remain at 100 feet and a 10-foot improvement setback to separate the existing residential development to the east. Based on the fact that the applicant has not demonstrated a hardship that is not self imposed, Staff recommends DENIAL of Part 1 of VC07-005. Article 12G.4 Section A.1 of the State Route 9 Overlay District requires a twenty (20) foot-wide landscape strip along State Route 9 and Deerfield Parkway. Article 12G.4 Section A.3 further states that for every thirty (30) linear feet of Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 14 of 31 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 landscape strip, a minimum of one 3” caliper hardwood shade tree is required to be planted in the center of the landscape strip or as approved by the Director. The applicant’s site plan shows compliance with the requirement. The applicant is also requesting the deletion of the required 10-foot landscape strip along the south property line (Article 12G.4.8.2) in order for the development to the south and the subject site to be developed as one. This would provide for both vehicular and pedestrian inter parcel access. It is Staff’s opinion that by granting this variance, the overall development would be more cohesive and meet the intent of the Comprehensive Plan for encouraging “inter-parcel access within and between land uses to improve transportation circulation and increase pedestrian safety.” Therefore, Staff recommends APPROVAL CONDITIONAL of Part 2 of VC07-005 Although Article 4.4.3.E.1.d. requires a 15-foot landscape strip along the south property line which is greater than the State Route 9 Overlay District of 10 feet, the standards of the Overlay District shall prevail. Existing 25-foot buffer and 10-foot improvement setback along the east property line. PARKING REQUIREMENTS The following chart illustrates the parking required by Article 18 of the City of Milton Zoning Ordinance for the proposed uses: Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 15 of 31 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 Type of Use spaces / 1000 sf Approx. Project sf Spaces Required Spaces Provided Retail 5 122,960 615 597 Restaurant 10 5,500 55 55 Totals 128,460 670 652 Staff notes that the applicant is providing 652 parking spaces, which are six (6) short (2.7%) of the parking spaces required per Article 18 of the City of Milton Zoning Ordinance. An administrative variance may be requested by the applicant to reduce the number of spaces up to ten percent (10%). Staff encourages the least amount of parking possible and is requesting that parking along the east property line be constructed of pervious materials. It appears that the site plan is in compliance with the landscape and layout requirements of Article 12G.4. Section F. OTHER CONSIDERATIONS The applicant has requested a concurrent variance to allow a loading area within the front yard (Article 12G.4.F.6.). The site plan indicates that the largest building located on the northern portion of the site has a loading area facing Deerfield Parkway. Deerfield Parkway is technically considered the “front” yard. Based on the development’s linear shape, another building fronting the loading area adjacent to Deerfield Parkway and the applicant providing a wall to screen the area, Staff recommends APPROVAL CONDITIONAL of Part 3 of VC07- 005. Staff notes that prior to issuance of a Land Disturbance Permit and any Building Permits, the City of Milton Design Review Board will be required to review the plans. The applicant indicates a 1.14 acre out-parcel on the site plan. This meets the development standards required by Article 4.3.13 except for D., which requires that internal entrance drives shall be located at least 100 feet from any publicly dedicated right of way. It appears that the design can be reconfigured to meet this standard. The out-parcel will be reflected in the Recommended Conditions. PUBLIC INVOLVEMENT On September 26, 2007 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. No one attended this meeting. Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 16 of 31 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 Public Comments – At the time this report was published, Staff had spoken to approximately 3 to 4 people who reside in nearby subdivisions that voiced concern about the increased traffic along Deerfield Parkway and SR 9. City of Milton Design Review Board Meeting – October 2, 2007 The following comments were made by the DRB: • The proposed Kohl’s building is too big for the site. • Don’t try to maximize space at the expense of the Hwy 9 residents. • Consider turning building. • Consider adding an L shaped structure to screen truck docks. • Note that Hwy 9 Overlay requires building materials to continue around corner. Public Notice Requirements The rezoning petition was advertised in the Milton Herald on October 3, 2007 and the sign was installed before the required date of October 3, 2007 along the frontages of SR 9 and Deerfield Parkway. The notice of rezoning was mailed to adjacent property owners on October 1, 2007. Public Participation Plan and Report The applicant has met the requirements of the Public Participation Plan. The applicant will be required to submit the public participation report 7 days prior to the Mayor and City Council meeting. CONCLUSION The proposed C-1 (Community Business) development is consistent with the policies and intent of the Focus Fulton 2025 Comprehensive Land Use Plan and consistent with recent Board Policy, therefore, Staff recommends that this request to rezone to C-1 (Community Business) be APPROVED CONDITIONAL. Further, Staff recommends DENIAL of Part 1 of VC07-005 and APPROVAL CONDITIONAL of PARTS 1 and 2 of VC07-005. A set of Recommended Conditions are included if the Mayor and City Council chooses to approve the proposed development as submitted. Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 17 of 31 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be APPROVED C-1 (Community Business) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Retail, service commercial and/or office and accessory uses including fast food restaurants limited to bagel, bakery, coffee houses and ice cream parlors which shall not be freestanding and a gas station, including all exterior food and beverage service areas, at a maximum density of 8,8085.43 gross square feet per acre zoned or a total of 141,511 square feet, whichever is less, but excluding freestanding fast food restaurants, commercial amusements (cinemas not included), liquor package stores, motels, hotels, adult entertainment establishments, check cashing stores, pawn shops, coin operated laundries, video arcades, pool halls, massage parlors, nail salons, beauty salons, barber shops, flea markets, discount retail shops, roadside vending, roadside produce stands or seasonal vending. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on June 5, 2007. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) To allow one out-parcel as shown on the site plan. 3) To the owner’s agreement to the following site development considerations: Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 18 of 31 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 a. To meet and not exceed parking requirements when calculated using Article 18.To utilize pervious materials for the entire row of parking spaces along the eastern boundary of the property. b. To provide at least one pedestrian entrance for each side of a building that directly abuts a public street. c. To provide a sidewalk along the eastern boundary of the property, outside the required 10-foot improvement setback from the sidewalk on Deerfield Parkway to the detention pond. d. To provide three vehicular inter-parcel access points on the southern portion of the property. e. Gas station underground tanks shall be located at the furthest possible location from both Deerfield Pkwy and Cumming Hwy (SR9). f. The developer shall provide one (1) bicycle space or slot per every 100 parking spaces. g. All building entrances shall have a direct connection to the sidewalk network. h. Provide an eight (8) foot high opaque fence along the east property line adjacent to the multi-family developments. This fence may be erected on the adjacent property, if needed, outside of the required buffer. i. Delete the required 10-foot landscape strip along the south property line (VC07-005, Part 2) j. To allow a loading area within the front yard (Deerfield Parkway) (VC07-005, Part 3) 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a. Dedicate at no cost to the City of Milton prior to the approval of a Land Disturbance Permit or Certificate of Occupancy (whichever comes first), sufficient land as necessary to provide the following rights-of-way, and dedicate at no cost to the City of Milton such additional right-of-way as may be required to: Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 19 of 31 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 i. Provide at least 10.5 feet of right-of-way from the back of curb of all abutting road improvements, along the entire property frontage, as well as allow the necessary construction easements while the rights-of-way are being improved. ii. Provide construction of a four foot, on-street bicycle lane across the frontage of Cumming Hwy (SR9). Provide a six foot asphalt trail immediately adjacent to and along the property line. iii. Dedicate a minimum of 55 feet of right-of-way from the center of Cumming Hwy (SR9), or as needed to satisfy the conditions set forth here. iv. Provide adequate right-of-way dedication for addition of the following elements on the SR 9 and Deerfield Parkway intersection: a. SB Left Turn Lane on Cumming Hwy (SR9) b. NB Right Turn Lane on Cumming Hwy (SR9) c. WB Left Turn Lane on Deerfield Pkwy v. Installation of a new decorative mast arm traffic signal at the corner of Deerfield Pkwy and Cumming Hwy (SR9) prior to a C.O. as approved by the Transportation Engineer. . vi. Installation of the following transportation infrastructure: a) Addition of SB Left Turn Lane on Cumming Hwy (SR9) at Deerfield Parkway. b) Addition of NB Right Turn Lane on Cumming Hwy (SR9) at Deerfield Parkway. c) Addition of WB Left Turn Lane on Deerfield Pkwy at SR 9. d) Addition of WB Left-Turn Lane on Deerfield Pkwy at new access drive. e) Addition of EB Right-Turn Lane on Deerfield Pkwy at new access drive. Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 20 of 31 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 f) Add right auxiliary lane along the entire property frontage on SR 9, with striping for necessary acceleration and deceleration lanes. g) Add left-turn lane at new access point on SR 9. vii. Provide design and installation of all other GRTA Notice of Decision recommendations. b. All throat lengths of driveways on SR 9 shall be at least 200 feet and provide one inbound and two outbound lanes. c. The throat length of the driveway on Deerfield Parkway shall be at least the 95th percentile queue for length or 100 feet, whichever is greater, with two inbound and two outbound lanes. One of the inbound lanes shall serve as the exclusive right-in lane to “gas station”. d. One full access driveway on SR 9 and one full access driveway on Deerfield Parkway. e. The Developer shall provide bus shelters on Deerfield Parkway, as approved by Public Works Department in coordination with MARTA or the Transit Planning Board. 5. To the owner’s agreement to abide by the following: a. The developer’s Professional Engineer shall demonstrate to the City by engineering analysis submitted with the LDP application, that the discharge rate and velocity of the storm water runoff resulting from the development is restricted to seventy-five percent (75%) of the pre-development conditions at each point of discharge from the property. In addition, the engineer shall study the impact of the project on downstream properties and drainage systems. The water quality and detention facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the Department of Community Development. b. The Developer should utilize GASWCC limited application controls such as infiltration trenches, porous surfaces, filter strips, etc. All water quality and detention facilities shall have vegetated surfaces to be regularly maintained by the owner. Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 21 of 31 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 c. Where fencing is required, it shall be equestrian style wood rail fencing with non-climbable wire mesh. (detention facilities) Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 22 of 31 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 APPENDIX A Comments on Public Services and Utilities Note: Various City and/or County departments that may or may not be affected by the proposed development have provided the following information. Comments herein are based on the applicant’s conceptual site plan and are intended as general non-binding information and in no manner suggest a final finding by the commenter. All projects, if approved are required to complete the City of Milton Plan Review process prior to the commencement of any construction activity. Fulton County Health Department: Comments: The Fulton County Health Department recommends that the applicant be required to connect the proposed development to public water and public sanitary sewer available to the site. Since this proposed development constitutes a premise where people work, live, or congregate, onsite sanitary facilities will be mandatory, prior to use or occupancy. This facility must comply with the Fulton County Clean Indoor Air Ordinance. Since this proposed development includes a food service facility, the owner must submit kitchen plans for review and approval by this department before issuance of a building permit and beginning construction. The owner must obtain a food service permit prior to opening. This department is requiring that plans indicating the number and location of outside refuse containers along with typical details of the pad and approach area for the refuse containers be submitted for review and approval. If this proposed development includes an existing individual onsite water supply system(s), and the system(s) will be abandoned, it shall be abandoned in accordance with Fulton County regulations. Fulton County Schools Staff notes that the proposed rezoning will have no impact on the surrounding school system. Water and Wastewater (Sewer): In reviewing the above referenced zoning application, the Water Services Department of Fulton County has no objections to the proposed development. Gravity sewer is currently accessible to the site that is requesting zoning. City of Milton Fire Marshal: Fire could be affected by a heavy traffic volume that would increase, the response time to this area. Potentially, water consumption would also increase, thus putting more strain on our water distribution system. Due to the increase of vehicular and pedestrian traffic, call volume would also increase. Access around the buildings appears to be adequate at this time. Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 23 of 31 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 City of Milton Police Department: Possible increase in traffic congestion and vehicle crashes. Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 24 of 31 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 Appendix B Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 25 of 31 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 26 of 31 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 27 of 31 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 28 of 31 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 29 of 31 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 30 of 31 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 31 of 31 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 PETITION NUMBER: U07-005 PROJECT NAME Church at Mill Spring Academy PROPERTY INFORMATION ADDRESS 13660 New Providence Road DISTRICT, LAND LOT 2/2 803, 854-856, 874-876 OVERLAY DISTRICT Northwest Fulton Overlay EXISTING ZONING AG-1 (Agricultural) Use Permit for a Private School (U96-064) ACRES 85.07 EXISTING USE Mill Spring Academy PROPOSED USE Use Permit for a Church to use existing facilities OWNER Mill Spring Academy ADDRESS 13660 New Providence Road PETITIONER/REPRESENTATIVE Robert Moore ADDRESS 13660 New Providence Road Milton, GA 30004 PHONE (770) 360-1336 INTENT The Mill Spring Academy is requesting on behalf of The Grace Church to use the existing Gym and Assembly Room and the “T” buildings for religious services for up to 200 members and the River Lutheran Church to use the Great Room for up to 175 members COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION APPROVAL CONDITIONAL Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 1 of 13 U07-005 LOCATION MAP U07-005 10/16/2007 U07-005 Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 Page 2 of 13 CURRENT ZONING MAP Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 3 of 13 U07-005 SITE PLAN – September 5, 2007 10/16/2007 U07-005 Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 Page 4 of 13 SUBJECT SITE – Entrance into school SUBJECT SITE – Upper School & Pre Upper Middle (Under Construction) Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 5 of 13 U07-005 SUBJECT SITE – Gym & Assembly Building SUBJECT SITE: The subject site is an 85.07 acre tract of agriculturally zoned land, located on the western side of New Providence Road. It is bordered to the north by the Little River and Cherokee County. The subject site is developed with a private school pursuant to U96-064 including a total of 70,185 square feet within 8 buildings of which one is under construction. Portions of the site are within the 100-year floodplain, although none of the developed areas are located in the floodplain. The site is located within the Institutional Land Use designation on the Focus Fulton 2025 Comprehensive Land Use Plan. The site is surrounded by the Gates Mill subdivision located to the east; the Chadwick Inert Landfill (Use Permit 01U-027) is located to the west. There are scattered single family residences within the surrounding AG-1 (Agricultural) district. Staff notes that currently the Grace Church hosts a maximum of 80 people but anticipates growing to 200 members in the next five years. The River Lutheran Church hosts only 30 members currently but anticipates growing to 175 members in the next five years. A total of 375 members will be reflected in the Recommended Conditions. Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 6 of 13 U07-005 The school currently operates with an enrollment of 305 students. The following buildings are located on the campus: Gym and Assembly Building - 13,036 square feet Upper School -27,000 square feet T-Building 1 -3,441 square feet T-Building 2 -3,441 square feet T-Building 3 -3,341 square feet T-Building 4 -3,447 square feet T-Building 5 -4,279 square feet Pre-Upper School Building - 13,363 square feet (Under Construction) School is in session Monday-Friday from 8:00a.m.-4:00p.m. No school activities occur on campus on Sundays. In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Article 19.2.4 of the Zoning Ordinance; Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: A. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: Provided the applicant complies with the Recommended Conditions and the Use Permit requirements of Article 19.4.27. of the Zoning Ordinance, the proposed development is consistent with the intent and following policies of the Comprehensive Plan: • Encourage compatible institutional uses in neighborhoods and communities. • Encourage development consistent with the surrounding scale, transition of densities and uses, and Comprehensive Plan policies, where appropriate. B. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed; If developed in accordance with Staff’s Recommended Conditions and the provisions of the Zoning Ordinance, the proposed church is expected to be compatible with other land uses in the surrounding area. Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 7 of 13 U07-005 C. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development; The proposed use does not violate any known local, state and/or federal statutes, ordinances or regulations governing land development. D. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets; The proposed use will not generate a significant increase in traffic since the time of operation is on Sundays when the existing school is not using the facility. E. The location and number of off-street parking spaces; Article 18.2.1 requires the applicant to provide a minimum of 1 parking space per every 30 square feet per largest meeting area. The Grace Church is meeting as an assembly in the “Assembly Room” which contains 2,088 square feet. A total of 70 spaces are required for this group. The River Lutheran Church is meeting as an assembly in the “Great Room” in the Upper School which is 2,913 square feet. A total of 97 spaces are required for this group. Both groups will be meeting at the same time on Sunday mornings and therefore a total of 167 spaces are required. The site plan indicates a total of 244 parking spaces on the site. Staff is of the opinion that there are enough off-street parking spaces to facilitate the churches. F. The amount and location of open space; The applicant’s site plan indicates that the majority of the subject site is undeveloped because of floodplain and stream buffers. Staff is of the opinion that the proposed development will provide adequate open space for the proposed development. G. Protective screening; The proposed church will be utilizing the existing private school buildings. Required protective screening was developed under the original Use Permit pursuant to U96-0000. H. Hours and manner of operation; The applicant has stated in the letter of intent that the Grace Church will meet on Sunday mornings between 9:30a.m.-12:30p.m. and for evening Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 8 of 13 U07-005 service between 5:30 p.m.- 7:00 p.m. on Sundays. They will meet in both the Gym and Assembly Building in the Assembly Room and the “T” Building. The River Lutheran Church will meet between 10:30 a.m. -12:30 p.m. in the Great Room in the Upper School. I. Outdoor lighting; The applicant has not indicated that outdoor lighting will be needed since the services will occur inside and not during the late evening. J. Ingress and egress to the property. The applicant’s site plan indicates one curb cut on New Providence Road. Staff notes that the curb cut currently exists and that the applicant is not requesting any additional curb cuts. Given the limited use of the subject site, Staff is of the opinion that the proposed development will have limited impact upon the community since the services will occur on Sundays when the school in not in use. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on September 5, 2007, Staff offers the following considerations: Since the site is already developed, Staff has included the conditions regarding development from the Use Permit approved for the private school pursuant to U96-064. PUBLIC INVOLVEMENT On September 26, 2007 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There was no one in attendance from the community. Public Comments – Staff has not received any comments via e-mail, phone, or letters. Public Notice Requirements The use permit petition was advertised in the Milton Herald on October 3, 2007 and the sign was installed before the required date of October 1st, 2007along the frontage of New Providence Road. The notice of rezoning was sent, to adjacent property owners, on October 3, 2007. Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 9 of 13 U07-005 Public Participation Plan and Report The applicant has met the requirements of the Public Participation Plan. The applicant will be required to submit the public participation report 7 days prior to the Mayor and City Council meeting. CONCLUSION The proposed church is consistent with Council and Plan Policies and compatible with the surrounding area, if developed in accordance with the requirements of the Zoning Ordinance and Staff’s Recommended Conditions. Therefore, Staff recommends APPROVAL CONDITIONAL of the proposed Use Permit for the church. Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 10 of 13 U07-005 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved USE PERMIT for a church (Article 19.4.10.) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Church and accessory uses for a total of 70,185 square feet. b) Restrict the number of church members to 375 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Milton Community Development Department on September 5, 2007. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owners agreement to the following site development considerations: a) No more than 1 exit/entrance on New Providence Road. Curb cut location and alignment are subject to the approval of the City of Milton Traffic Engineer. 4. To the owners agreement to abide by the following requirements, dedication and improvements: a) Dedicate at no cost to the City of Milton along the entire property frontage, prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide the following rights-of-way, and dedicate at no cost to the City of Milton such additional right- of-way as may be required to provide at least 10.5 feet of right-of- way from the back of curb of all abutting road improvements, as well as allow the necessary construction easements while the rights- of-way are being improved: Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 11 of 13 U07-005 30 feet from the centerline of New Providence Road. b) Improve New Providence Road along the entire property frontage with curb and gutter per the City of Milton Standards or as may be approved by the City of Milton Traffic Engineer. c) Provide a deceleration lane for each project entrance or as may be required by the City of Milton Traffic Engineer. d) Provide a left turn lane for each project entrance or as may be required by the City of Milton Traffic Engineer. 5. To the owners agreement to abide by the following: a) Prior to submitting the application for a LDP with the Department Community Development, arrange to meet with the City of Milton Traffic Engineer. A signed copy of the results of these meetings will be required to be submitted along with the application for a Land Disturbance Permit. b. Prior to submitting the application for an LDP, arrange an on-site evaluation of existing specimen trees/stands, buffers, and tree protection zones within the property boundaries with the City of Milton Arborist. A signed copy of the results of these meetings will required to be submitted along with the application for an LDP. c. To maintain as a minimum, the tree density requirements as prescribed by the City of Milton Tree Preservation Ordinance Administrative Guidelines, either through the retention of existing trees, or tree replacement, in perpetuity. d. At the time of submittal for a Land Disturbance Permit and after the approval of the Preliminary Plat, the engineer/developer is required to provide written documentation verifying on-site evaluation and any other necessary downstream constraints. e. Provide documentation (cross-section, profile, etc.) as to the existing conditions for all natural streams/creeks within the boundary of the project. Show, by documentation, the appropriate erosion protection of the Stormwater conveyance system. f. The developer/engineer is responsible to demonstrate to the City by engineering analysis, that the developed land use (proposed development). Stormwater runoff conditions are controlled at the maximum pre-developed land use level, so that downstream properties/conveyance systems are not impacted or Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 12 of 13 U07-005 aggravates existing flooding/drainage nor creates new drainage/flooding problems off-site. g. Upon receiving zoning, rezoning or a special use approval from the City and prior to submitting for a LDP, the developer/engineer shall contact and submit to the Stormwater Engineer a Stormwater concept plan. The Stormwater concept plan shall be a preliminary drawing describing the proposed location of storage facilities, discharge path of storage facilities, downstream and upstream constraints and other matters with potential Stormwater implementations. The Stormwater concept plan shall be submitted to the City when the design engineer determines the preliminary location, type of Stormwater facilities or at approximately 35% completion. Prepared by the Community Development Department for the Planning Commission Meeting on October 23, 2007 10/16/2007 Page 13 of 13 U07-005 ADOPTED BY THE MILTON CITY COUNCIL DECEMBER 21, 2006 AMENDED APRIL 19, 2007 ARTICLE XII-H Northwest Fulton Overlay District AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF MILTON, GEORGIA, TO ESTABLISH THE NORTHWEST FULTON OVERLAY DISTRICT, TO DELINEATE THE NORTHWEST FULTON OVERLAY DISTRICT , TO PROVIDE DEVELOPMENT AND DESIGN STANDARDS, AND FOR OTHER PURPOSES. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, GEORGIA. 12H.1. PURPOSE AND INTENT.The Northwest Fulton Overlay District applies to all properties within the boundaries of the City of Milton as described in the attached map. The Mayor and City Council of Milton, Georgia 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 article to recognize and to establish a procedure to protect and plan for the county’s crossroads communities. The intent of this article is: (1) To develop guidelines for the preservation and perpetuation of rural commercial crossroads communities 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; (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 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; (10) To develop a commercial setting that has individuality and is unique and does not imitate building types or styles unrelated to these crossroads communities; (11) To provide for the construction of buildings and spaces that are human in scale, welcoming and approachable; (12) To encourage containment of existing Page 1 of 23 RZ07-013 Text Amendment 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. This Article 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 citizens of Milton. Included within the scope are regulations governing the location of buildings on the site, the design and materials of building(s) and other structure(s), landscaping and screening provisions, signs, pedestrian circulation and other items. Whenever provisions in this Article conflict with any other Articles in this Ordinance, or other City of Milton ordinances, or regulations, the provisions of this article shall prevail. 12H.2. DESIGN REVIEW BOARD . The City of Milton Overlay District Design Review Board (DRB ) shall consist of a seven-member board of residents, land owners, business owners, professional architects and/or land planners, who either maintain primary residences and/or businesses or own land in the City of Milton. Members of the City of Milton Overlay District Design Review Board shall be nominated by the Mayor and District Councilperson and approved by the Milton City Council. Members shall serve concurrently with the Mayor and Council’s terms. Members of the City of Milton Overlay District Design Review Board will elect a Chairman and a Vice-Chairman. Meetings will be conducted in accordance with Robert’s Rules of Order. The City of Milton Overlay District Design Review Board shall review all plans for development in the City of Milton (except for single-family residential land uses and/or dwelling units) for compliance with the standards herein and shall make recommendations to the Department of Community Development prior to the approval of a Land Disturbance Permit, Building Permit, Demolition Permit for both residential and non-residential structures or Primary Variance. 12H.3. DEVELOPMENT STANDARDS. This section 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. 12H.3.1. Landscaping. Landscaping should be compatible in form, style and design with the natural setting and informal landscaping present in the area and on the site Page 2 of 23 RZ07-013 Text Amendment before development. Landscaping should also be used as a buffer to screen a development from adjacent residential and agricultural uses. A. Streetscape and Landscape Strips 1. All properties shall provide a minimum 10 foot-wide strip along all public streets. The ten (10) foot-wide strip shall be planted with a minimum 2½” to 3" caliper hardwood over-story. Additional over­ story trees are encouraged. The 10 foot wide strip may be developed either: (see article 12H.3.2.B for additional landscape and screening requirements) a. with hardscape elements such as plazas, planters, benches, fountains and tables in addition to the required hardwood trees, or b. with landscape elements consisting of 60% coverage in trees and shrubs and 40% coverage in grass and ground cover pursuant to the Zoning Ordinance, Milton Tree Protection Ordinance, or c. with a combination of both landscape and hardscape elements. 2. Trees shall be planted in the center of the landscape strip at a maximum distance of every twenty feet. 3. Specimen trees, as described in the Milton Tree Protection Ordinance, located within the minimum front yard shall be preserved. 4. A minimum five foot-wide strip shall be planted with grass or sod between the back of curb and the sidewalk. B. Parking Lot Landscape Islands 1. There shall be a minimum 10 foot wide landscape island at the end of each parking bay; 2. There shall be a 10 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, and 4. Location of interior landscape islands shall vary from row to row to avoid a grid pattern and rectilinear layout. Page 3 of 23 RZ07-013 Text Amendment C. Landscape Buffers 1. For sites on four acres or less, a fifty (50) foot-wide undisturbed buffer, with a 10' 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 seventy-five (75) foot-wide undisturbed buffer, with a 10' 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 from the Acceptable Evergreen Plant Material for Milton Undisturbed Buffers shall be used. D. Property owners are encouraged to develop a green space for recreation and public enjoyment. 12H.3.2. Screening and Fencing. Landscaping and fencing materials should be used to minimize visual and noise impact of parking, loading areas, detention ponds and accessory site features. A. All loading areas shall be screened from view of any public street by either: (1) a minimum six foot high opaque fence matching the material of the building or (2) a 15 foot-wide landscape strip planted with a continuous hedge of evergreen shrubs. Shrubs shall be moderately growing, be a minimum height of 3½ to 4 feet at time of planting, and reach a height of six feet within two years of planting. B. All parking areas shall be screened from view of any public street by: (1) a 15 foot-wide landscape strip planted to buffer standards or (2) a berm planted with a continuous hedge or evergreen shrubs. Plants shall be a minimum height of 3½ to 4 feet at time of planting, and such plants (or in the case of option 2 above, the berm and the planting combined) shall reach a height of six feet within two years of planting (see article 12H.3.1.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 shall be made out of wood or a material that has the appearance of wood. D. Accessory site features, as defined in each zoning district of the Zoning Ordinance, shall be placed in the least visible location from public Page 4 of 23 RZ07-013 Text Amendment streets, and shall be screened from view of any right-of-way and/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 building, (2) 100% opaque fencing which must be constructed of the same type of exterior material used for the building, or (3) by a berm or vegetative screening. The screening shall consist of evergreen shrubs, be 3 ½ to 4 feet at time of planting, and reach a height of 6 feet within 2 years or planting. E. Drive-throughs are discouraged. However, if present, a drive-through shall be considered to be an accessory structure to a building. It 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. F. All detention ponds shall have a minimum 10 foot wide landscape strip planted to buffer standards with evergreen plantings exterior to any required fence and or required access area. All chain link fence shall be black vinyl clad. G. Fencing Material and Height: 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 3 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 Section 12H.3.2.4 and 5. H. Chain link fencing, except as required along detention/retention ponds, is prohibited from public view. All chain link fence shall be black vinyl clad. 12H.3.3. Pedestrian Safety. Construction of sidewalks and pedestrian amenities should encourage and promote walking to a development and within a development. The placement of sidewalks and pedestrian amenities 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. The sidewalk shall be set back from the back of curb the maximum distance allowable within the right of way. 1. Mandatory Requirements - Pedestrian Path Design Standards Page 5 of 23 RZ07-013 Text Amendment A. Proposed developments shall have a pedestrian network. B. Paths shall comply with any applicable Americans with Disabilities Act standards for slope, width, texture, level differences, and ramps. C. Paths shall be a minimum of five-foot in width. D. Paths shall be clearly identified (through painting, signage, texture change). E. In order to facilitate travel, paths shall not be obstructed by any object or structure. F. Paths shall be designed to minimize direct auto-pedestrian interaction. G. Paths shall be connected to signalized crosswalks, where applicable. H. Paths shall be a direct and convenient route between points of origin (such as a bus stop) and destination (such as a 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. I. Internal walkways (paths) shall be constructed connecting the public sidewalk along the street to the main entrance of the principal use of the property. J. Pedestrian paths shall be colored/textured walkways or sidewalks. 2. Encouraged Elements - Pedestrian Paths and Public Spaces A. To increase safety, grade separation is encouraged between pedestrian paths and motor vehicle access areas. B. 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, and mailboxes. C. Community public spaces that promote gathering and have a park like design with streetscape and hardscape elements are encouraged. Page 6 of 23 RZ07-013 Text Amendment D. Paths are allowed to perpendicularly cross landscape strips. E. Granite curbing is preferred over other types of curbing. 12H.3.4. Site Lighting for Parking Lots, Pedestrian Paths and Public Entrances. Lighting should be compatible with the rural and historic setting of Northwest Fulton. Lighting should be minimal while at the same time ample enough for safety and night viewing. A. Parking lot lighting shall meet the following minimum standards: a. Light posts shall not exceed a height of 20 feet from finished grade. b. Light posts shall have curved arms to focus light downward. Up to two (2) arms are permitted on a single post. c. Parking lot light fixtures shall have the light cut off below 90 degrees and the beam shall be cut off at 75 degrees. d. Allowable post arm style shall be Shepherd’s Crook. B. Pedestrian lighting shall meet the following minimum standards: a. Light posts shall not exceed a height of 15 feet from finished grade. b. Allowable post styles are pole-top, bollard, and Shepard’s Crook. C. Posts 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. E. Building mounted lighting fixtures shall have a 45 degree light cut off. 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 non­ reflective. I. Exterior lighting shall not exceed two (2) foot candles. Page 7 of 23 RZ07-013 Text Amendment 12H.3.5. Building Size, Orientation, Setback, Height, Scale and Parking. The design and lay out of a 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 A. Size. Non institutional buildings shall be limited to the following: 1. 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, if two or more buildings are built, the total size of all buildings shall be a maximum of 25,000 square feet, no single one of which shall exceed 15,000 square feet. 2. On developments larger than four acres, the maximum building size shall be 25,000 square feet. 3. A group of two or more buildings that share at least one contiguous wall will be considered as one building. B. Orientation 1. All 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. 2. Driveways shall be perpendicular to the street. C. Setbacks 1. For all property and lots located adjacent to public rights-of-way and from 0 to 400 feet from an intersection, buildings shall be set back no more than twenty (20) feet from the edge of the required landscape strip and/or easements. This twenty (20) foot front yard area may be developed with a combination of landscape and hard- scape elements, such as plazas, fountains, benches, and tables. Additional shade tree plantings are encouraged within public Page 8 of 23 RZ07-013 Text Amendment gathering places and alongside pedestrian paths. Buildings shall have varying setbacks to create the informal crossroads community setting. 2. For all property and lots located adjacent to public rights-of-way and 400 feet or more beyond an intersection, buildings shall be set back no more than thirty (30) feet from the edge of the required landscape strip and/or easements. This thirty (30) foot front yard area may be developed with a combination of landscaping and hard-scape elements, such as plazas, fountains, benches, and tables. Additional shade tree plantings are encouraged within public gathering places and alongside pedestrian paths. 3. Buildings within a development shall have a 20 foot separation between buildings. This are shall be developed as greenspace or with a combination of hardscape and landscaping. 4. In the case where a building(s) in a development can not 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(s) can front on an internal street in the development. The standards in this article that specify a building’s position and relation to the street are also required for a building(s) 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 1. There shall be a maximum height limit of two stories with the maximum height 30 feet from average-finished grade to the bottom of the roof eave. E. Scale 1. For every eighty feet of building length on a single face, there shall be variation in the exterior. This exterior variation shall be accomplished through the following means: a. For each eighty 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. b. For each 80 feet of building exterior wall, there shall be a change in details, or patterns or materials. Page 9 of 23 RZ07-013 Text Amendment F. Parking 1. Parking shall be shared among users within a common development. Parking shall be reduced according to the shared parking standards established in Article 18.2.2 of the Milton Zoning Ordinance. Additional reduction in the number of parking spaces is encouraged. 2. All parking spaces built, which exceed the minimum number required by the Milton Zoning Ordinance, shall be constructed of pervious material. 3. No on site parking shall be located to the front of a building and/or between a building and the public right-of-way (see article 12H.3.2.B 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. 4. 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. 12H.3.6. Building and Other Structure Design. Construction of buildings in styles and types not found in Northwest Fulton 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 Northwest Fulton, 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 non-residential construction, built within 400 feet from the edge of 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. A. Building Design 1. All non-single family 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 Attachment B). 2. All non-single family 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 Page 10 of 23 RZ07-013 Text Amendment building types (see Attachment B). B. Building Material: 1. Exterior wall materials shall consist predominately (a minimum of 80%) of one or a combination of the following materials: horizontal clapboard siding; brick; and stone. 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. 2. Accent wall material (no more than 20%) may include glass, architecturally treated , precast stone. All shall have a natural appearance and/or a historic appearance. 3. Prohibited exterior building materials are: 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: mechanical penthouses & roof screens). C. Roof: 1. Permissible roofs types are gable, pyramidal, and hip. Shed roofs are permitted over porches, additions, and accessory structures. Roof pitches shall be 8 over 12 to 12 over 12. 2. Roof material shall be made out of the following materials: asphalt shingle, wood shingle, wood shake, or standing seam metal. 3. Buildings with a minimum gross square footage of 15,000 square feet are allowed to have a lower pitched roof if they meet all of the following standards: a. A decorative parapet or cornice is constructed along all roof lines with a lower pitch than specified in Section 12H.3.6.C (1). b. Roof top equipment is screened from public view from all adjacent public streets. 4. Mansard roofs are not permitted. D. Windows: 1. 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 of the building exterior. 2. For wall sections greater than ten (10) feet wide: Page 11 of 23 RZ07-013 Text Amendment a. No one window shall exceed 32 square feet. No grouping of window shall exceed 100 square feet. b. 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. c. Windows on the building side and rear may have window spacing up to two window widths apart. d. Window sills shall be placed a minimum of two feet above finished grade. 3. 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 1 (width). 4. 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. The upper sash of all windows shall have divided lights. Clip-ins are allowed. 5. 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. 6. If windows are paired or grouped in larger numbers, windows shall have divided lights of 2/1 or more. E. Doors: 1. Allowed doors used as entryways by the public include: a. Wood or simulated solid wood door with raised panels b. Wood or simulated wood door with raised panels on the bottom half and glass on the top half c. Glass door with divided lights 2. 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. 1. Articulated building entryways are typical of building types Page 12 of 23 RZ07-013 Text Amendment throughout the district. Therefore main entrances shall have greater architectural details by including a minimum of two of the following elements: a. Decorative columns or posts b. Pediments c. Arches d. Brackets e. Transoms over doorways f. Sidelights g. Porticos h. Recesses/projections 2. If used, shutters shall be operable and fit the size of the window. 3. 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: 1. Out-parcel buildings, accessory structures, fences and walls shall have architectural features and exterior materials consistent with the principal building(s). H. The following building components shall be prohibited if visible from public street: steel gates, burglar bars, chain link fence, steel roll down curtains. If not visible from any public street, such treatments are allowed 12H.3.8. 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 incorporates sensitivity to its natural surrounding. 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 Attachment A. 12H.3.8.1 Sign Structure Colors. A. All colors when applied to a neutral background using the pallet in Attachment C will be acceptable. Colors used for corporate identity Page 13 of 23 RZ07-013 Text Amendment or graphics shall not exceed over 30% of the total signage area, thereby leaving 70% of the total sign area to remain in the neutral background color. B. Acceptable colors are listed in Attachment A. 12H.3.9. Graffiti. Graffiti defacing the facade of any building, sign, path, accessory structure, wall, fence or other site element is prohibited. 12H.3.10. Towers and Antennas. Antenna, tower and associated structures should blend in with their surrounding as much as possible. A. Antennas and towers shall be as far away from the right of way as possible or be located next to established tree plantings. B. Antennas, towers and accessory structures shall be a dark matt non­ reflective color such as dark gray. C. Antennas, towers and accessory structures shall have no lights other than those required by the Federal Aviation Administration. D. The landscape buffer around the antennas, towers and accessory structure shall be natural and informal by having an irregular shape. E. The plantings in the landscape buffer shall obscure any accessory structures within one year of planting. F. In the landscape buffer, a mix of three species of trees acceptable to the Milton Arborist should be planted. In the mix of trees one should be evergreen, one deciduous and one seasonal or perennial. G. Fence openings shall be out of view from the public right-of-way. H. Where appropriate, towers should be camouflaged. 12H.4. SEVERABILITY. In the event that any section, subsection, sentence, clause or phrase of this Article 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 Article, which shall remain in full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part thereof. 12H.5. APPEALS. Any persons aggrieved by a final decision of the Department of Community Development relating to this Article 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 Section 22.4 et seq. of the City of Milton Zoning Ordinance. Such appeal shall be filed within 30 days after the final decision of the Department is rendered. Page 14 of 23 RZ07-013 Text Amendment 12H.6. EFFECTIVE DATE. Applications for building permits, land disturbance permits, and sign permits filed on or after the day of adoption of this Ordinance shall meet the standards of this Overlay District. 12H.7. ADOPTION. NOW, THEREFORE BE IT RESOLVED, the City of Milton Mayor and City Council does hereby ordain, resolve, and enact the foregoing Article XIIH to the City of Milton Zoning Ordinance. Attachment A Acceptable Building Material and Sign Color Palette A. Colors apply to building materials, architectural and decorative elements, and sign structure. B. The numbers refer to Pantone Matching System, an international color matching system. The PMS Color Guide can be matched using a variety of methods: - Modern Digital Scanning/Color Interpretation - Cross referencing Paint Manufacturers Formulas -Visual comparison matching 3. Colors have been chosen not only by what is found architecturally in the Northwest Fulton 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. Whites Page 15 of 23 RZ07-013 Text Amendment Acceptable “whites” are described as subtle shades or tints of white, including “neutral”, “antique”, “taupe”, or “sandstone”. Quarter-tones Quarter tones are one-quarter the strength of a full color. It provides a softer transition between colors. Mid-tones Half-way between light and dark. Shadow-tones Dark colors are fully pigmented and offer rich colors for darker accenting without relying on basic browns, blacks, and grays. 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) Page 16 of 23 RZ07-013 Text Amendment Page 17 of 23 RZ07-013 Text Amendment Page 18 of 23 RZ07-013 Text Amendment Page 19 of 23 RZ07-013 Text Amendment Page 20 of 23 RZ07-013 Text Amendment ATTACHMENT B Characteristics of Northwest Fulton Crossroads Communities The Northwest Fulton Overlay is based on the overall setting and characteristics of the rural crossroads communities in Northwest Fulton. In order to determine their qualities, a visual survey was conducted of Crabapple and Birmingham as well as commercial buildings in Hopewell and Arnold Mill, the main crossroads communities in Northwest Fulton. Commercial development in Northwest Fulton 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 twenty 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 of Northwest Fulton. 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 late 1800's 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 foot print. 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 6 lights over 6, 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 facades 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. 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 set back ten to forty feet from the sidewalk. In addition, wood fences, retaining walls and hedges often define the boundaries of the property. Page 21 of 23 RZ07-013 Text Amendment 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 6 lights over 6, 3/1 9/9, 1/1 and 2/2. Some have sidelights and transom lights around the front door and fixed arched windows. 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 Attachment B. 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 many 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 Attachment B. Greek Revival: frieze board, round columns, Doric columns, flute columns, gable returns, corner pilasters, dentil molding, pedimented gable. Queen Anne and Folk Victorian: decorative cut shingles, verge board, turned posts, ionic columns, porch with turned balusters, frieze board. Craftsman: wood or brick battered columns on brick or stone piers, exposed rafter ends, overhanging eaves, gable braces, frieze board, gable returns. Page 22 of 23 RZ07-013 Text Amendment NORTHWEST FULTON OVERLAY DISTRICT MAP Page 23 of 23 RZ07-013 Text Amendment ADOPTED BY THE BOARD OF COMMISSIONERS ON FEBRUARY 7, 1996 ARTICLE XII SECTION 12A OVERLAY DISTRICT AUTHORITY 12A.1.1. DECLARATION OF PURPOSE, SCOPE, INTENT AND PUBLIC POLICY. The Fulton County Board of CommissionersCity of Milton Mayor and City Council finds that as a matter of public policy that the aesthetic, economic and functional qualities of unincorporated Fulton County are worthy of enhancement and preservation and are essential to the promotion of the health, prosperity, safety and general welfare of the existing and future residents of unincorporated Fulton County. Therefore, the Board of CommissionersCity of Milton Mayor and City Council authorizes each planning area to propose overlay districts and regulations, and, if desired, to request that the Mayor and City Council Board appoint a design review board. The purpose of said design review board and overlay district regulations shall be: 1. To foster civic pride. 2. To promote attention to accepted design principles in areas of new development and redevelopment. 3. To raise the level of community understanding and expectation for quality in the built environment. 4. To implement the Comprehensive Plan. 5. To provide for the designation, protection, rehabilitation and redevelopment of properties within overlay districts and to participate in federal and state programs designed to do the same. 6. To protect and enhance local aesthetic and functional qualities and to stimulate business. 7. To enhance the opportunities for federal, state and local tax benefits under relevant federal, state and local laws. The Board of CommissionersCity of Milton Mayor and City Council further finds ZONING RESOLUTION OF FULTON COUNTYCity of Milton Zoning Ordinance 12A-1 RZ07-014 Text Amendment that the timely exercise of judgment in the public interest by a public body of proposed new development or redevelopment is desirable. Accordingly, the public policy objectives of this ResolutionOrdinance are to guide certain aspects of development, such as: 1. The spatial relationships of structures and open spaces to each other, and 2. The appearance of buildings and open spaces as they contribute to the attractiveness, function, economy and character of an area. Planning area design standards are intended to be uniformly applied to evaluate the appropriateness of proposed changes to an overlay district in order to: 1. Protect and enhance the visual qualities and character of the district, 2. Provide guidance to design professionals, property and business owners undertaking construction in the district, 3. Recommend appropriate design approaches, and 4. Provide an objective basis for review, assuring consistency and fairness. 12A.2.1. DEFINITIONS. Words not defined herein shall be construed to have the meaning given in Article III of The City of Milton ZoningZoning ResolutionOrdinance of Fulton County, or, by Webster's Ninth New Collegiate Dictionary. The words "shall" and "must" are mandatory, and the words "may" and "should" are permissive. As used in this resolutionOrdinance, the following terms shall be defined as follows: Appearance: The outward aspect that is visible to the public. Appropriate: Fitting to the context of a site, neighborhood or community. Architectural Concept: The basic aesthetic idea of a structure, or group of structures, including the site, signs, buildings and landscape development that produces the architectural character. Architectural Feature: A significant element of a structure or site. Attractive. Having qualities that arouse satisfaction and pleasure in numerous, but not necessarily all, observers. ZONING RESOLUTION OF FULTON COUNTYCity of Milton Zoning Ordinance 12A-2 RZ07-014 Text Amendment Building. A building is a structure created to shelter any form of human activity, including but not limited to, a house, store, barn, church, hotel. Certificate of Endorsement (COE). A document evidencing support of a material change in the appearance of a property located within an overlay district by the person or board designated within an overlay district. Cohesiveness. Unity of composition among elements of a structure or among structures, and their landscape development. Compatibility. Harmony in appearance of architectural features in the same vicinity. Design Review Board (DRB). A panel which, when appointed by the Board of CommissionersCity of Milton Mayor and City Council, consists of seven (7) members appointed to consider applications within a specific overlay district. Designation or Designated. A decision by the Board of CommissionersCity of Milton Mayor and City Council of Fulton County, Georgia, wherein a property or district is declared an overlay district. External Design Feature. The general arrangement of any portion of structures or landscaping, including the type, and texture of the materials, the type of roof, windows, doors, lights, signs, and fixtures of portions which are open to the public view. Exterior Architectural Features. The architectural style, general design and general arrangement of the exterior of a structure and site, including but not limited to the kind or texture of the building material and the type and style of all windows, doors, signs, facade, landscaping and other architectural fixtures, features, details, or elements relative thereto. Geographic Area. Land area subject to overlay district regulations. Harmony. A quality that represents an attractive arrangement of parts, as in an arrangement of various architectural elements. Landscape. Plant materials, topography and other physical elements combined in relation to one another and to structures including pavement. Logic of Design. Widely accepted principles and criteria in the solution of design problems. ZONING RESOLUTION OF FULTON COUNTYCity of Milton Zoning Ordinance 12A-3 RZ07-014 Text Amendment Material Change in Appearance. A change in a structure or a parking lot within an overlay district that exceeds ordinary maintenance or repair (defined below), and requires either a sign permit, building permit or land disturbance permit such as, but not limited to: 1. The erection, alteration, restoration, addition or removal of any structure (including signs) or parking lot; 2. Relocation of a sign or building; 3. Commencement of excavation; or 4. A change in the location of advertising visible from the public right-of-way. Ordinary Maintenance or Repair. EXEMPT from inclusion in "Material Change in Appearance" defined above. Ordinary maintenance or repair of any exterior of any structure, parking lot or sign in or on an overlay district property to correct deterioration, decay or damage, or to sustain the existing form, and that does not involve a material change in outer design, material, or appearance thereof. Painting, reroofing, resurfacing, replacement of a broken sign face and other similar types of ordinary maintenance shall be deemed ordinary maintenance and repair. Overlay District. A geographically definable area, possessing a significant concentration or linkage of sites, buildings, structures, objects or landscapes, including the adjacent area necessary for the proper treatment thereof, united by plan and/or physical development. An overlay district shall further mean an area designated by the Fulton County Board of CommissionersCity of Milton Mayor and City Council as such. Overlay Property. An individual site, structure, object or landscape, including the adjacent area necessary for the proper continuity thereof, contained within an overlay district. Proportion. Balanced relationship of parts of a building, signs and other structures, and landscape to each other and to the whole. Scale. Proportional relationships of the size of parts to one another and to humans. Street Hardware. Objects other than buildings that are part of the streetscape. Examples are: street light fixtures, utility poles, traffic lights and their fixtures, benches, litter containers, planting containers, fire hydrants, etc. ZONING RESOLUTION OF FULTON COUNTYCity of Milton Zoning Ordinance 12A-4 RZ07-014 Text Amendment Streetscape. The appearance and organization along a street of buildings, paving, plantings, street hardware and miscellaneous structures. 12A.3. CERTIFICATES OF ENDORSEMENT. 12A.3.1. APPROVAL OF ALTERATIONS OR NEW CONSTRUCTION. Applicants for a Fulton County land disturbance permit, sign permit or building permit shall obtain a Certificate of Endorsement (COE) for applicable properties. 12A.3.2. GUIDELINES AND CRITERIA FOR CERTIFICATES OF ENDORSEMENT. Issuance of Certificates of Endorsement (COE) shall be based on the criteria of the Zoning ResolutionOrdinance of the City of MiltonFulton County along with other criteria adopted by the Board of CommissionersCity of Milton Mayor and City Council. 12A.3.3. SUBMISSION OF PLANS. An application for a COE shall be accompanied by such drawings, photographs, material samples or plans as may be required pursuant to the overlay district provisions. 12A.3.4. INTERIOR ALTERATIONS. Review of applications for endorsement shall not consider interiors or exterior features which are not visible from a public street. 12A.3.5. ISSUANCE OF A CERTIFICATE OF ENDORSEMENT. A. A COE may be issued when the proposed material change(s) in the appearance or arrangement of the elements of the project is consistent with the overlay district provisions. B. A copy of each final COE shall be maintained in the Community Development Services Department. 12A.3.6. EXCEPTIONS. When, by reason of unusual circumstances, the strict application of any provision of this Article would result in the exceptional practical difficulty or undue hardship due to the circumstances unique to the particular property in question, the Board of Zoning Appeals, in passing upon applications, shall consider and issue exceptions to said provisions so as to relieve such difficulty or hardship provided such exceptions shall remain in harmony with the general purpose and intent of said provisions, so that the integrity or character of the property, shall be conserved and substantial justice done. A hardship shall not qualify as an undue ZONING RESOLUTION OF FULTON COUNTYCity of Milton Zoning Ordinance 12A-5 RZ07-014 Text Amendment hardship if it is of a person’s own making. In granting such exceptions, the Board of Zoning Appeals may impose such reasonable and additional stipulations and conditions as will, in its judgment, best fulfill the purpose of this Article. 12A.3.7. APPEALS. Appeals are to the Board of Zoning Appeals. Any appeal of a decision of the Board of Zoning Appeals is to Fulton County Superior Court in accordance with Article XX. 12A.3.8. DEADLINE FOR CONSIDERATION OF APPLICATION FOR COE. The DRB shall consider a completed application for a COE within 6015 days after the filing thereof by the owner or occupant of an overlay district property. If the application has not been acted upon within 6015 days, and the application shall be considered to be approved as submitted. 12A.3.9. RELATIONSHIP OF THIS ARTICLE TO OTHER ZONING PROVISIONS. The adoption of a resolutionOrdinance designating an overlay district, is an amendment to the existing Zoning ResolutionOrdinance. Designation of a zoning overlay district and shall be shown as such on the Official Zoning Maps of Fulton Countythe City of Milton, Georgia. 12A.4. MAINTENANCE OF PROPERTIES, BUILDING CODE AND ZONING PROVISIONS 12A.4.1. ORDINARY MAINTENANCE OR REPAIR. Ordinary maintenance or repair of any exterior feature visible from a public street in or on an overlay district property to correct deterioration, decay or damage, or to sustain the existing form, and that does not involve a material change in design, material, or outer appearance thereof, does not require a building, sign, or land disturbance permit. 12A.4.2. FAILURE TO PROVIDE ORDINARY MAINTENANCE OR REPAIR. The owner or owners, or the owner's agent, of each designated overlay district property or site, shall keep in good repair all of the exterior portions of such property and site and all interior portions thereof which, if not maintained, may cause or tend to cause the exterior portion of such property or site to deteriorate, decay or become damaged or otherwise to fall into a state of disrepair. The Director of Community Development director of the Department of Inspections and Zoning Enforcement sshall be responsible for the enforcement of the ordinary maintenance or repair provisions contained within this section. ZONING RESOLUTION OF FULTON COUNTYCity of Milton Zoning Ordinance 12A-6 RZ07-014 Text Amendment 12A.4.3. AFFIRMATION OF EXISTING BUILDING CODES AND ZONING. Nothing in this ResolutionOrdinance shall be construed to exempt property and business owners from complying with other existing CityCounty regulations whenever this Article does not apply. This resolutionOrdinance is an amendment to the Zoning ResolutionOrdinance and all other provisions of the Zoning ResolutionOrdinance shall remain in effect unless provisions in the overlay district conflict with other provisions of the Zoning ResolutionOrdinance, in which case, the stricter provisions of the overlay district shall apply. 12A.5. INTERPRETATION, VIOLATIONS, ENFORCEMENT AND PENALTY PROVISIONS 12A.5.1. VIOLATIONS. This Article shall be governed by Article XXIX, Section 29.1 of this ResolutionOrdinance. 12A.5.2. ENFORCEMENT. This Article shall be governed by Section 26.3 of this ResolutionOrdinance. 12A.5.3. PENALTY. Violation of this ResolutionOrdinance shall be punished as provided for by Section § 21-1-8 of the Fulton County Code. 12A.5.4. SEVERABILITY. In the event that any section, subsection, sentence, clause or phrase of this resolutionOrdinance 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 Article which shall remain in full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part thereof. 12A.5.5. CONFLICTS. If the provisions of this Article conflict with this ResolutionOrdinance, or other ordinances, resolutionOrdinances or regulations, the provisions of this Article shall govern or prevail to the extent of the conflict. 12A.5.6. INTERPRETATION. This Article shall be governed by Section 26.1 of this ResolutionOrdinance. ZONING RESOLUTION OF FULTON COUNTYCity of Milton Zoning Ordinance 12A-7 RZ07-014 Text Amendment RZ07-015 There are 10 overlay districts within Article 12 that are not located with in the city boundaries. Staff is requesting that these obsolete sections be deleted to help streamline the current ordinance. Listed below are the overlay districts to be deleted: XII-B – Sandy Springs Overlay District XII-B(1) – Perimeter Community Improvement District XII-C – Cascade Corridor Overlay District XII-D – Old National Highway Overlay District XII-E – Northeast Fulton Overlay District XII-F – Sandtown Overlay District XII-J – Chattahoochee Hill Country Overlay District XII-K – South Fulton Parkway Overlay District XII-L – Cliftondale Overlay District XII-M – Cedar Grove Overlay District ADOPTED BY THE MILTON CITY COUNCIL DECEMBER 21, 2006 ARTICLE XIX Administrative Permits and Use Permits 19.1. 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 standards which apply to each use are enumerated and must be met in order for an application to be granted. 19.2. APPLICATION AND APPROVAL Uses allowable with an ADMINISTRATIVE PERMIT and the minimum standards for such uses are listed in Section 19.3 of this Article. Uses allowable with a USE PERMIT and the minimum standards for such uses are listed in Section 19.4 of this Article. 19.2.1. APPLICATION OF REGULATIONS. Uses enumerated herein may be authorized by Administrative Permit or Use Permit, as specified. The regulations contained in this Article shall not apply to any Permitted Use in any zoning district. 19.2.2. ADMINISTRATIVE PERMITS. Any use authorized by Administrative Permit shall be approved and permitted by the Director of the Environment and Community Development Department whenever the proposed use complies fully with the requirements of the subject property’s zoning district and standards as set forth in Section 19.3. 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 Director of the Public Works Department with respect to roadway, water, sewer and/or other infrastructure improvements, and rights-of-way dedications which must be met. 19.2.3. USE PERMITS. CITY OF MILTON ZONING ORDINANCE 19-1 RZ07-017 Text Amendment Any use authorized by Use Permit may be approved by the Board of CommissionersMayor and City Council in accordance with standards enumerated under each use (Section 19.2.4) provided: (Amended 11/03/93, 04/05/95, 04/03/02) A. The subject use is allowable in the subject property’s zoning district; B. The standards for the Use Permit as specified in Article 19 can be met, as well as Use Permit Considerations pursuant to Section 19.2.4 (Amended 04/05/95); C. A public hearing has been held in relation to the Use Permit before the Fulton County Community Zoning BoardCity of Milton Planning Commission and the Fulton County Board of CommissionersMayor and City Council in conformance with the notice standards outlined in Article XXVIII; D. Recommendations have been received from the Fulton County Environment andCity of Milton Community Development Department staff and the Fulton County Community Zoning BoardCity of Milton Planning Commission; and E. Conditions imposed with respect to right-of-way dedication and roadway, water, sewer and/or other infrastructure improvements are met. 19.2.3.1. Applications. Use Permit requests shall require a separate 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 hearing, notice and evaluation shall be provided in accordance with Article XXVIII 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 treated independently in the minutes of the Board of CommissionersMayor and City Council meeting. 19.2.3.2. Expiration. All Use Permits shall expire within three (3) years from the date of approval by the Board of CommissionersMayor and 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 XXVIII. (Amended 6/5/91) 19.2.3.3. Re-application. The same or substantially similar petition for a Use Permit which has been denied by the Board of CommissionersMayor and City Council shall not be resubmitted to the the Environment and Community Development Department for a period of 6 months from the date of the denial. CITY OF MILTON ZONING ORDINANCE 19-2 RZ07-017 Text Amendment 19.2.3.4. Variances. Variances to Use Permit standards contained in Section 19.4 for receiving a Use Permit may be considered by the Board of CommissionersMayor and 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 listed on the Use Permit petition as a Concurrent Variance in accordance with Article XXII, APPEALS, Section 22.9. 19.2.3.5. Accessory Uses. Structures and land may be used for uses customarily incidental to any approved use. (Amended 04/03/02) 19.2.4. USE PERMIT CONSIDERATIONS. In the interest of the public health, safety and welfare, the Board of CommissionersMayor and 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 Board of Commissioners Mayor and City Council shall consider each of the following: (Amended 12/04/91, 04/05/95, 02/07/96) (1) Whether the proposed use is consistent with the Comprehensive Land Use Plan and/or Economic Development Revitalization plans adopted by the Board of CommissionersMayor and 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/or 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 openRESERVE space; (7) Protective screening; (8) Hours and manner of operation; CITY OF MILTON ZONING ORDINANCE 19-3 RZ07-017 Text Amendment (9) Outdoor lighting; and (10) Ingress and egress to the property. 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. 19.2.5. ADDITIONAL RESTRICTIONS. Any use may be authorized by Administrative Permit or Use Permit shall comply with all other CountyCity regulations, zoning district regulations, conditions of zoning approval and other regulations contained herein. All buffers required shall have a 10-foot improvement setback in accordance with Section 4.2.3. The reduction of said setback shall be subject to the approval of the Department of Environment and Community Development in accordance with Article 22. Whenever a standard contained in this section is in conflict with another provision of this ResolutionOrdinance, the more restrictive provision shall prevail. Unless otherwise specified, standards, conditions and stipulations attached to a Use Permit by the Board of CommissionersMayor and City Council shall supersede conflicting zoning conditions approved on the same site. CITY OF MILTON ZONING ORDINANCE 19-4 RZ07-017 Text Amendment ADOPTED BY THE MILTON CITY COUNCIL DECEMBER 21, 2006 ARTICLE XIX Section 19.3 Administrative Permits 19.3. MINIMUM ADMINISTRATIVE PERMIT STANDARDS. 19.3.1. ALTERNATIVE ANTENNA SUPPORT STRUCTURE TO EXCEED THE Formatted: Strikethrough DISTRICT HEIGHT (Added 03/5/97, Amended 05/17/06) RESERVE (Alternative Antenna Support Structure to Exceed the District Height deleted) INTENT Pursuant to Section 704(a) of the Federal Telecommunications Policy Act of 1996, it is not the intent of this section to prohibit or have the effect of prohibiting the provision of personal wireless services in unincorporated Fulton County. It is the intent of this Section to address the aesthetic effect of telecommunication facilities on our landscapes, our citizens’ demands for these services, and the needs of service providers. A. Required Districts: All B. Standards: 1. Alternative structures are not allowed as an accessory to a single family use or as a principal use in a single family district. 2. Alternative structures must be set back a distance equal to the height of the structure adjacent to residential and/or AG-1 zoned property unless said structure is proposed to be located on an existing building. 3. Above ground equipment shelters shall be surrounded by a minimum 10-foot wide landscape strip planted to buffer standards CITY OF MILTON ZONING ORDINANCE 19-5 RZ07-017 Text Amendment Formatted: Font: Bold Formatted: Strikethrough unless the Fulton County Arborist determines that existing plant materials are adequate. 4. Roof top antennas and associated structures shall not project more than 10 feet above roof line. 5. Height shall not exceed 130 feet measured from the finished grade of the base structure. 6. The alternative structure shall comply with applicable state and local statutes and ordinances, including, but not limited to, building and safety codes. Alternative structures which have become unsafe or dilapidated shall be repaired or removed pursuant to applicable state and local statutes and ordinances. 7. Facilities shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration (FAA). 8. Communication towers shall be designed and constructed to ensure that the structural failure or collapse of the tower will not create a safety hazard to adjoining properties, according to applicable Federal Standards which may be amended from time to time. 9. Telecommunications facilities shall not be used for advertising purposes and shall not contain any signs for the purpose of advertising. 10. Any telecommunications facility may co-locate on any existing tower, pole or other structure as long as there is no increase in height to the existing facility. 11. A telecommunication facility that ceases operation for a period of 12 consecutive months shall be determined to have terminated and shall be removed within 90 days of termination at the property owner's expense. It shall be the duty of both the property owner and the tower owner to notify the county in writing of any intent to abandon the use of the tower. 12. An application for a telecommunications facility shall be submitted in accordance with the Department’s Plan Review submittal requirements. CITY OF MILTON ZONING ORDINANCE 19-6 RZ07-017 Text Amendment 13. An application for a telecommunication facility shall include a certification from a registered engineer that the structure will meet the applicable design standards for wind loads. 14. Communications facilities shall not be located in 100-year flood plain or delineated wetlands. 19.3.1(1) AMATEUR RADIO ANTENNA TO EXCEED THE DISTRICT HEIGHT. (See Use Permit 19.4.5)(Added 07/07/93) RESERVE (Amateur Radio Antenna to Exceed the district Height deleted) Formatted: Font: Italic Formatted: Strikethrough INTENT. It is the intent of this Article 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 Fulton CountyCity's governmental interests in land planning, aesthetics and public safety by requiring the following standards: A. Required Districts: All B. Standards: 1. Antennas shall be located in the rear yard. 2. The maximum height shall be 90 feet. Any request to exceed the maximum height shall require a Use Permit (See 19.4.5) 3. All antennas shall be set back from all property lines 1/3 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. 4. Antennas shall not be lighted. 5. All antennas must be constructed with an anti-climbing device. 6. Antennas shall be painted in a neutral color identical or closely compatible with surroundings. CITY OF MILTON ZONING ORDINANCE 19-7 RZ07-017 Text Amendment 7. All guy wires must be anchored on site and outside of right-of-way. 19.3.1(2) ANTENNA, TOWER, AND ASSOCIATED STRUCTURES (RADIO, T.V., MICROWAVE BROADCASTING, ETC.), TO EXCEED THE DISTRICT HEIGHT (TITLE AMENDED 3/6/91, AMENDED 03/05/97, 05/17/06) RESERVE (Antenna, Tower, and Associated Structures(Radio, T.V., Microwave Broadcasting, etc.) to Exceed the District Height deleted.) Formatted: Font: Italic Formatted: Strikethrough INTENT Pursuant to Section 704(a) of the Federal Telecommunications Policy Act of 1996, it is not the intent of this section to prohibit or have the effect of prohibiting the provision of personal wireless services in unincorporated Fulton CountyCity. It is the intent of this Section to address the aesthetic effect of telecommunication facilities on our landscapes, our citizens’ demands for these services, and the needs of service providers. The following regulations on design, location, placement, and height limits of antennas implement Fulton CountyCity's governmental interest in land planning, aesthetics and public safety by requiring the following Administrative Permit Standards: A. Required Districts: O-I, C-1, C-2, M-1A, M-1, M-2 (See Use Permit, Section 19.4.7, for use in residential and AG-1 districts.) B. Standards: 1. Tower/accessory structures must be set back a distance equal to the height of the tower adjacent to residential and/or AG-1 zoned property. 2. Tower and/or associated facilities shall be enclosed by fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device. 3. A minimum 10-foot wide landscape strip planted to buffer standards shall be required around the facility exterior to any fence or wall unless the Fulton CountyCity Arborist determines that existing plant materials are adequate. CITY OF MILTON ZONING ORDINANCE 19-8 RZ07-017 Text Amendment 10 4. Height shall not exceed 200 feet measured from the finished grade of the base structure. 5. The tower shall comply with applicable state and local statutes and ordinances, including, but not limited to, building and safety codes. Towers which have become unsafe or dilapidated shall be repaired or removed pursuant to applicable state and local statutes and ordinances. 6. Facilities shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration (FAA). 7. Communication towers shall be designed and constructed to ensure that the structural failure or collapse of the tower will not create a safety hazard to adjoining properties, according to applicable Federal Standards which may be amended from time to time. 8. Telecommunications facilities shall not be used for advertising purposes and shall not contain any signs for the purpose of advertising. 9. Any telecommunications facility may co-locate on any existing tower, pole or other structure as long as there is no increase in height to the existing facility. A commercial telecommunication facility that ceases operation for a period of 12 consecutive months shall be determined to have terminated and shall be removed within 90 days of termination at the property owner's expense. It shall be the duty of both the property owner and the tower owner to notify the countyCity in writing of any intent to abandon the use of the tower. 11. Communication facilities not requiring FAA painting/marking shall have either a galvanized finish or [be] painted a dull blue, gray, or black finish. 12. An application for a telecommunications facility shall be submitted in accordance with the Department’s Plan Review submittal requirements. 13. An application for a telecommunication facility shall include a certification from a registered engineer that the structure will meet CITY OF MILTON ZONING ORDINANCE 19-9 RZ07-017 Text Amendment the applicable design standards for wind loads. 14. Communications facilities shall not be located in 100-year flood plain or delineated wetlands. 19.3.2. 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 all property lines of any residential district and/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 and/or AG-1 district used for single family, except as otherwise permitted with an Administrative Permit for Recreational Court or Swimming Pool. 19.3.3. EVENT, SPECIAL INDOOR/OUTDOOR. (Amended 09/04/91, 07/07/93, 06/01/94, 04/05/95, 08/06/03, 04/05/06) As applicable, special events are subject to the requirements of other Fulton CountyCity Departments, such as Emergency Medical Services Plans, Emergency Planning and Preparedness Plans, tent permits, pyrotechnics permits, food service permits, etc. A. 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, or for the benefit of charity such as tours of homes, show houses, and the like. B. Standards: 1. No more than two Administrative Permits shall be granted per year and no permit shall be effective for more than 14 consecutive days CITY OF MILTON ZONING ORDINANCE 19-10 RZ07-017 Text Amendment 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. 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” x 17”, 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 Department of Environment and Community DevelopmentDepartment 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 Department of Environment and Community Development. A 24­ hour contact number of the property owner or lease holder shall be provided along with permit application. 5. The entire property shall comply with the zoning district’s setback requirements. 6. No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of any residential use. 7. No tent, table or other temporary structure shall be located within 250 feet of a residential structure. 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. All tents are subject to the approval of the Fire Department. 8. Sales from vehicles are prohibited. 9. The entire property shall comply with Fulton CountyCity’s parking requirements. 10. No equipment, vehicle, display or sales activity shall block access to CITY OF MILTON ZONING ORDINANCE 19-11 RZ07-017 Text Amendment 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 33., Section 33.4.12.A.10. 19.3.4. 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 and/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 wide buffer and a 10-foot improvement setback shall be provided adjacent to all buildings and parking areas when said facilities are located adjacent to any residential district and/or AG-1 district used for single family. 5. A minimum 25-foot buffer and a 10-foot improvement setback shall be provided adjoining any residential district and/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 district and/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.. CITY OF MILTON ZONING ORDINANCE 19-12 RZ07-017 Text Amendment 19.3.5. GUEST HOUSE. (Amended 11/1/89, 5/6/92, 2/7/96) 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: 1. No more than one guest house structure per lot may be used for occupancy by relatives, guest(s) or employees that work on the property without payment for rent. 2. A separate kitchen facility shall be allowed. 3. Heated floor area shall be a minimum of 650 square feet and a maximum of 1500 square feet. 4. Principal building setbacks shall apply. 5. The location shall be limited to the rear yard. 19.3.5(1) OPENRESERVE. (Kennels deleted, See 19.3.19 Veterinary Clinic or Hospital and 19.4.24 Outside Animal Facilities or Kennel) 19.3.6. MOBILE HOME - WHILE RESIDENCE IS BEING BUILT. 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 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. CITY OF MILTON ZONING ORDINANCE 19-13 RZ07-017 Text Amendment 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 the principal residence under construction. 19.3.6(1) PARKING, OFF-SITE AND SHARED. Whenever parking as required in Article 18 cannot be accomplished, SHARED PARKING in accordance with Section 18.2.2 may be approved via an Administrative Permit provided: (Added 07/07/99, Moved from Use Permits, 19.4.32.1) A. Required Districts: O-I, C-1, C-2, MIX, M-1, M-1A and M-2 B. Standards: 1. 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. 2. No more than 20 percent of the total parking requirement may be provided off-site via this Administrative Permit. 3. 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 Environment and Community Development Department. 19.3.7. RAPID RAIL TRANSPORTATION STATION. (Added 5/6/92) A. Required Districts: All B. Refer to the MARTA REARRANGEMENT COOPERATIVE AGREEMENT administered by the Department of Public Works. 19.3.8. RECREATIONAL COURT, PRIVATE. (Amended 03/06/91, 04/07/93, 06/01/94, 04/05/95, 02/07/96, 03/03/04) A. Required Districts: All districts except C-1, C-2, M-1, M-1A, M-2 CITY OF MILTON ZONING ORDINANCE 19-14 RZ07-017 Text Amendment 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. Multi-family. 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 parking shall be located a minimum of 100 feet from all adjoining property lines. c. Landscape strips and buffer requirements shall be as specified by Article 4.23.1. d. A maximum 4-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 foot candles 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. 19.3.9. 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. (Amended 03/03/04). CITY OF MILTON ZONING ORDINANCE 19-15 RZ07-017 Text Amendment A. Required Districts: O-I, MIX, C-1, C-2, M-1, M-1A, M-2 B. Standards: 1. 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. 2. Landscape strips and buffer requirements shall be as specified by Section 4.23.1. 3. Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2 foot candles along an adjoining 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. 4. 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 and/or AG-1 districts used for single family. 19.3.10. RELOCATED RESIDENTIAL STRUCTURE. (Added 7/7/99, Moved from 19.4.36, Amended 2/7/01) 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 B. Standards: 1. The applicant shall include the following with the application for the Administrative Permit: 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. CITY OF MILTON ZONING ORDINANCE 19-16 RZ07-017 Text Amendment 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 and/or conditions of zoning. 3. The residential structure shall be affixed to a permanent foundation within 6 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 ResolutionOrdinance (except 2. above) and other applicable regulations shall be met within one year from the date of this permit issuance. 5. A House Moving Permit shall be obtained from the Environment and Community Development Department in conjunction with this Administrative Permit. 11.6. A building permit for the repair and construction of said structure shall be obtained within 30 days of this Administrative Permit issuance. Formatted: Bullets and Numbering Formatted: Bullets and Numbering 13.7. The exterior of the structure shall be brought into compliance with the Fulton CountyCity Housing Code within six months of the issuance of this Administrative Permit. 8. Prior to occupancy, a Certificate of Occupancy must be obtained from the Department of Environment and Community Development. 19.3.10(1) 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: 1. A permit may be granted a maximum of fourteenof fourteen (14) CITY OF MILTON ZONING ORDINANCE 19-17 RZ07-017 Text Amendment 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 and/or AG-1 district used for single family. 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 dwelling. 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. 19.3.11. ROADSIDE PRODUCE STANDS. (Amended 05/06/92, 07/07/93, 04/06/94, 08/06/03, 04/05/06) A. Required Districts: 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, 2 or more permits, not to exceed 4, may be combined for a duration of 60 days, 90 days or a maximum of 120 days. An application for said permit(s) 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” x 17”, 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 Department of Environment and Community Department for approval. Said drawing shall also depict north arrow, curb cuts and traffic patterns. CITY OF MILTON ZONING ORDINANCE 19-18 RZ07-017 Text Amendment 4. The applicant shall provide a notarized written permission statement of the property owner or lease holder of the subject site to the Department of Environment and Community Development. A 24­ hour contact number of the property owner or lease holder shall be provided along with permit application. 5. The property on which the roadside vendor is permitted must be located at least 1500 feet from a permanent business or another vendor which offers the same or similar merchandise as that of the vendor. Vendor shall provide names of all established businesses which sell similar or the same merchandise within 1500 feet of the proposed vendor site. 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 10 feet from any internal drive or permitted curb cut. 7. A minimum of 6 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. 9. No tent, table or other temporary structure shall be located within 100 feet of a residential structure. 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. All tents are subject to the approval of the Fire Department. 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 property CITY OF MILTON ZONING ORDINANCE 19-19 RZ07-017 Text Amendment lines of any residential use. 12. Signage shall be in accordance with Article 33, Section 33.4.12.B.19. 19.3.11(1) ROADSIDE VENDING. (Added 07/07/93) (Amended 04/06/94, 02/07/01, 08/06/03, 04/05/06) A. Required Districts: C-1, C-2, 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 9 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” x 17”, 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 Department of Environment and Community 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 Department of Environment and Community Development. A 24­ hour contact number of the property owner or lease holder shall be provided along with permit application. 5. The property on which the roadside vendor is permitted must be located at least 1500 feet from a permanent business or another vendor which offers the same or similar merchandise as that of the vendor. Vendor shall provide names of all established businesses which sell similar or the same merchandise within 1500 feet of the CITY OF MILTON ZONING ORDINANCE 19-20 RZ07-017 Text Amendment 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 shall also maintain a minimum setback of 10 feet from any internal drive or permitted curb cut. 7. A minimum of 6 parking spaces shall be provided adjacent to the vending area for the exclusive use of the roadside vending 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 table or cart shall be located within 250 feet of a residential structure. 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, 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 advertising the vending operation is prohibited. 19.3.11(2) SEASONAL BUSINESS USE. (Amended 12/04/91, 5/6/92, 07/07/93, 04/06/94, 07/07/99, 03/03/04, 04/05/06) 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., existing as a conforming or a lawful non-conforming nonresidential use. The issuance of this permit does not constitute an expansion or extension of a non­ conforming use. CITY OF MILTON ZONING ORDINANCE 19-21 RZ07-017 Text Amendment 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 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” x 17”, 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 Department of Environment and Community 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 Department of Environment and Community Development. A 24­ hour contact number of the property owner or lease holder shall be provided along with permit application. 5. The property on which the roadside vendor is permitted must be located at least 1500 feet from a permanent business or another vendor which offers the same or similar merchandise as that of the vendor. Vendor shall provide names of all established businesses which sell similar or the same merchandise within 1500 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 10 feet from any internal drive or permitted curb cut. CITY OF MILTON ZONING ORDINANCE 19-22 RZ07-017 Text Amendment 7. A minimum of 6 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. 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. All tents are subject to the approval of the Fire Department. 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 property lines of any residential use. 12. Signage shall be in accordance with Article 33, Section 33.4.12.B.19. 19.3.12. SWIMMING POOL, PRIVATE. (Amended 03/06/91, 05/06/92, 06/01/94, 02/07/96 07/07/99, 12/01/99, 03/03/04) 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 an enclosure. Such enclosure shall be a fence, wall, or building, to prevent access to the pool by unsupervised children and/or animals. The enclosure shall be an effective fence or wall not less than 5 feet high with self-closing, positive-latching gates provided on the outer side of the deck area. The enclosure entrance shall be locked when the pool is not openRESERVE 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 with the regulations administered by the Fulton County Health CITY OF MILTON ZONING ORDINANCE 19-23 RZ07-017 Text Amendment 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. Pools, pool equipment, and their decks must be a minimum of 10 feet from all property lines, except that when perimeter setbacks are required, for example in NUP and TR zoned districts, pools, pool equipment, and decks cannot be located in perimeter setbacks. (Amended 04/05/06) 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 property lines. c. Landscape strips and buffer requirements shall be as specified by Article 4.23.1. d. A maximum 4-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 foot candles 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. Multi-family. Swimming pools, pool equipment, accessory structures, and fencing shall be located a minimum of 100 feet from any residential building, adjoining property line or street. CITY OF MILTON ZONING ORDINANCE 19-24 RZ07-017 Text Amendment 19.3.13. 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. (Amended 11/03/93, 03/03/04) A. Required Districts: O-I, MIX, C-1, C-2, M-1A, M-1 and M-2 B. Standards: 1. 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. 2. Landscape strips and buffer requirements shall be as specified by Article 4.23.1. 3. Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2 foot candles 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. 4. 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. 19.3.14. TEMPORARY CLASSROOM. (Amended 11/03/93, 11/03/04) A. Required Districts: All B. Standards: 1. The structure must be constructed for use as a temporary classroom and certified as such by the Environment and 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 CITY OF MILTON ZONING ORDINANCE 19-25 RZ07-017 Text Amendment Permit conditions. 4. An Administrative Permit for a temporary classroom shall expire three (3) 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. (Amended 11/03/04) 5. The structure shall not be located within any principal building setbacks or within any required landscape strips or buffers. 6. 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 resolutionOrdinance. 19.3.15. TEMPORARY STRUCTURES. (Amended 07/07/93, 11/03/93, 11/03/04) A. Required Districts: All, except Emission Inspection Stations shall be permitted only in Non-residential 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 structures in association with construction, emission inspection stations, portable toilets and other similar uses may be permitted by the Environment and Community Development Department in any district. 2. Temporary structures shall be located outside of any required buffers and landscape areas, and shall maintain the principal building setback of the district except portable toilets must maintain a 200-foot setback from existing dwelling(s). 3. Temporary structures must be removed prior to the issuance of a Certificate of Occupancy or within 5 days of completion of the temporary event or activity for which the structure was approved. 4. Temporary structures used in conjunction with other permitted Administrative and Use Permits shall not be required to obtain a separate Administrative Permit. CITY OF MILTON ZONING ORDINANCE 19-26 RZ07-017 Text Amendment 5. An Administrative Permit for a temporary structure shall expire three (3) 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. (Added 11/03/04) 19.3.16. TEMPORARY USE OF EXISTING DWELLING WHILE RESIDENCE IS BEING BUILT. (Added, 3/6/91) A. Required Districts: All but M-1, M-1A, & M-2 B. Standards: 1. The building permit for the new principal structure shall be issued concurrently with this 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. 19.3.17. OPENRESERVE. 19.3.18. UTILITY SUBSTATIONS (TELEPHONE, ELECTRIC, OR GAS, ETC. (Amended 5/1/91, 11/03/93) A. Required Districts: All. B. Standards: 1. Utility substations measuring less than 35 square feet and less than 5 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 required in this article section. 3. Minimum setback of all utility structures from a residential structure shall be: CITY OF MILTON ZONING ORDINANCE 19-27 RZ07-017 Text Amendment a. Electric -- 200 feet. b. Gas and Telephone -- the applicable minimum setback for the district in which located. 4. A minimum 10-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 and/or AG-1 district used for single family. 6. Interior to landscape strips or buffers that do not accomplish 100% visual screening as defined in the Tree Preservation Ordinance, provide an 8-foot high opaque fence or, masonry wall, a minimum 4­ foot high landscaped earthen berm, a vegetative screen or some combination thereof, subject to the approval of the Environment and Community Development Department. 19.3.19. VETERINARY CLINIC/HOSPITAL OR KENNEL. (See 19.4.24 for Kennel or Outside Animal Facilities); Deleted as a permitted use in C-2, Permitted in AG-1 A. Required Districts: O-I, MIX, C-1, C-2, M-1A, M-1, M-2 B. Standards: 1. All of the activities directly associated with animal treatment shall occur entirely within a completely enclosed soundproof structure. CITY OF MILTON ZONING ORDINANCE 19-28 RZ07-017 Text Amendment ARTICLE XIX Section 19.4 Use Permits 19.4. MINIMUM USE PERMIT STANDARDS. 19.4.1. ADULT BOOK STORE. (AMENDED JUNE 21, 2007 BY THE MILTON CITY COUNCIL) INTENT AND FINDINGS. It is the intent of this article to regulate the place of operation of Adult Book Stores as defined in this Ordinance. 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 book stores are significantly related to diminishing market values of neighboring residential areas, that adult book stores should not be located in residential areas, and that adult book stores should be permitted only in locations that are at least 1/10 mile, or approximately 500 feet, from residential areas. The 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 book stores correlates with a decreasing market value of neighboring residential areas, that adult book stores 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. CITY OF MILTON ZONING ORDINANCE 19-29 RZ07-017 Text Amendment The Council further finds, based upon a May 19, 1986, land use study conducted in Austin, Texas, that an adult book store within one block of a residential area decreases the market value of homes, that adult book stores are considered a sign of decline by lenders, making underwriters hesitant to approve the 90-95% financing many home buyers require, and that patrons of adult book stores tend to be from outside the immediate neighborhood in which the adult book store is located. The 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. The Council further finds that this Section of the zoning resolutionOrdinance regarding regulation of adult book stores has been carefully considered by a workgroup of City staff drawn from the 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 book stores 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. This Section 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 book stores to industrially zoned areas and imposing development standards can legitimately regulate adult book stores by establishing zones where adult book stores 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. It is not the intent of the City Council, in enacting this Section of the Zoning ResolutionOrdinance, to deny to any person rights to speech protected by the United States or Georgia 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 Section of the Zoning ResolutionOrdinance, the City Council does not intend to deny or restrict the rights of any adult to obtain or view any sexually oriented materials protected by the United States or Georgia 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 CITY OF MILTON ZONING ORDINANCE 19-30 RZ07-017 Text Amendment constitutionally protected materials; finally, in the enactment of this ordinance, the City Council intends to adopt a content neutral measure to address the secondary effects of adult bookstores. A. Required Districts: M-1, M-2 (Industrial), C-1 and C-2 (Commercial) districts. B. 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 below: 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 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 where minors are the primary patrons. 2. The boundary line of the use permit must be located at least 1500 feet from the property line of any other adult entertainment establishment or adult book store. 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 1000 feet of the boundary lines of the subject property and adult entertainment establishments or adult bookstores within 1500 feet of the boundary line of the subject property. 4. If the adult book store 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 determined by the Environment and Community Development Department to be in compliance with the terms of this resolutionOrdinance prior to any occupancy. 5. Permitted curb cut access shall be from a Major Thoroughfare. CITY OF MILTON ZONING ORDINANCE 19-31 RZ07-017 Text Amendment CITY OF MILTON ZONING ORDINANCE 19-32 RZ07-017 Text Amendment 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 Section 4.23 shall be required. Where buffers are required, the underlying zoning district buffer standards shall apply. 19.4.1. C. Permit Issuance. : Notwithstanding the provisions of 19.2.3 and 19.2.4, any applicant meeting the above requirements and standards shall be entitled to the issuance of a use permit. 19.4.1. D. Permit 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. 19.4.1. E. Permit Processing. : The City shall have ninety (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 Department of Community Development 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 ninety (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. 19.4.1. F. Denial of Use Permit. : 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 10 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 CITY OF MILTON ZONING ORDINANCE 19-33 RZ07-017 Text Amendment 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. 19.4.1. G. Permit Application. : Nothing in this section shall allow for the conducting or zoning of any business or entity which would otherwise be illegal. 19.4.2 ADULT ENTERTAINMENT ESTABLISHMENTS. (AMENDED JUNE 21, 2007 BY THE MILTON CITY COUNCIL) INTENT. It is the intent of this Section to regulate the place and manner of the operation of businesses or facilities that offer Adult Entertainment as defined in this Ordinance. It is well established and has been the experience of other communities in Georgia and throughout the United States that adult entertainment, which includes public nudity, has been associated with and may encourage disorderly conduct, prostitution and sexual assault. This Section advances the substantial government interest in promoting and protecting public health, safety, and general welfare, maintaining law and order and prohibiting public nudity. The Section is narrowly constructed to protect the First Amendment rights of citizens of the City of Milton 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 are incompatible. Areas and uses which are to be protected from adult entertainment include but are not limited to residential, churches, day care centers, libraries, recreational facilities, and schools. A. Required Districts: M-1 (Light Industrial), M-2 (Heavy Industrial), C-1 and C-2 (Commercial) districts . B. Standards: 1. All boundary lines of the property included within the use permit must be located at least 500 feet from the properties listed below: 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 purposes. CITY OF MILTON ZONING ORDINANCE 19-34 RZ07-017 Text Amendment 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 where minors are the primary patrons. 2. The boundary line of the Use Permit must be located at least 1500 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 of the site and the property lines of surrounding properties identifying the use of properties at or within 1000 feet of the boundary lines of the subject property and adult entertainment establishments and/or adult bookstores within 1500 feet of the boundary line of the subject property. 4. 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. 5. 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 occupancy. 6. Building shall be located a minimum of 50 feet from all property lines. 7. Parking spaces at a ratio of 10 per 1000 gross square feet of floor space shall be provided. 8. Permitted curb cut access shall be directly from a Major Thoroughfare. 9. On-premise signs shall not display lewd or graphic depictions of body parts or acts which are defined in Article and Subsection 3.3.1. 10. No adult entertainment shall be visible from outside the structure. 11. The minimum landscape areas required for the O-I zoning district as specified in Section 4.23 shall be required. Where buffers are required, the underlying zoning district buffer standards shall apply. 19.4.2. C. Permit Issuance. : CITY OF MILTON ZONING ORDINANCE 19-35 RZ07-017 Text Amendment Notwithstanding the provisions of 19.2.3 and 19.2.4, any applicant meeting the above requirements and standards shall be entitled to the issuance of a use permit. 19.4.2. D. Permit 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. 19.4.2. E. Permit Processing. : The City shall have ninety (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 ninety (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. 19.4.2. F. Denial of Use Permit. : 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 10 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 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. 19.4.2. G. Permit Application. : Nothing in this section shall allow for the conducting or zoning of any business or entity which would otherwise be illegal. CITY OF MILTON ZONING ORDINANCE 19-36 RZ07-017 Text Amendment 19.4.3. AGRICULTURAL-RELATED ACTIVITIES. (Added 07/07/99) INTENT. It is the intent of this Article 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. A. Required District: AG-1 B. Standards: 1. Minimum lot size shall be 5 acres. 2. Permitted curb cut access shall not be from a local street. 3. Food services may be provided. 4. A minimum of 100-foot setback is required from all property lines for activity areas, including parking. 5. All structures housing animals shall be set back a minimum of 100­ feet from all property lines. 6. All parking and access areas must be of an all weather surface per Article 18, Festivals, Outdoor. 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 and/or AG-1 districts used for single family. 8. Hours of operation shall commence no earlier than 6:00 a.m. and cease by 10:00 p.m. 9. If located adjacent to any residential district or an AG-1 district used for single family, the minimum buffers and landscape strips required for the O-I District as specified in Section 4.23 shall be required. 10. Sanitary facilities or trash receptacles shall be located a minimum of CITY OF MILTON ZONING ORDINANCE 19-37 RZ07-017 Text Amendment 100 feet from a property line of any residential district and/or AG-1 district used for single family. 19.4.4. AIRCRAFT LANDING AREA. (Amended 3/6/91) 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 and/or AG-1 district used for single family. 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 and/or AG-1 district used for single family, 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 F.A.A. airspace analysis with the Director of the Environment and Community Development Department. 6. In accordance with Section 28.4.3.2., submit an Environmental Impact Report as required. (Amended 04/03/02) 19.4.5. AMATEUR RADIO ANTENNA TO EXCEED THE ADMINISTRATIVE PERMIT HEIGHT. See also Administrative Permit 19.3.1(1). (Added 07/07/93) INTENT. It is the intent of this Article to regulate the placement of amateur radio towers in a manner that does not impose on public health, safety, general welfare. CITY OF MILTON ZONING ORDINANCE 19-38 RZ07-017 Text Amendment The following regulations on design, location, placement, and height limits of antennas in residential districts implements the Fulton CountyCity's governmental interest in land planning, aesthetics and public safety by requiring the following Use Permit Standards: A. Required Districts: All B. Standards: 1. Antennas shall be located in the rear yard. 2. 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. 3. 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. However, the antenna must be 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. 4. Antennas shall not be lighted. 5. All antennas must be constructed with an anti-climbing device. 6. Antennas shall be painted in a neutral color identical or closely compatible with surroundings. 7. All guy wires must be anchored on site and outside of right-of-way. 19.4.6. 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 10 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 CITY OF MILTON ZONING ORDINANCE 19-39 RZ07-017 Text Amendment single family. 3. Permitted curb cut access shall be only from an arterial street. 4. A minimum 100-foot buffer and 10-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. 5. A minimum 50-foot buffer and 10-foot improvement setback shall be provided adjacent to non-residential 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. 7. Eight (8) foot high fencing shall be provided adjacent to properties zoned for residential use or AG-1 districts used for single family. 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 and/or AG-1 districts used for single family. 19.4.7. ANTENNA TOWER, AND ASSOCIATED STRUCTURE (RADIO, T.V., MICROWAVE BROADCASTING, ETC.), TO EXCEED THE DISTRICT HEIGHT. (Titled Changed 3/6/91, Amended 3/5/97, 05/17/06) RESERVE (Antenna Tower, and Associated Structure (Radio, T.V., Microwave Broadcasting, etc.) to exceed the District Height deleted) Formatted: Strikethrough Formatted: Font: Italic Formatted: Strikethrough INTENT Pursuant to Section 704(a) of the Federal Telecommunications Policy Act of 1996, it is not the intent of this section to prohibit or have the effect of prohibiting the provision of personal wireless services in unincorporated Fulton County. It is the intent of this Section to address the aesthetic effect of telecommunication facilities on our landscapes, our citizens’ demands for these services, and the needs of service providers. The following regulations on design, location, placement, and height limits of antennas in residential and AG-1 zoned districts implements Fulton County's CITY OF MILTON ZONING ORDINANCE 19-40 RZ07-017 Text Amendment governmental interest in land planning, aesthetics and public safety by requiring the following Use Permit Standards: A. Required Districts: Residential districts, MIX and AG-1 (See same heading in Section 19.3., for other non-residential districts.) B. Standards: 1. Towers must be set back a distance equal to one and one-half (1½) times the height of the tower adjacent to residential and/or AG-1 zoned property. 2. Height shall not exceed 200 feet from existing grade. 3. Tower and associated facilities shall be enclosed by fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device. 4. A minimum 10-foot landscape strip planted to buffer standards shall be required surrounding the facility exterior to the required fence unless the Fulton CountyCity Arborist determines that existing plant materials are adequate. 5. Antennas or towers shall not have lights unless required by federal or state law. 6. Towers shall not be located within one-half mile from any existing telecommunication tower above the district height, excluding alternative structures. 7. The tower shall comply with applicable state and local statutes and ordinances, including, but not limited to, building and safety codes. Towers which have become unsafe or dilapidated shall be repaired or removed pursuant to applicable state and local statutes and ordinances. 8. Facilities shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration (FAA). 9. Communication towers shall be designed and constructed to ensure that the structural failure or collapse of the tower will not create a CITY OF MILTON ZONING ORDINANCE 19-41 RZ07-017 Text Amendment safety hazard to adjoining properties, according to applicable Federal Standards which may be amended from time to time. 10. Telecommunications facilities shall not be used for advertising purposes and shall not contain any signs for the purpose of advertising. 11. Any telecommunications facility may co-locate on any existing tower, pole or other structure as long as there is no increase in height to the existing facility. 12. A commercial telecommunication facility that ceases operation for a period of 12 consecutive months shall be determined to have terminated and shall be removed within 90 days of termination at the property owner's expense. It shall be the duty of both the property owner and the tower owner to notify the countyCity in writing of any intent to abandon the use of the tower. 13. Communication facilities not requiring FAA painting/marking shall have either a galvanized finish or [be] painted a dull blue, gray, or black finish or shall be screened through fencing and landscaping. 14 An application for a telecommunications facility shall be submitted in accordance with the Department’s Plan Review submittal requirements. 15. An application for a telecommunication facility shall include a certification from a registered engineer that the structure will meet the applicable design standards for wind loads. 16. Communications facilities shall not be located in 100-year flood plain or delineated wetlands. 19.4.8. BED AND BREAKFAST. (Added 06/01/94) A. Required Districts: AG-1 (Agricultural), R-6, and TR (Townhouse Residential) B. Standards: CITY OF MILTON ZONING ORDINANCE 19-42 RZ07-017 Text Amendment 1. A minimum of 2 guest rooms and a maximum of 5 guest rooms are permitted. 2. No parking in the minimum front yard. 3. The bed & 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 Section 4.23 for AG-1 Agricultural District. 6. Parking requirements shall be the same as hotel/motel as specified in Article 18. 7. Identification or advertising signs shall be limited to 4 square feet in surface area and 4 feet in height. 19.4.9. CEMETERY AND/OR 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 and/or AG-1 district used for single family. 3. All structures, including graves, shall be inside meet the minimum yard setbacks or 10 feet, whichever is greater. 4. If located adjacent to a single family dwelling district and/or AG-1 district used for single family, the minimum buffers and landscape strips required for the O-I District as specified in Section 4.23 shall be required. 19.4.10. CHURCH, TEMPLE OR PLACE OF WORSHIP. (Amended 3/6/91, 4/7/93, 04/03/02) CITY OF MILTON ZONING ORDINANCE 19-43 RZ07-017 Text Amendment A. Required Districts: 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, 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 and/or AG-1 district used for single family. 2. No parking shall be located within the minimum front yard setback. 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 Section 4.23 shall be required. 19.4.11. COMMERCIAL AMUSEMENT, OUTDOOR including but not limited to amusement parks, bungee jumping parks, skateboard parks, ski slopes, batting cages, miniature golf, drive-in theaters, etc. (See also 19.4.17 DRIVING RANGES) (Name Change, 03/07/90) A. Required Districts: C-2, M1-A, M-1 and M-2 B. Standards: 1. Permitted curb cut access shall be derived only from arterial streets. 2. A minimum 100-foot buffer and 10-foot improvement setback shall be provided adjacent to residential districts and/or AG-1 districts used for single family. 3. A minimum 50-foot buffer and 10-foot improvement setback shall be provided adjacent to non-residential zoning or development districts. 4. 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 and/or AG-1 districts used for single CITY OF MILTON ZONING ORDINANCE 19-44 RZ07-017 Text Amendment family. 5. Eight (8) foot high fencing shall be provided adjacent to any residential district and/or AG-1 district when used for single family and interior to any required landscape strips or buffers. 6. The hours of operation of the facility shall be limited to 8:00 a.m. to 11:00 p.m. adjacent to residential districts and/or AG-1 when used for single family. 7. All recreational structures and activities shall maintain a minimum setback of 100 feet from any public right-of-way. 8. The height limits of the zoning district shall apply to all recreational structures unless a Use Permit to Exceed the Height is granted (See 19.4.21). 19.4.12. COMPOSTING. (Added 11/03/93) 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 Section 4.23) 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 CITY OF MILTON ZONING ORDINANCE 19-45 RZ07-017 Text Amendment blowing of any materials onto any surrounding property or roadway. 8. The composting facility shall obtain all necessary permits from the 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 and/or AG-1 districts used for single family. 10. In accordance with Section 28.4.3.2., submit an Environmental Impact Report as required. (Amended 04/03/02) 19.4.13. CONVALESCENT CENTER/ NURSING HOME/ HOSPICE. (Added as a permitted use in O-I, MIX, A, A-L, C-1 and C-2 ) A. Required Districts: R-6 and TR B. Standards: 1. Facilities shall be for 5 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 Section 4.23. 4. Provide a 50-foot building setback from all single family districts or AG-1 districts used for single family. 5. No parking allowed within the minimum front yard setback. 6. Rooms or suites of rooms may be designed with separate kitchen facilities. 7. Facility shall comply with applicable local, state, and federal regulations. 8. In accordance with Article 28.4.6., submit a Noise Study Report as CITY OF MILTON ZONING ORDINANCE 19-46 RZ07-017 Text Amendment required. (Added 04/03/02) 19.4.14. COUNTRY INN. A. Required Districts: AG-1 B. Standards: 1. Lot area shall be a minimum of 5 acres. 2. A minimum of 6 guest rooms and a maximum of 30 rooms are permitted. (See Article 19.4.8, Bed and Breakfast, for less than 6 guest rooms). 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. 7. The minimum landscape strip and buffer requirements for the O-I District as specified in Section 4.23 shall be required. 8. Identification or advertising signs shall be limited to one (1) sign of not more than 9 square feet and no more than 4 feet in height. 9. Parking requirements shall be the same as hotel/motel as specified in Article 18. 19.4.15. DAY CARE FACILITY. (Amended 04/03/02, 03/03/04) (Allowed as a permitted use in CUP, O-I, MIX, C-1 & C-2 Districts) 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. B. Standards: CITY OF MILTON ZONING ORDINANCE 19-47 RZ07-017 Text Amendment 1. Facility shall be for 7 or more persons, excluding staff. 2. Provide minimum landscape strips, buffers and improvement setbacks as specified for the O-I district in Section 4.23.1. 3. Provide a minimum 6 foot high opaque fence interior to any required landscape strips and/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 Article 28.4.6., submit a Noise Study Report as required. (Added 04/03/02) 19.4.16. OPENRESERVE. 19.4.17. 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 10 acres. 2. Permitted curb cut access shall be from a major collector or arterial. 3. Loudspeakers/paging systems are prohibited adjacent to residential districts and/or AG-1 districts used for single family. 4. The hours of operation shall be limited to 8:00 a.m. to 11:00 p.m. adjacent to residential districts and/or AG-1 districts used for single family. CITY OF MILTON ZONING ORDINANCE 19-48 RZ07-017 Text Amendment 19.4.17(1) OPENRESERVE. 19.4.18. EQUINE GARMENT FABRICATION. A. Required Districts: AG-1 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. 19.4.19. FESTIVALS OR EVENTS, OUTDOOR/INDOOR including but not limited to horse shows, carnivals, dog shows, arts and crafts shows, music festivals, etc. (Name Changed 03/07/90, Amended 07/07/93, 06/01/94). See FESTIVALS OR EVENTS, OCCASIONAL if not covered herein. A. Required Districts: AG-1, O-I, MIX, C-1, C-2, M-1A, M-1, and M-2 B. Standards: 1. Permitted curb cut access shall be from local streets. 2. Eight (8) foot high 100% opaque fencing shall be provided adjacent to residential districts and/or AG-1 districts used for single family. 3. Hours of operation shall be between 8:00 a.m. and 11:00 p.m. when adjacent to residential districts and/or AG-1 districts used for single family. 4. Activity areas, including parking, shall be at least 100 feet from a residential district and/or AG-1 districts used for single family. 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 and/or AG-1 districts used for single family purposes. (Added 7/5/89) 6. The festival or event shall be limited to a three-year period from the date of the Board of CommissionersMayor and City Council approval not to exceed a total of 180 consecutive days in a calendar year. CITY OF MILTON ZONING ORDINANCE 19-49 RZ07-017 Text Amendment 19.4.20. GROUP RESIDENCE. (Amended 04/03/02) (Allowed as a permitted use in A, A-L, O-I, MIX, C-1 & C-2 Districts) A. Required Districts: R-6 and TR B. Standards: 1. Facilities shall be for 5 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 Section 4.23 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 Department of Environment and Community Development 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. (Added 04/05/06) 19.4.20(1) GROUP RESIDENCE FOR CHILDREN (5 to 8 CHILDREN). (Added 11/03/04, Required Districts Amended 04/05/06) 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 8 children. 2. Parking shall comply with the requirements of Article18 for dwellings. 3. Copies of applicable local, state, and federal permits shall be provided to the Department of Environment and Community CITY OF MILTON ZONING ORDINANCE 19-50 RZ07-017 Text Amendment Development 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. (Added 04/05/06) 19.4.20(2) GROUP RESIDENCE FOR CHILDREN (9 to 15 CHILDREN). (Added 11/03/04) 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 18 for dwellings. 3. Copies of applicable local, state, and federal permits shall be provided to the Department of Environment andof Community Development 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. (Added 04/05/06) 19.4.21. HEIGHT -- TO EXCEED DISTRICT MAXIMUM. (Amended 12/6/89) 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 openRESERVE space and spatial arrangement of buildings and facilities. 2. Sources of exterior illumination shall not be visible from adjoining residences. 19.4.22. OPENRESERVE. 19.4.23. OPENRESERVE. 19.4.24. KENNEL OR OUTSIDE ANIMAL FACILITIES. CITY OF MILTON ZONING ORDINANCE 19-51 RZ07-017 Text Amendment A. Required Districts: C-2, M-1, and M-2 (See Article 19.3.19 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 and/or AG-1 district used for single family. 19.4.25. LANDFILL, INERT WASTE DISPOSAL. (Amended 11/1/89, 11/03/93, 04/05/06) 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 of Georgia 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) zoned districts. 5. A minimum 200-foot buffer and 10-foot improvement setback shall be required along all property lines except public rights-of-way. 6. A minimum 50-foot buffer and 10-foot improvement setback shall be required along all public rights-of-way. 7. A minimum 6-foot high solid fence or wall shall be located on property lines or interior to the required buffers and improvement setbacks. CITY OF MILTON ZONING ORDINANCE 19-52 RZ07-017 Text Amendment 8. Limit hours of operation from 6:00 a.m. to 6 p.m., Monday through Saturday. 9. The owner shall provide the Director of the Environment and 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 is covered to prevent blowing of material from the vehicle. 11. In accordance with Article 28.4.3.2., submit an Environmental Impact Report as required. (Amended 04/03/02) 12. No portion of a new or expanded landfill shall be located within a one (1) 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. (Added 04/05/06) 13. The landfill shall be operated in accordance with the Rules of Georgia, Department of Natural Resources, Environmental Protection Division, Chapter 391-3-4 Solid Waste Management, Official Code of Georgia Annotated 12-8-20 Georgia Comprehensive Solid Waste Management Plan, and 40 CFR Part 258 (Subtitle D of RCRA). (Added 04/05/06) 19.4.26. LANDFILL, SOLID WASTE DISPOSAL. (Amended 11/1/89, 11/03/93, 04/05/06) A. Required Districts: 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 of Georgia as approved by the Director of Public Works. CITY OF MILTON ZONING ORDINANCE 19-53 RZ07-017 Text Amendment 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) zoned districts. 5. A minimum 200-foot buffer and 10-foot improvement setback shall be required along all property lines except public rights-of-way. 6. A minimum 50-foot buffer and 10-foot improvement setback shall be required along all public rights-of-way. 7. A minimum 6-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 p.m., Monday through Saturday. 9. The owner shall provide the Director of the Environment and Community Development Department a current copy of all applicable permits from the Georgia Department of Natural Resource 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 Article 28.4.3.2., submit an Environmental Impact Report as required. 12. No portion of a new or expanded landfill shall be located within a one (1) 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. (Added 04/05/06) 13. The landfill shall be sited and operated in accordance with the Rules of Georgia, Department of Natural Resources, Environmental Protection Division, Chapter 391-3-4 Solid Waste Management, Official Code of Georgia Annotated 12-8-20 Georgia Comprehensive Solid Waste Management Plan, and 40 CFR Part 258 (Subtitle D of RCRA). (Added 04/05/06) CITY OF MILTON ZONING ORDINANCE 19-54 RZ07-017 Text Amendment 19.4.27. LANDSCAPING BUSINESS, PLANT NURSERY, OR GARDEN CENTER WITH INDOOR RETAIL COMPONENT. (Added 04/03/02) A. Required Districts: AG-1 (Agricultural) B. Standards: 1. No access shall be allowed from local streets. 2. No parking is permitted in the minimum front yard. 3. All use areas/structures other than parking and pedestrian walkways shall be located at least 50 feet from any adjoining residential district or AG-1 (Agricultural) district. 4. Limit hours of operation from 6:00 a.m. to 8 p.m. 5. The minimum buffers and landscape strips required for the O-I (Office-Institutional) zoning district as specified in Section 4.23. shall be required. 6. Structure(s) for retail sales shall be limited to 1,000 total gross square feet. 19.4.28. LODGE, RETREAT AND/OR CAMPGROUND facilities to include lodging and food service for social, educational and/or recreational purposes. (Added 8/1/90, Amended 2/7/96) A. Required Districts: AG-1, M-1A, M-1 and M-2 B. Standards: 1. Minimum lot size shall be 10 acres. 2. Permitted curb cut access shall not be derived from a local street. 3. A minimum 100-foot wide buffer and 10 foot improvement setback are required adjacent to residential districts, AG-1 districts used for single family and adjoining a public street. 4. A minimum 50-foot wide buffer and 10 foot improvement district are CITY OF MILTON ZONING ORDINANCE 19-55 RZ07-017 Text Amendment required adjacent to all other non-residential 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 and/or AG-1 district when used for single family. 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 and/or AG-1 districts used for single family. 8. Recreational facilities associated with the use shall be for staff and guests only. 9. One parking space per lodging unit or five (5) per 1000 square feet of floor area, whichever is greater. 19.4.28(1) MEDICAL RELATED LODGING. (Added 12/4/91) (Allowed as a permitted use in A and A-L) A. Required Districts: R-6 and TR 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 and/or an AG-1 district used for single family, the minimum buffers and landscape strips CITY OF MILTON ZONING ORDINANCE 19-56 RZ07-017 Text Amendment required for the O-I District as specified in Section 4.23 shall be required. 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 4 square feet in area and 4 feet in height. 19.4.29. OPENRESERVE. 19.4.30. OPENRESERVE. 19.4.31. 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 Board of CommissionersMayor and City Council’s approval, after which the mobile home shall be removed unless an additional Use Permit has been granted. (Amended 3/4/92) 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. 19.4.32. QUARRIES AND/OR SURFACE MINING SITES. (Added 04/05/06) 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 expanded quarry shall not include any expanded use CITY OF MILTON ZONING ORDINANCE 19-57 RZ07-017 Text Amendment 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 and/or surface mining shall be in compliance with the Georgia Blasting Standards Act of 1978, the 1968 Georgia Surface Mining Act and the U.S. Bureau of Mines RI 8507. 19.4.33. PERSONAL CARE HOME/ASSISTED LIVING. (Allowed as a permitted use in O-I, A, A-L, MIX, C-1 and C-2) A. Required Districts: R-6 and TR B. Standards: 1. Facilities shall be for 5 persons or more. 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 and/or AG-1 districts when used for single family. 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 18.2.1. 6. Provide landscape strips and buffers as required in the O-I district as specified in Article 4.23. 7. Rooms or suites of rooms may be designed with separate kitchen facilities. 8. Facility shall comply with all applicable local, state, and federal CITY OF MILTON ZONING ORDINANCE 19-58 RZ07-017 Text Amendment regulations, and provide applicable permits to the Department of Environment and Community Development prior to the issuance of a certificate of occupancy. 9. In accordance with Article 28.4.6., submit a Noise Study Report as required. (Added 04/03/02) 19.4.34. PRIVATE CORRECTIONAL FACILITY/PRISON. (Added 07/07/99) 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 below: 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 10 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 B.2.a. and b. are located within 500 feet of the boundary lines of the subject property, and/or a correctional facility is located within 10 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 10-foot improvement setback CITY OF MILTON ZONING ORDINANCE 19-59 RZ07-017 Text Amendment 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 10-foot improvement setback shall be provided adjacent to property zoned M-1 and/or M-2. 7. Permitted curb cut access shall be from a major thoroughfare. 8. Parking spaces shall be in accordance with Article 18, 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 ResolutionOrdinance. 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 Environment and Community Development Department prior to the issuance of a certificate of occupancy. 19.4.35. RACE TRACK. A. Required Districts: AG-1, M-1 and M-2 B. Standards: 1. A minimum of 10 acres is required. 2. The race track and spectator stands for animal tracks shall be located a minimum of 500 feet from residential districts and/or AG-1 districts used for single family, 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 10-foot improvement setback shall be provided adjacent to residential districts and/or AG-1 districts used for single family. CITY OF MILTON ZONING ORDINANCE 19-60 RZ07-017 Text Amendment 5. A minimum 50-foot buffer and 10-foot improvement setback shall be provided adjacent to all other property lines. 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 and/or AG-1 districts used for single family. 8. Hours of operation shall be limited to 8:00 a.m. to 10:00 p.m. when adjacent to residential districts and/or AG-1 districts used for single family. 9. In accordance with Section 28.4.3.2., submit an Environmental Impact Report as required. (Amended 04/03/02) 19.4.36. RECREATIONAL FIELDS including but not limited to soccer, softball, baseball, polo, football, cricket, etc. A. Required Districts: All B. Standards: 1. Permitted curb cut access shall not be from a local street. 2. A minimum 50-foot buffer and 10-foot improvement setback shall be provided adjacent to residential districts and/or AG-1 districts used for single family. 3. Loudspeakers/paging systems are prohibited adjacent to residentially used property. 4. The hours of operation shall be limited to daylight hours when said facility is located adjacent to residential districts and/or AG-1 districts used for single family. 19.4.37. RECYCLING CENTER, PROCESSING. (Added 12/4/91, Amended 04/03/02) A. Required Districts: C-2 and M-1A CITY OF MILTON ZONING ORDINANCE 19-61 RZ07-017 Text Amendment B. Standards: 1. Limit hours of operation from 7:00 a.m. to 8 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 10-foot improvement setback shall be required along all property lines except public rights-of-way. 4. A minimum 50-foot buffer and 10-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 and/or AG-1 districts used for single family. 10. The recycling center shall comply with regulations administered by the Fulton County Department of Health. 11. In accordance with Article 28.4.3.2., submit an Environmental Impact Report as required. (Amended 04/03/02) 19.4.38. OPENRESERVE. 19.4.39. SALVAGE, STORAGE, AND/OR JUNK FACILITY. (Amended 11/03/93, 04/03/02) CITY OF MILTON ZONING ORDINANCE 19-62 RZ07-017 Text Amendment A. Required Districts: M-1 and M-2 B. Standards: 1. No portion of a new salvage, storage, and/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 10-foot improvement setback shall be required along all property lines except public rights-of-way. 3. A minimum 50-foot buffer and 10-foot improvement setback shall be required along all public rights-of-way. 4. All facilities shall be screened from view from adjacent properties and roadways with a minimum 6-foot high, solid fence or wall, as approved by the Environment and 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. (Amended 3/4/92) 5. Vehicles and other materials shall not be stacked so that they are visible from any adjacent properties. 6. In accordance with Article 28.4.3.2., submit an Environmental Impact Report as required. (Amended 04/03/02) 19.4.40. SCHOOL, PRIVATE OR SPECIAL. A. Required Districts: All B. Standards: 1. Minimum lot area shall be 1 acre. 2. If located adjacent to a single family dwelling district and/or AG-1 district used for single family, the minimum landscape strips, buffers, and improvement setbacks required for the O-I district as specified in Section 4.23 shall be required. (Amended 04/07/93) 3. Buildings, and refuse areas shall not be located within 100 feet of a CITY OF MILTON ZONING ORDINANCE 19-63 RZ07-017 Text Amendment residential district and/or AG-1 district used for single family. 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 and/or AG-1 district used for single family. 7. Student drop-off and vehicular turn-around facilities shall be provided 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 Article 28.4.6., submit a Noise Study Report as required. (Added 04/03/02) 19.4.41. SELF STORAGE/MINI. A. Required Districts: C-1 and C-2 B. Standards: 1. At least 75% 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 10 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 miscellaneous sales; fabrication or repair of vehicles, equipment or other goods; transfer-storage business based on site; residential uses (other than the resident manager's apartment), or 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 CITY OF MILTON ZONING ORDINANCE 19-64 RZ07-017 Text Amendment 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% 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). (Added 03/03/04) 19.4.41(1) 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 miscellaneous sales; fabrication or repair of vehicles, equipment or other goods; transfer-storage business based on site; residential uses (other than the resident manager's apartment), or 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). (Added 03/03/04) 19.4.41(2) SENIOR HOUSING. (Added 04/05/06) A. Required Districts: A Use Permit shall be required in any district in which CITY OF MILTON ZONING ORDINANCE 19-65 RZ07-017 Text Amendment the use is allowed. The use is allowed in all districts except M-1A, M-1, M-2 and unsewered AG-1. B. Standards: In circumstances where conflict exists between overlay guidelines and this ordinance or resolution: (1) Overlay guidelines will generally supersede general ordinance and/or resolutions; (2) If the issue is specifically excluded in the Overlay, the ordinance and/or resolution will apply; (3) If the issue is addressed in both documents, the more restrictive will apply. 1. Building height shall be in accordance with the underlying zoning. 2. Dwelling units for seniors shall be exempted from any part of this ordinance which restricts density. 3. 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 multi-family development. 4. No dwelling unit shall contain more than two (2) bedrooms. 5. Multi-family dwelling units shall have a minimum of six hundred (600) square feet of gross floor area. Single family dwelling units shall have a minimum of eight hundred (800) square feet of gross floor area. 6. A 50-foot principal building setback shall be provided for attached dwelling units adjacent to single family residential districts and/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. 7. Parking spaces shall be calculated as one and four tenths (1.4) spaces per dwelling unit. 8. No parking shall be allowed in the minimum front yard setback. 9. Senior facilities must be served by public water and sewer. 10. Landscape strips and buffers shall be provided as specified in the O-I district in Article 4.23. 11. The property shall be deed restricted to senior housing except as CITY OF MILTON ZONING ORDINANCE 19-66 RZ07-017 Text Amendment provided for by Fair Housing laws. 12. Facility shall comply with all applicable local, state, and federal regulations and copies of any applicable permits shall be provided to the Department of Environment and Community Development prior to the issuance of a certificate of occupancy. 13. Projects are encouraged to incorporate Easy Living and applicable accessibility standards.(as administered and copyrighted by a coalition of Georgia citizens including AARP of Georgia, Atlanta Regional Commission, Concrete Change, Georgia Department of Community Affairs, Governor's Council on Developmental Disabilities, Home Builders Association of Georgia, Shepherd Center and the Statewide Independent Living Council of Georgia). 14. Housing shall have at least 80% of the occupied dwelling units occupied by at least one person who is 55 years of age or older which shall be verified by the property owner in a manner deemed acceptable pursuant to policies and procedures adopted by the Director of Environment and Community Development. 15. All units shall be owner-occupied. 19.4.42. SKYWALKS. (Amended 11/03/93) 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 Environment and Community Development Department as a condition of approval. The Environment and Community Development Department shall be responsible for the interpretation and application of the conditions set forth above and no building permit shall be issued by the Environment and Community CITY OF MILTON ZONING ORDINANCE 19-67 RZ07-017 Text Amendment Development Department except upon written approval of the Department of Public Works. 19.4.42(1) STADIUM (OFFSITE) ASSOCIATED WITH A PRIVATE SCHOOL. (Added 09/01/04) A. Required Districts: All B. Standards: 1. Vehicular access is prohibited from a local street. 2. A minimum 200-foot buffer and 10-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. 19.4.43. TRANSFER STATION, SOLID WASTE. (Added 10/02/02, Amended 04/05/06) A. Required District: 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 of Georgia 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 10-foot improvement setback shall CITY OF MILTON ZONING ORDINANCE 19-68 RZ07-017 Text Amendment be required along all property lines except public rights-of-way. 5. A minimum 50-foot buffer and 10-foot improvement setback shall be required along all public rights-of-way. 6. A minimum 6-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 p.m., Monday through Saturday. 8. The owner shall provide the Director of the Environment andthe Community Development Department a current copy of all applicable permits from the State of Georgia upon application for a Land Disturbance Permit. 9. In accordance with Article 28.4.3.2., 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 (1) 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. (Added 04/05/06) 11. Transfer stations shall be sited and operated in accordance with State Regulations 3891-3-4.06 Permit by Rule for Collection, Transportation, Processing, and Disposal, Official Code of Georgia Annotated 12-8-20 Georgia Comprehensive Solid Waste Management Act, Fulton County Solid Waste Management Plan, and Waste Transfer Stations: A Manual for Decision-Making (EPA 530­ R-02-002, June 2002). (Added 04/05/06) 19.4.44. OPENRESERVE. CITY OF MILTON ZONING ORDINANCE 19-69 RZ07-017 Text Amendment CITY OF MILTON ZONING ORDINANCE 19-70 RZ07-017 Text Amendment ADOPTED BY THE MILTON CITY COUNCIL DECEMBER 21, 2006 ARTICLE XIX Administrative Permits and Use Permits 19.1. 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 standards which apply to each use are enumerated and must be met in order for an application to be granted. 19.2. APPLICATION AND APPROVAL Uses allowable with an ADMINISTRATIVE PERMIT and the minimum standards for such uses are listed in Section 19.3 of this Article. Uses allowable with a USE PERMIT and the minimum standards for such uses are listed in Section 19.4 of this Article. 19.2.1. APPLICATION OF REGULATIONS. Uses enumerated herein may be authorized by Administrative Permit or Use Permit, as specified. The regulations contained in this Article shall not apply to any Permitted Use in any zoning district. 19.2.2. ADMINISTRATIVE PERMITS. Any use authorized by Administrative Permit shall be approved and permitted by the Director of the Environment and Community Development Department whenever the proposed use complies fully with the requirements of the subject property’s zoning district and standards as set forth in Section 19.3. 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 Director of the Public Works Department with respect to roadway, water, sewer and/or other infrastructure improvements, and rights-of-way dedications which must be met. 19.2.3. USE PERMITS. CITY OF MILTON ZONING ORDINANCE 19-1 RZ07-017 Text Amendment Any use authorized by Use Permit may be approved by the Board of CommissionersMayor and City Council in accordance with standards enumerated under each use (Section 19.2.4) provided: (Amended 11/03/93, 04/05/95, 04/03/02) A. The subject use is allowable in the subject property’s zoning district; B. The standards for the Use Permit as specified in Article 19 can be met, as well as Use Permit Considerations pursuant to Section 19.2.4 (Amended 04/05/95); C. A public hearing has been held in relation to the Use Permit before the Fulton County Community Zoning BoardCity of Milton Planning Commission and the Fulton County Board of CommissionersMayor and City Council in conformance with the notice standards outlined in Article XXVIII; D. Recommendations have been received from the Fulton County Environment andCity of Milton Community Development Department staff and the Fulton County Community Zoning BoardCity of Milton Planning Commission; and E. Conditions imposed with respect to right-of-way dedication and roadway, water, sewer and/or other infrastructure improvements are met. 19.2.3.1. Applications. Use Permit requests shall require a separate 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 hearing, notice and evaluation shall be provided in accordance with Article XXVIII 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 treated independently in the minutes of the Board of CommissionersMayor and City Council meeting. 19.2.3.2. Expiration. All Use Permits shall expire within three (3) years from the date of approval by the Board of CommissionersMayor and 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 XXVIII. (Amended 6/5/91) 19.2.3.3. Re-application. The same or substantially similar petition for a Use Permit which has been denied by the Board of CommissionersMayor and City Council shall not be resubmitted to the the Environment and Community Development Department for a period of 6 months from the date of the denial. CITY OF MILTON ZONING ORDINANCE 19-2 RZ07-017 Text Amendment 19.2.3.4. Variances. Variances to Use Permit standards contained in Section 19.4 for receiving a Use Permit may be considered by the Board of CommissionersMayor and 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 listed on the Use Permit petition as a Concurrent Variance in accordance with Article XXII, APPEALS, Section 22.9. 19.2.3.5. Accessory Uses. Structures and land may be used for uses customarily incidental to any approved use. (Amended 04/03/02) 19.2.4. USE PERMIT CONSIDERATIONS. In the interest of the public health, safety and welfare, the Board of CommissionersMayor and 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 Board of Commissioners Mayor and City Council shall consider each of the following: (Amended 12/04/91, 04/05/95, 02/07/96) (1) Whether the proposed use is consistent with the Comprehensive Land Use Plan and/or Economic Development Revitalization plans adopted by the Board of CommissionersMayor and 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/or 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 openRESERVE space; (7) Protective screening; (8) Hours and manner of operation; CITY OF MILTON ZONING ORDINANCE 19-3 RZ07-017 Text Amendment (9) Outdoor lighting; and (10) Ingress and egress to the property. 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. 19.2.5. ADDITIONAL RESTRICTIONS. Any use may be authorized by Administrative Permit or Use Permit shall comply with all other CountyCity regulations, zoning district regulations, conditions of zoning approval and other regulations contained herein. All buffers required shall have a 10-foot improvement setback in accordance with Section 4.2.3. The reduction of said setback shall be subject to the approval of the Department of Environment and Community Development in accordance with Article 22. Whenever a standard contained in this section is in conflict with another provision of this ResolutionOrdinance, the more restrictive provision shall prevail. Unless otherwise specified, standards, conditions and stipulations attached to a Use Permit by the Board of CommissionersMayor and City Council shall supersede conflicting zoning conditions approved on the same site. CITY OF MILTON ZONING ORDINANCE 19-4 RZ07-017 Text Amendment ADOPTED BY THE MILTON CITY COUNCIL DECEMBER 21, 2006 ARTICLE XIX Section 19.3 Administrative Permits 19.3. MINIMUM ADMINISTRATIVE PERMIT STANDARDS. 19.3.1. ALTERNATIVE ANTENNA SUPPORT STRUCTURE TO EXCEED THE Formatted: Strikethrough DISTRICT HEIGHT (Added 03/5/97, Amended 05/17/06) RESERVE (Alternative Antenna Support Structure to Exceed the District Height deleted) INTENT Pursuant to Section 704(a) of the Federal Telecommunications Policy Act of 1996, it is not the intent of this section to prohibit or have the effect of prohibiting the provision of personal wireless services in unincorporated Fulton County. It is the intent of this Section to address the aesthetic effect of telecommunication facilities on our landscapes, our citizens’ demands for these services, and the needs of service providers. A. Required Districts: All B. Standards: 1. Alternative structures are not allowed as an accessory to a single family use or as a principal use in a single family district. 2. Alternative structures must be set back a distance equal to the height of the structure adjacent to residential and/or AG-1 zoned property unless said structure is proposed to be located on an existing building. 3. Above ground equipment shelters shall be surrounded by a minimum 10-foot wide landscape strip planted to buffer standards CITY OF MILTON ZONING ORDINANCE 19-5 RZ07-017 Text Amendment Formatted: Font: Bold Formatted: Strikethrough unless the Fulton County Arborist determines that existing plant materials are adequate. 4. Roof top antennas and associated structures shall not project more than 10 feet above roof line. 5. Height shall not exceed 130 feet measured from the finished grade of the base structure. 6. The alternative structure shall comply with applicable state and local statutes and ordinances, including, but not limited to, building and safety codes. Alternative structures which have become unsafe or dilapidated shall be repaired or removed pursuant to applicable state and local statutes and ordinances. 7. Facilities shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration (FAA). 8. Communication towers shall be designed and constructed to ensure that the structural failure or collapse of the tower will not create a safety hazard to adjoining properties, according to applicable Federal Standards which may be amended from time to time. 9. Telecommunications facilities shall not be used for advertising purposes and shall not contain any signs for the purpose of advertising. 10. Any telecommunications facility may co-locate on any existing tower, pole or other structure as long as there is no increase in height to the existing facility. 11. A telecommunication facility that ceases operation for a period of 12 consecutive months shall be determined to have terminated and shall be removed within 90 days of termination at the property owner's expense. It shall be the duty of both the property owner and the tower owner to notify the county in writing of any intent to abandon the use of the tower. 12. An application for a telecommunications facility shall be submitted in accordance with the Department’s Plan Review submittal requirements. CITY OF MILTON ZONING ORDINANCE 19-6 RZ07-017 Text Amendment 13. An application for a telecommunication facility shall include a certification from a registered engineer that the structure will meet the applicable design standards for wind loads. 14. Communications facilities shall not be located in 100-year flood plain or delineated wetlands. 19.3.1(1) AMATEUR RADIO ANTENNA TO EXCEED THE DISTRICT HEIGHT. (See Use Permit 19.4.5)(Added 07/07/93) RESERVE (Amateur Radio Antenna to Exceed the district Height deleted) Formatted: Font: Italic Formatted: Strikethrough INTENT. It is the intent of this Article 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 Fulton CountyCity's governmental interests in land planning, aesthetics and public safety by requiring the following standards: A. Required Districts: All B. Standards: 1. Antennas shall be located in the rear yard. 2. The maximum height shall be 90 feet. Any request to exceed the maximum height shall require a Use Permit (See 19.4.5) 3. All antennas shall be set back from all property lines 1/3 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. 4. Antennas shall not be lighted. 5. All antennas must be constructed with an anti-climbing device. 6. Antennas shall be painted in a neutral color identical or closely compatible with surroundings. CITY OF MILTON ZONING ORDINANCE 19-7 RZ07-017 Text Amendment 7. All guy wires must be anchored on site and outside of right-of-way. 19.3.1(2) ANTENNA, TOWER, AND ASSOCIATED STRUCTURES (RADIO, T.V., MICROWAVE BROADCASTING, ETC.), TO EXCEED THE DISTRICT HEIGHT (TITLE AMENDED 3/6/91, AMENDED 03/05/97, 05/17/06) RESERVE (Antenna, Tower, and Associated Structures(Radio, T.V., Microwave Broadcasting, etc.) to Exceed the District Height deleted.) Formatted: Font: Italic Formatted: Strikethrough INTENT Pursuant to Section 704(a) of the Federal Telecommunications Policy Act of 1996, it is not the intent of this section to prohibit or have the effect of prohibiting the provision of personal wireless services in unincorporated Fulton CountyCity. It is the intent of this Section to address the aesthetic effect of telecommunication facilities on our landscapes, our citizens’ demands for these services, and the needs of service providers. The following regulations on design, location, placement, and height limits of antennas implement Fulton CountyCity's governmental interest in land planning, aesthetics and public safety by requiring the following Administrative Permit Standards: A. Required Districts: O-I, C-1, C-2, M-1A, M-1, M-2 (See Use Permit, Section 19.4.7, for use in residential and AG-1 districts.) B. Standards: 1. Tower/accessory structures must be set back a distance equal to the height of the tower adjacent to residential and/or AG-1 zoned property. 2. Tower and/or associated facilities shall be enclosed by fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device. 3. A minimum 10-foot wide landscape strip planted to buffer standards shall be required around the facility exterior to any fence or wall unless the Fulton CountyCity Arborist determines that existing plant materials are adequate. CITY OF MILTON ZONING ORDINANCE 19-8 RZ07-017 Text Amendment 10 4. Height shall not exceed 200 feet measured from the finished grade of the base structure. 5. The tower shall comply with applicable state and local statutes and ordinances, including, but not limited to, building and safety codes. Towers which have become unsafe or dilapidated shall be repaired or removed pursuant to applicable state and local statutes and ordinances. 6. Facilities shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration (FAA). 7. Communication towers shall be designed and constructed to ensure that the structural failure or collapse of the tower will not create a safety hazard to adjoining properties, according to applicable Federal Standards which may be amended from time to time. 8. Telecommunications facilities shall not be used for advertising purposes and shall not contain any signs for the purpose of advertising. 9. Any telecommunications facility may co-locate on any existing tower, pole or other structure as long as there is no increase in height to the existing facility. A commercial telecommunication facility that ceases operation for a period of 12 consecutive months shall be determined to have terminated and shall be removed within 90 days of termination at the property owner's expense. It shall be the duty of both the property owner and the tower owner to notify the countyCity in writing of any intent to abandon the use of the tower. 11. Communication facilities not requiring FAA painting/marking shall have either a galvanized finish or [be] painted a dull blue, gray, or black finish. 12. An application for a telecommunications facility shall be submitted in accordance with the Department’s Plan Review submittal requirements. 13. An application for a telecommunication facility shall include a certification from a registered engineer that the structure will meet CITY OF MILTON ZONING ORDINANCE 19-9 RZ07-017 Text Amendment the applicable design standards for wind loads. 14. Communications facilities shall not be located in 100-year flood plain or delineated wetlands. 19.3.2. 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 all property lines of any residential district and/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 and/or AG-1 district used for single family, except as otherwise permitted with an Administrative Permit for Recreational Court or Swimming Pool. 19.3.3. EVENT, SPECIAL INDOOR/OUTDOOR. (Amended 09/04/91, 07/07/93, 06/01/94, 04/05/95, 08/06/03, 04/05/06) As applicable, special events are subject to the requirements of other Fulton CountyCity Departments, such as Emergency Medical Services Plans, Emergency Planning and Preparedness Plans, tent permits, pyrotechnics permits, food service permits, etc. A. 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, or for the benefit of charity such as tours of homes, show houses, and the like. B. Standards: 1. No more than two Administrative Permits shall be granted per year and no permit shall be effective for more than 14 consecutive days CITY OF MILTON ZONING ORDINANCE 19-10 RZ07-017 Text Amendment 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. 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” x 17”, 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 Department of Environment and Community DevelopmentDepartment 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 Department of Environment and Community Development. A 24­ hour contact number of the property owner or lease holder shall be provided along with permit application. 5. The entire property shall comply with the zoning district’s setback requirements. 6. No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of any residential use. 7. No tent, table or other temporary structure shall be located within 250 feet of a residential structure. 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. All tents are subject to the approval of the Fire Department. 8. Sales from vehicles are prohibited. 9. The entire property shall comply with Fulton CountyCity’s parking requirements. 10. No equipment, vehicle, display or sales activity shall block access to CITY OF MILTON ZONING ORDINANCE 19-11 RZ07-017 Text Amendment 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 33., Section 33.4.12.A.10. 19.3.4. 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 and/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 wide buffer and a 10-foot improvement setback shall be provided adjacent to all buildings and parking areas when said facilities are located adjacent to any residential district and/or AG-1 district used for single family. 5. A minimum 25-foot buffer and a 10-foot improvement setback shall be provided adjoining any residential district and/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 district and/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.. CITY OF MILTON ZONING ORDINANCE 19-12 RZ07-017 Text Amendment 19.3.5. GUEST HOUSE. (Amended 11/1/89, 5/6/92, 2/7/96) 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: 1. No more than one guest house structure per lot may be used for occupancy by relatives, guest(s) or employees that work on the property without payment for rent. 2. A separate kitchen facility shall be allowed. 3. Heated floor area shall be a minimum of 650 square feet and a maximum of 1500 square feet. 4. Principal building setbacks shall apply. 5. The location shall be limited to the rear yard. 19.3.5(1) OPENRESERVE. (Kennels deleted, See 19.3.19 Veterinary Clinic or Hospital and 19.4.24 Outside Animal Facilities or Kennel) 19.3.6. MOBILE HOME - WHILE RESIDENCE IS BEING BUILT. 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 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. CITY OF MILTON ZONING ORDINANCE 19-13 RZ07-017 Text Amendment 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 the principal residence under construction. 19.3.6(1) PARKING, OFF-SITE AND SHARED. Whenever parking as required in Article 18 cannot be accomplished, SHARED PARKING in accordance with Section 18.2.2 may be approved via an Administrative Permit provided: (Added 07/07/99, Moved from Use Permits, 19.4.32.1) A. Required Districts: O-I, C-1, C-2, MIX, M-1, M-1A and M-2 B. Standards: 1. 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. 2. No more than 20 percent of the total parking requirement may be provided off-site via this Administrative Permit. 3. 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 Environment and Community Development Department. 19.3.7. RAPID RAIL TRANSPORTATION STATION. (Added 5/6/92) A. Required Districts: All B. Refer to the MARTA REARRANGEMENT COOPERATIVE AGREEMENT administered by the Department of Public Works. 19.3.8. RECREATIONAL COURT, PRIVATE. (Amended 03/06/91, 04/07/93, 06/01/94, 04/05/95, 02/07/96, 03/03/04) A. Required Districts: All districts except C-1, C-2, M-1, M-1A, M-2 CITY OF MILTON ZONING ORDINANCE 19-14 RZ07-017 Text Amendment 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. Multi-family. 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 parking shall be located a minimum of 100 feet from all adjoining property lines. c. Landscape strips and buffer requirements shall be as specified by Article 4.23.1. d. A maximum 4-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 foot candles 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. 19.3.9. 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. (Amended 03/03/04). CITY OF MILTON ZONING ORDINANCE 19-15 RZ07-017 Text Amendment A. Required Districts: O-I, MIX, C-1, C-2, M-1, M-1A, M-2 B. Standards: 1. 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. 2. Landscape strips and buffer requirements shall be as specified by Section 4.23.1. 3. Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2 foot candles along an adjoining 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. 4. 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 and/or AG-1 districts used for single family. 19.3.10. RELOCATED RESIDENTIAL STRUCTURE. (Added 7/7/99, Moved from 19.4.36, Amended 2/7/01) 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 B. Standards: 1. The applicant shall include the following with the application for the Administrative Permit: 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. CITY OF MILTON ZONING ORDINANCE 19-16 RZ07-017 Text Amendment 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 and/or conditions of zoning. 3. The residential structure shall be affixed to a permanent foundation within 6 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 ResolutionOrdinance (except 2. above) and other applicable regulations shall be met within one year from the date of this permit issuance. 5. A House Moving Permit shall be obtained from the Environment and Community Development Department in conjunction with this Administrative Permit. 11.6. A building permit for the repair and construction of said structure shall be obtained within 30 days of this Administrative Permit issuance. Formatted: Bullets and Numbering Formatted: Bullets and Numbering 13.7. The exterior of the structure shall be brought into compliance with the Fulton CountyCity Housing Code within six months of the issuance of this Administrative Permit. 8. Prior to occupancy, a Certificate of Occupancy must be obtained from the Department of Environment and Community Development. 19.3.10(1) 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: 1. A permit may be granted a maximum of fourteenof fourteen (14) CITY OF MILTON ZONING ORDINANCE 19-17 RZ07-017 Text Amendment 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 and/or AG-1 district used for single family. 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 dwelling. 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. 19.3.11. ROADSIDE PRODUCE STANDS. (Amended 05/06/92, 07/07/93, 04/06/94, 08/06/03, 04/05/06) A. Required Districts: 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, 2 or more permits, not to exceed 4, may be combined for a duration of 60 days, 90 days or a maximum of 120 days. An application for said permit(s) 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” x 17”, 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 Department of Environment and Community Department for approval. Said drawing shall also depict north arrow, curb cuts and traffic patterns. CITY OF MILTON ZONING ORDINANCE 19-18 RZ07-017 Text Amendment 4. The applicant shall provide a notarized written permission statement of the property owner or lease holder of the subject site to the Department of Environment and Community Development. A 24­ hour contact number of the property owner or lease holder shall be provided along with permit application. 5. The property on which the roadside vendor is permitted must be located at least 1500 feet from a permanent business or another vendor which offers the same or similar merchandise as that of the vendor. Vendor shall provide names of all established businesses which sell similar or the same merchandise within 1500 feet of the proposed vendor site. 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 10 feet from any internal drive or permitted curb cut. 7. A minimum of 6 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. 9. No tent, table or other temporary structure shall be located within 100 feet of a residential structure. 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. All tents are subject to the approval of the Fire Department. 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 property CITY OF MILTON ZONING ORDINANCE 19-19 RZ07-017 Text Amendment lines of any residential use. 12. Signage shall be in accordance with Article 33, Section 33.4.12.B.19. 19.3.11(1) ROADSIDE VENDING. (Added 07/07/93) (Amended 04/06/94, 02/07/01, 08/06/03, 04/05/06) A. Required Districts: C-1, C-2, 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 9 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” x 17”, 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 Department of Environment and Community 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 Department of Environment and Community Development. A 24­ hour contact number of the property owner or lease holder shall be provided along with permit application. 5. The property on which the roadside vendor is permitted must be located at least 1500 feet from a permanent business or another vendor which offers the same or similar merchandise as that of the vendor. Vendor shall provide names of all established businesses which sell similar or the same merchandise within 1500 feet of the CITY OF MILTON ZONING ORDINANCE 19-20 RZ07-017 Text Amendment 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 shall also maintain a minimum setback of 10 feet from any internal drive or permitted curb cut. 7. A minimum of 6 parking spaces shall be provided adjacent to the vending area for the exclusive use of the roadside vending 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 table or cart shall be located within 250 feet of a residential structure. 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, 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 advertising the vending operation is prohibited. 19.3.11(2) SEASONAL BUSINESS USE. (Amended 12/04/91, 5/6/92, 07/07/93, 04/06/94, 07/07/99, 03/03/04, 04/05/06) 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., existing as a conforming or a lawful non-conforming nonresidential use. The issuance of this permit does not constitute an expansion or extension of a non­ conforming use. CITY OF MILTON ZONING ORDINANCE 19-21 RZ07-017 Text Amendment 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 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” x 17”, 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 Department of Environment and Community 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 Department of Environment and Community Development. A 24­ hour contact number of the property owner or lease holder shall be provided along with permit application. 5. The property on which the roadside vendor is permitted must be located at least 1500 feet from a permanent business or another vendor which offers the same or similar merchandise as that of the vendor. Vendor shall provide names of all established businesses which sell similar or the same merchandise within 1500 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 10 feet from any internal drive or permitted curb cut. CITY OF MILTON ZONING ORDINANCE 19-22 RZ07-017 Text Amendment 7. A minimum of 6 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. 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. All tents are subject to the approval of the Fire Department. 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 property lines of any residential use. 12. Signage shall be in accordance with Article 33, Section 33.4.12.B.19. 19.3.12. SWIMMING POOL, PRIVATE. (Amended 03/06/91, 05/06/92, 06/01/94, 02/07/96 07/07/99, 12/01/99, 03/03/04) 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 an enclosure. Such enclosure shall be a fence, wall, or building, to prevent access to the pool by unsupervised children and/or animals. The enclosure shall be an effective fence or wall not less than 5 feet high with self-closing, positive-latching gates provided on the outer side of the deck area. The enclosure entrance shall be locked when the pool is not openRESERVE 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 with the regulations administered by the Fulton County Health CITY OF MILTON ZONING ORDINANCE 19-23 RZ07-017 Text Amendment 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. Pools, pool equipment, and their decks must be a minimum of 10 feet from all property lines, except that when perimeter setbacks are required, for example in NUP and TR zoned districts, pools, pool equipment, and decks cannot be located in perimeter setbacks. (Amended 04/05/06) 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 property lines. c. Landscape strips and buffer requirements shall be as specified by Article 4.23.1. d. A maximum 4-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 foot candles 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. Multi-family. Swimming pools, pool equipment, accessory structures, and fencing shall be located a minimum of 100 feet from any residential building, adjoining property line or street. CITY OF MILTON ZONING ORDINANCE 19-24 RZ07-017 Text Amendment 19.3.13. 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. (Amended 11/03/93, 03/03/04) A. Required Districts: O-I, MIX, C-1, C-2, M-1A, M-1 and M-2 B. Standards: 1. 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. 2. Landscape strips and buffer requirements shall be as specified by Article 4.23.1. 3. Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2 foot candles 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. 4. 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. 19.3.14. TEMPORARY CLASSROOM. (Amended 11/03/93, 11/03/04) A. Required Districts: All B. Standards: 1. The structure must be constructed for use as a temporary classroom and certified as such by the Environment and 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 CITY OF MILTON ZONING ORDINANCE 19-25 RZ07-017 Text Amendment Permit conditions. 4. An Administrative Permit for a temporary classroom shall expire three (3) 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. (Amended 11/03/04) 5. The structure shall not be located within any principal building setbacks or within any required landscape strips or buffers. 6. 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 resolutionOrdinance. 19.3.15. TEMPORARY STRUCTURES. (Amended 07/07/93, 11/03/93, 11/03/04) A. Required Districts: All, except Emission Inspection Stations shall be permitted only in Non-residential 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 structures in association with construction, emission inspection stations, portable toilets and other similar uses may be permitted by the Environment and Community Development Department in any district. 2. Temporary structures shall be located outside of any required buffers and landscape areas, and shall maintain the principal building setback of the district except portable toilets must maintain a 200-foot setback from existing dwelling(s). 3. Temporary structures must be removed prior to the issuance of a Certificate of Occupancy or within 5 days of completion of the temporary event or activity for which the structure was approved. 4. Temporary structures used in conjunction with other permitted Administrative and Use Permits shall not be required to obtain a separate Administrative Permit. CITY OF MILTON ZONING ORDINANCE 19-26 RZ07-017 Text Amendment 5. An Administrative Permit for a temporary structure shall expire three (3) 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. (Added 11/03/04) 19.3.16. TEMPORARY USE OF EXISTING DWELLING WHILE RESIDENCE IS BEING BUILT. (Added, 3/6/91) A. Required Districts: All but M-1, M-1A, & M-2 B. Standards: 1. The building permit for the new principal structure shall be issued concurrently with this 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. 19.3.17. OPENRESERVE. 19.3.18. UTILITY SUBSTATIONS (TELEPHONE, ELECTRIC, OR GAS, ETC. (Amended 5/1/91, 11/03/93) A. Required Districts: All. B. Standards: 1. Utility substations measuring less than 35 square feet and less than 5 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 required in this article section. 3. Minimum setback of all utility structures from a residential structure shall be: CITY OF MILTON ZONING ORDINANCE 19-27 RZ07-017 Text Amendment a. Electric -- 200 feet. b. Gas and Telephone -- the applicable minimum setback for the district in which located. 4. A minimum 10-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 and/or AG-1 district used for single family. 6. Interior to landscape strips or buffers that do not accomplish 100% visual screening as defined in the Tree Preservation Ordinance, provide an 8-foot high opaque fence or, masonry wall, a minimum 4­ foot high landscaped earthen berm, a vegetative screen or some combination thereof, subject to the approval of the Environment and Community Development Department. 19.3.19. VETERINARY CLINIC/HOSPITAL OR KENNEL. (See 19.4.24 for Kennel or Outside Animal Facilities); Deleted as a permitted use in C-2, Permitted in AG-1 A. Required Districts: O-I, MIX, C-1, C-2, M-1A, M-1, M-2 B. Standards: 1. All of the activities directly associated with animal treatment shall occur entirely within a completely enclosed soundproof structure. CITY OF MILTON ZONING ORDINANCE 19-28 RZ07-017 Text Amendment ARTICLE XIX Section 19.4 Use Permits 19.4. MINIMUM USE PERMIT STANDARDS. 19.4.1. ADULT BOOK STORE. (AMENDED JUNE 21, 2007 BY THE MILTON CITY COUNCIL) INTENT AND FINDINGS. It is the intent of this article to regulate the place of operation of Adult Book Stores as defined in this Ordinance. 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 book stores are significantly related to diminishing market values of neighboring residential areas, that adult book stores should not be located in residential areas, and that adult book stores should be permitted only in locations that are at least 1/10 mile, or approximately 500 feet, from residential areas. The 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 book stores correlates with a decreasing market value of neighboring residential areas, that adult book stores 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. CITY OF MILTON ZONING ORDINANCE 19-29 RZ07-017 Text Amendment The Council further finds, based upon a May 19, 1986, land use study conducted in Austin, Texas, that an adult book store within one block of a residential area decreases the market value of homes, that adult book stores are considered a sign of decline by lenders, making underwriters hesitant to approve the 90-95% financing many home buyers require, and that patrons of adult book stores tend to be from outside the immediate neighborhood in which the adult book store is located. The 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. The Council further finds that this Section of the zoning resolutionOrdinance regarding regulation of adult book stores has been carefully considered by a workgroup of City staff drawn from the 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 book stores 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. This Section 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 book stores to industrially zoned areas and imposing development standards can legitimately regulate adult book stores by establishing zones where adult book stores 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. It is not the intent of the City Council, in enacting this Section of the Zoning ResolutionOrdinance, to deny to any person rights to speech protected by the United States or Georgia 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 Section of the Zoning ResolutionOrdinance, the City Council does not intend to deny or restrict the rights of any adult to obtain or view any sexually oriented materials protected by the United States or Georgia 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 CITY OF MILTON ZONING ORDINANCE 19-30 RZ07-017 Text Amendment constitutionally protected materials; finally, in the enactment of this ordinance, the City Council intends to adopt a content neutral measure to address the secondary effects of adult bookstores. A. Required Districts: M-1, M-2 (Industrial), C-1 and C-2 (Commercial) districts. B. 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 below: 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 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 where minors are the primary patrons. 2. The boundary line of the use permit must be located at least 1500 feet from the property line of any other adult entertainment establishment or adult book store. 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 1000 feet of the boundary lines of the subject property and adult entertainment establishments or adult bookstores within 1500 feet of the boundary line of the subject property. 4. If the adult book store 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 determined by the Environment and Community Development Department to be in compliance with the terms of this resolutionOrdinance prior to any occupancy. 5. Permitted curb cut access shall be from a Major Thoroughfare. CITY OF MILTON ZONING ORDINANCE 19-31 RZ07-017 Text Amendment CITY OF MILTON ZONING ORDINANCE 19-32 RZ07-017 Text Amendment 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 Section 4.23 shall be required. Where buffers are required, the underlying zoning district buffer standards shall apply. 19.4.1. C. Permit Issuance. : Notwithstanding the provisions of 19.2.3 and 19.2.4, any applicant meeting the above requirements and standards shall be entitled to the issuance of a use permit. 19.4.1. D. Permit 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. 19.4.1. E. Permit Processing. : The City shall have ninety (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 Department of Community Development 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 ninety (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. 19.4.1. F. Denial of Use Permit. : 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 10 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 CITY OF MILTON ZONING ORDINANCE 19-33 RZ07-017 Text Amendment 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. 19.4.1. G. Permit Application. : Nothing in this section shall allow for the conducting or zoning of any business or entity which would otherwise be illegal. 19.4.2 ADULT ENTERTAINMENT ESTABLISHMENTS. (AMENDED JUNE 21, 2007 BY THE MILTON CITY COUNCIL) INTENT. It is the intent of this Section to regulate the place and manner of the operation of businesses or facilities that offer Adult Entertainment as defined in this Ordinance. It is well established and has been the experience of other communities in Georgia and throughout the United States that adult entertainment, which includes public nudity, has been associated with and may encourage disorderly conduct, prostitution and sexual assault. This Section advances the substantial government interest in promoting and protecting public health, safety, and general welfare, maintaining law and order and prohibiting public nudity. The Section is narrowly constructed to protect the First Amendment rights of citizens of the City of Milton 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 are incompatible. Areas and uses which are to be protected from adult entertainment include but are not limited to residential, churches, day care centers, libraries, recreational facilities, and schools. A. Required Districts: M-1 (Light Industrial), M-2 (Heavy Industrial), C-1 and C-2 (Commercial) districts . B. Standards: 1. All boundary lines of the property included within the use permit must be located at least 500 feet from the properties listed below: 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 purposes. CITY OF MILTON ZONING ORDINANCE 19-34 RZ07-017 Text Amendment 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 where minors are the primary patrons. 2. The boundary line of the Use Permit must be located at least 1500 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 of the site and the property lines of surrounding properties identifying the use of properties at or within 1000 feet of the boundary lines of the subject property and adult entertainment establishments and/or adult bookstores within 1500 feet of the boundary line of the subject property. 4. 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. 5. 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 occupancy. 6. Building shall be located a minimum of 50 feet from all property lines. 7. Parking spaces at a ratio of 10 per 1000 gross square feet of floor space shall be provided. 8. Permitted curb cut access shall be directly from a Major Thoroughfare. 9. On-premise signs shall not display lewd or graphic depictions of body parts or acts which are defined in Article and Subsection 3.3.1. 10. No adult entertainment shall be visible from outside the structure. 11. The minimum landscape areas required for the O-I zoning district as specified in Section 4.23 shall be required. Where buffers are required, the underlying zoning district buffer standards shall apply. 19.4.2. C. Permit Issuance. : CITY OF MILTON ZONING ORDINANCE 19-35 RZ07-017 Text Amendment Notwithstanding the provisions of 19.2.3 and 19.2.4, any applicant meeting the above requirements and standards shall be entitled to the issuance of a use permit. 19.4.2. D. Permit 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. 19.4.2. E. Permit Processing. : The City shall have ninety (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 ninety (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. 19.4.2. F. Denial of Use Permit. : 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 10 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 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. 19.4.2. G. Permit Application. : Nothing in this section shall allow for the conducting or zoning of any business or entity which would otherwise be illegal. CITY OF MILTON ZONING ORDINANCE 19-36 RZ07-017 Text Amendment 19.4.3. AGRICULTURAL-RELATED ACTIVITIES. (Added 07/07/99) INTENT. It is the intent of this Article 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. A. Required District: AG-1 B. Standards: 1. Minimum lot size shall be 5 acres. 2. Permitted curb cut access shall not be from a local street. 3. Food services may be provided. 4. A minimum of 100-foot setback is required from all property lines for activity areas, including parking. 5. All structures housing animals shall be set back a minimum of 100­ feet from all property lines. 6. All parking and access areas must be of an all weather surface per Article 18, Festivals, Outdoor. 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 and/or AG-1 districts used for single family. 8. Hours of operation shall commence no earlier than 6:00 a.m. and cease by 10:00 p.m. 9. If located adjacent to any residential district or an AG-1 district used for single family, the minimum buffers and landscape strips required for the O-I District as specified in Section 4.23 shall be required. 10. Sanitary facilities or trash receptacles shall be located a minimum of CITY OF MILTON ZONING ORDINANCE 19-37 RZ07-017 Text Amendment 100 feet from a property line of any residential district and/or AG-1 district used for single family. 19.4.4. AIRCRAFT LANDING AREA. (Amended 3/6/91) 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 and/or AG-1 district used for single family. 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 and/or AG-1 district used for single family, 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 F.A.A. airspace analysis with the Director of the Environment and Community Development Department. 6. In accordance with Section 28.4.3.2., submit an Environmental Impact Report as required. (Amended 04/03/02) 19.4.5. AMATEUR RADIO ANTENNA TO EXCEED THE ADMINISTRATIVE PERMIT HEIGHT. See also Administrative Permit 19.3.1(1). (Added 07/07/93) INTENT. It is the intent of this Article to regulate the placement of amateur radio towers in a manner that does not impose on public health, safety, general welfare. CITY OF MILTON ZONING ORDINANCE 19-38 RZ07-017 Text Amendment The following regulations on design, location, placement, and height limits of antennas in residential districts implements the Fulton CountyCity's governmental interest in land planning, aesthetics and public safety by requiring the following Use Permit Standards: A. Required Districts: All B. Standards: 1. Antennas shall be located in the rear yard. 2. 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. 3. 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. However, the antenna must be 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. 4. Antennas shall not be lighted. 5. All antennas must be constructed with an anti-climbing device. 6. Antennas shall be painted in a neutral color identical or closely compatible with surroundings. 7. All guy wires must be anchored on site and outside of right-of-way. 19.4.6. 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 10 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 CITY OF MILTON ZONING ORDINANCE 19-39 RZ07-017 Text Amendment single family. 3. Permitted curb cut access shall be only from an arterial street. 4. A minimum 100-foot buffer and 10-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. 5. A minimum 50-foot buffer and 10-foot improvement setback shall be provided adjacent to non-residential 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. 7. Eight (8) foot high fencing shall be provided adjacent to properties zoned for residential use or AG-1 districts used for single family. 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 and/or AG-1 districts used for single family. 19.4.7. ANTENNA TOWER, AND ASSOCIATED STRUCTURE (RADIO, T.V., MICROWAVE BROADCASTING, ETC.), TO EXCEED THE DISTRICT HEIGHT. (Titled Changed 3/6/91, Amended 3/5/97, 05/17/06) RESERVE (Antenna Tower, and Associated Structure (Radio, T.V., Microwave Broadcasting, etc.) to exceed the District Height deleted) Formatted: Strikethrough Formatted: Font: Italic Formatted: Strikethrough INTENT Pursuant to Section 704(a) of the Federal Telecommunications Policy Act of 1996, it is not the intent of this section to prohibit or have the effect of prohibiting the provision of personal wireless services in unincorporated Fulton County. It is the intent of this Section to address the aesthetic effect of telecommunication facilities on our landscapes, our citizens’ demands for these services, and the needs of service providers. The following regulations on design, location, placement, and height limits of antennas in residential and AG-1 zoned districts implements Fulton County's CITY OF MILTON ZONING ORDINANCE 19-40 RZ07-017 Text Amendment governmental interest in land planning, aesthetics and public safety by requiring the following Use Permit Standards: A. Required Districts: Residential districts, MIX and AG-1 (See same heading in Section 19.3., for other non-residential districts.) B. Standards: 1. Towers must be set back a distance equal to one and one-half (1½) times the height of the tower adjacent to residential and/or AG-1 zoned property. 2. Height shall not exceed 200 feet from existing grade. 3. Tower and associated facilities shall be enclosed by fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device. 4. A minimum 10-foot landscape strip planted to buffer standards shall be required surrounding the facility exterior to the required fence unless the Fulton CountyCity Arborist determines that existing plant materials are adequate. 5. Antennas or towers shall not have lights unless required by federal or state law. 6. Towers shall not be located within one-half mile from any existing telecommunication tower above the district height, excluding alternative structures. 7. The tower shall comply with applicable state and local statutes and ordinances, including, but not limited to, building and safety codes. Towers which have become unsafe or dilapidated shall be repaired or removed pursuant to applicable state and local statutes and ordinances. 8. Facilities shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration (FAA). 9. Communication towers shall be designed and constructed to ensure that the structural failure or collapse of the tower will not create a CITY OF MILTON ZONING ORDINANCE 19-41 RZ07-017 Text Amendment safety hazard to adjoining properties, according to applicable Federal Standards which may be amended from time to time. 10. Telecommunications facilities shall not be used for advertising purposes and shall not contain any signs for the purpose of advertising. 11. Any telecommunications facility may co-locate on any existing tower, pole or other structure as long as there is no increase in height to the existing facility. 12. A commercial telecommunication facility that ceases operation for a period of 12 consecutive months shall be determined to have terminated and shall be removed within 90 days of termination at the property owner's expense. It shall be the duty of both the property owner and the tower owner to notify the countyCity in writing of any intent to abandon the use of the tower. 13. Communication facilities not requiring FAA painting/marking shall have either a galvanized finish or [be] painted a dull blue, gray, or black finish or shall be screened through fencing and landscaping. 14 An application for a telecommunications facility shall be submitted in accordance with the Department’s Plan Review submittal requirements. 15. An application for a telecommunication facility shall include a certification from a registered engineer that the structure will meet the applicable design standards for wind loads. 16. Communications facilities shall not be located in 100-year flood plain or delineated wetlands. 19.4.8. BED AND BREAKFAST. (Added 06/01/94) A. Required Districts: AG-1 (Agricultural), R-6, and TR (Townhouse Residential) B. Standards: CITY OF MILTON ZONING ORDINANCE 19-42 RZ07-017 Text Amendment 1. A minimum of 2 guest rooms and a maximum of 5 guest rooms are permitted. 2. No parking in the minimum front yard. 3. The bed & 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 Section 4.23 for AG-1 Agricultural District. 6. Parking requirements shall be the same as hotel/motel as specified in Article 18. 7. Identification or advertising signs shall be limited to 4 square feet in surface area and 4 feet in height. 19.4.9. CEMETERY AND/OR 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 and/or AG-1 district used for single family. 3. All structures, including graves, shall be inside meet the minimum yard setbacks or 10 feet, whichever is greater. 4. If located adjacent to a single family dwelling district and/or AG-1 district used for single family, the minimum buffers and landscape strips required for the O-I District as specified in Section 4.23 shall be required. 19.4.10. CHURCH, TEMPLE OR PLACE OF WORSHIP. (Amended 3/6/91, 4/7/93, 04/03/02) CITY OF MILTON ZONING ORDINANCE 19-43 RZ07-017 Text Amendment A. Required Districts: 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, 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 and/or AG-1 district used for single family. 2. No parking shall be located within the minimum front yard setback. 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 Section 4.23 shall be required. 19.4.11. COMMERCIAL AMUSEMENT, OUTDOOR including but not limited to amusement parks, bungee jumping parks, skateboard parks, ski slopes, batting cages, miniature golf, drive-in theaters, etc. (See also 19.4.17 DRIVING RANGES) (Name Change, 03/07/90) A. Required Districts: C-2, M1-A, M-1 and M-2 B. Standards: 1. Permitted curb cut access shall be derived only from arterial streets. 2. A minimum 100-foot buffer and 10-foot improvement setback shall be provided adjacent to residential districts and/or AG-1 districts used for single family. 3. A minimum 50-foot buffer and 10-foot improvement setback shall be provided adjacent to non-residential zoning or development districts. 4. 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 and/or AG-1 districts used for single CITY OF MILTON ZONING ORDINANCE 19-44 RZ07-017 Text Amendment family. 5. Eight (8) foot high fencing shall be provided adjacent to any residential district and/or AG-1 district when used for single family and interior to any required landscape strips or buffers. 6. The hours of operation of the facility shall be limited to 8:00 a.m. to 11:00 p.m. adjacent to residential districts and/or AG-1 when used for single family. 7. All recreational structures and activities shall maintain a minimum setback of 100 feet from any public right-of-way. 8. The height limits of the zoning district shall apply to all recreational structures unless a Use Permit to Exceed the Height is granted (See 19.4.21). 19.4.12. COMPOSTING. (Added 11/03/93) 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 Section 4.23) 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 CITY OF MILTON ZONING ORDINANCE 19-45 RZ07-017 Text Amendment blowing of any materials onto any surrounding property or roadway. 8. The composting facility shall obtain all necessary permits from the 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 and/or AG-1 districts used for single family. 10. In accordance with Section 28.4.3.2., submit an Environmental Impact Report as required. (Amended 04/03/02) 19.4.13. CONVALESCENT CENTER/ NURSING HOME/ HOSPICE. (Added as a permitted use in O-I, MIX, A, A-L, C-1 and C-2 ) A. Required Districts: R-6 and TR B. Standards: 1. Facilities shall be for 5 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 Section 4.23. 4. Provide a 50-foot building setback from all single family districts or AG-1 districts used for single family. 5. No parking allowed within the minimum front yard setback. 6. Rooms or suites of rooms may be designed with separate kitchen facilities. 7. Facility shall comply with applicable local, state, and federal regulations. 8. In accordance with Article 28.4.6., submit a Noise Study Report as CITY OF MILTON ZONING ORDINANCE 19-46 RZ07-017 Text Amendment required. (Added 04/03/02) 19.4.14. COUNTRY INN. A. Required Districts: AG-1 B. Standards: 1. Lot area shall be a minimum of 5 acres. 2. A minimum of 6 guest rooms and a maximum of 30 rooms are permitted. (See Article 19.4.8, Bed and Breakfast, for less than 6 guest rooms). 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. 7. The minimum landscape strip and buffer requirements for the O-I District as specified in Section 4.23 shall be required. 8. Identification or advertising signs shall be limited to one (1) sign of not more than 9 square feet and no more than 4 feet in height. 9. Parking requirements shall be the same as hotel/motel as specified in Article 18. 19.4.15. DAY CARE FACILITY. (Amended 04/03/02, 03/03/04) (Allowed as a permitted use in CUP, O-I, MIX, C-1 & C-2 Districts) 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. B. Standards: CITY OF MILTON ZONING ORDINANCE 19-47 RZ07-017 Text Amendment 1. Facility shall be for 7 or more persons, excluding staff. 2. Provide minimum landscape strips, buffers and improvement setbacks as specified for the O-I district in Section 4.23.1. 3. Provide a minimum 6 foot high opaque fence interior to any required landscape strips and/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 Article 28.4.6., submit a Noise Study Report as required. (Added 04/03/02) 19.4.16. OPENRESERVE. 19.4.17. 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 10 acres. 2. Permitted curb cut access shall be from a major collector or arterial. 3. Loudspeakers/paging systems are prohibited adjacent to residential districts and/or AG-1 districts used for single family. 4. The hours of operation shall be limited to 8:00 a.m. to 11:00 p.m. adjacent to residential districts and/or AG-1 districts used for single family. CITY OF MILTON ZONING ORDINANCE 19-48 RZ07-017 Text Amendment 19.4.17(1) OPENRESERVE. 19.4.18. EQUINE GARMENT FABRICATION. A. Required Districts: AG-1 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. 19.4.19. FESTIVALS OR EVENTS, OUTDOOR/INDOOR including but not limited to horse shows, carnivals, dog shows, arts and crafts shows, music festivals, etc. (Name Changed 03/07/90, Amended 07/07/93, 06/01/94). See FESTIVALS OR EVENTS, OCCASIONAL if not covered herein. A. Required Districts: AG-1, O-I, MIX, C-1, C-2, M-1A, M-1, and M-2 B. Standards: 1. Permitted curb cut access shall be from local streets. 2. Eight (8) foot high 100% opaque fencing shall be provided adjacent to residential districts and/or AG-1 districts used for single family. 3. Hours of operation shall be between 8:00 a.m. and 11:00 p.m. when adjacent to residential districts and/or AG-1 districts used for single family. 4. Activity areas, including parking, shall be at least 100 feet from a residential district and/or AG-1 districts used for single family. 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 and/or AG-1 districts used for single family purposes. (Added 7/5/89) 6. The festival or event shall be limited to a three-year period from the date of the Board of CommissionersMayor and City Council approval not to exceed a total of 180 consecutive days in a calendar year. CITY OF MILTON ZONING ORDINANCE 19-49 RZ07-017 Text Amendment 19.4.20. GROUP RESIDENCE. (Amended 04/03/02) (Allowed as a permitted use in A, A-L, O-I, MIX, C-1 & C-2 Districts) A. Required Districts: R-6 and TR B. Standards: 1. Facilities shall be for 5 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 Section 4.23 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 Department of Environment and Community Development 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. (Added 04/05/06) 19.4.20(1) GROUP RESIDENCE FOR CHILDREN (5 to 8 CHILDREN). (Added 11/03/04, Required Districts Amended 04/05/06) 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 8 children. 2. Parking shall comply with the requirements of Article18 for dwellings. 3. Copies of applicable local, state, and federal permits shall be provided to the Department of Environment and Community CITY OF MILTON ZONING ORDINANCE 19-50 RZ07-017 Text Amendment Development 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. (Added 04/05/06) 19.4.20(2) GROUP RESIDENCE FOR CHILDREN (9 to 15 CHILDREN). (Added 11/03/04) 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 18 for dwellings. 3. Copies of applicable local, state, and federal permits shall be provided to the Department of Environment andof Community Development 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. (Added 04/05/06) 19.4.21. HEIGHT -- TO EXCEED DISTRICT MAXIMUM. (Amended 12/6/89) 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 openRESERVE space and spatial arrangement of buildings and facilities. 2. Sources of exterior illumination shall not be visible from adjoining residences. 19.4.22. OPENRESERVE. 19.4.23. OPENRESERVE. 19.4.24. KENNEL OR OUTSIDE ANIMAL FACILITIES. CITY OF MILTON ZONING ORDINANCE 19-51 RZ07-017 Text Amendment A. Required Districts: C-2, M-1, and M-2 (See Article 19.3.19 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 and/or AG-1 district used for single family. 19.4.25. LANDFILL, INERT WASTE DISPOSAL. (Amended 11/1/89, 11/03/93, 04/05/06) 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 of Georgia 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) zoned districts. 5. A minimum 200-foot buffer and 10-foot improvement setback shall be required along all property lines except public rights-of-way. 6. A minimum 50-foot buffer and 10-foot improvement setback shall be required along all public rights-of-way. 7. A minimum 6-foot high solid fence or wall shall be located on property lines or interior to the required buffers and improvement setbacks. CITY OF MILTON ZONING ORDINANCE 19-52 RZ07-017 Text Amendment 8. Limit hours of operation from 6:00 a.m. to 6 p.m., Monday through Saturday. 9. The owner shall provide the Director of the Environment and 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 is covered to prevent blowing of material from the vehicle. 11. In accordance with Article 28.4.3.2., submit an Environmental Impact Report as required. (Amended 04/03/02) 12. No portion of a new or expanded landfill shall be located within a one (1) 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. (Added 04/05/06) 13. The landfill shall be operated in accordance with the Rules of Georgia, Department of Natural Resources, Environmental Protection Division, Chapter 391-3-4 Solid Waste Management, Official Code of Georgia Annotated 12-8-20 Georgia Comprehensive Solid Waste Management Plan, and 40 CFR Part 258 (Subtitle D of RCRA). (Added 04/05/06) 19.4.26. LANDFILL, SOLID WASTE DISPOSAL. (Amended 11/1/89, 11/03/93, 04/05/06) A. Required Districts: 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 of Georgia as approved by the Director of Public Works. CITY OF MILTON ZONING ORDINANCE 19-53 RZ07-017 Text Amendment 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) zoned districts. 5. A minimum 200-foot buffer and 10-foot improvement setback shall be required along all property lines except public rights-of-way. 6. A minimum 50-foot buffer and 10-foot improvement setback shall be required along all public rights-of-way. 7. A minimum 6-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 p.m., Monday through Saturday. 9. The owner shall provide the Director of the Environment and Community Development Department a current copy of all applicable permits from the Georgia Department of Natural Resource 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 Article 28.4.3.2., submit an Environmental Impact Report as required. 12. No portion of a new or expanded landfill shall be located within a one (1) 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. (Added 04/05/06) 13. The landfill shall be sited and operated in accordance with the Rules of Georgia, Department of Natural Resources, Environmental Protection Division, Chapter 391-3-4 Solid Waste Management, Official Code of Georgia Annotated 12-8-20 Georgia Comprehensive Solid Waste Management Plan, and 40 CFR Part 258 (Subtitle D of RCRA). (Added 04/05/06) CITY OF MILTON ZONING ORDINANCE 19-54 RZ07-017 Text Amendment 19.4.27. LANDSCAPING BUSINESS, PLANT NURSERY, OR GARDEN CENTER WITH INDOOR RETAIL COMPONENT. (Added 04/03/02) A. Required Districts: AG-1 (Agricultural) B. Standards: 1. No access shall be allowed from local streets. 2. No parking is permitted in the minimum front yard. 3. All use areas/structures other than parking and pedestrian walkways shall be located at least 50 feet from any adjoining residential district or AG-1 (Agricultural) district. 4. Limit hours of operation from 6:00 a.m. to 8 p.m. 5. The minimum buffers and landscape strips required for the O-I (Office-Institutional) zoning district as specified in Section 4.23. shall be required. 6. Structure(s) for retail sales shall be limited to 1,000 total gross square feet. 19.4.28. LODGE, RETREAT AND/OR CAMPGROUND facilities to include lodging and food service for social, educational and/or recreational purposes. (Added 8/1/90, Amended 2/7/96) A. Required Districts: AG-1, M-1A, M-1 and M-2 B. Standards: 1. Minimum lot size shall be 10 acres. 2. Permitted curb cut access shall not be derived from a local street. 3. A minimum 100-foot wide buffer and 10 foot improvement setback are required adjacent to residential districts, AG-1 districts used for single family and adjoining a public street. 4. A minimum 50-foot wide buffer and 10 foot improvement district are CITY OF MILTON ZONING ORDINANCE 19-55 RZ07-017 Text Amendment required adjacent to all other non-residential 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 and/or AG-1 district when used for single family. 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 and/or AG-1 districts used for single family. 8. Recreational facilities associated with the use shall be for staff and guests only. 9. One parking space per lodging unit or five (5) per 1000 square feet of floor area, whichever is greater. 19.4.28(1) MEDICAL RELATED LODGING. (Added 12/4/91) (Allowed as a permitted use in A and A-L) A. Required Districts: R-6 and TR 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 and/or an AG-1 district used for single family, the minimum buffers and landscape strips CITY OF MILTON ZONING ORDINANCE 19-56 RZ07-017 Text Amendment required for the O-I District as specified in Section 4.23 shall be required. 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 4 square feet in area and 4 feet in height. 19.4.29. OPENRESERVE. 19.4.30. OPENRESERVE. 19.4.31. 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 Board of CommissionersMayor and City Council’s approval, after which the mobile home shall be removed unless an additional Use Permit has been granted. (Amended 3/4/92) 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. 19.4.32. QUARRIES AND/OR SURFACE MINING SITES. (Added 04/05/06) 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 expanded quarry shall not include any expanded use CITY OF MILTON ZONING ORDINANCE 19-57 RZ07-017 Text Amendment 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 and/or surface mining shall be in compliance with the Georgia Blasting Standards Act of 1978, the 1968 Georgia Surface Mining Act and the U.S. Bureau of Mines RI 8507. 19.4.33. PERSONAL CARE HOME/ASSISTED LIVING. (Allowed as a permitted use in O-I, A, A-L, MIX, C-1 and C-2) A. Required Districts: R-6 and TR B. Standards: 1. Facilities shall be for 5 persons or more. 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 and/or AG-1 districts when used for single family. 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 18.2.1. 6. Provide landscape strips and buffers as required in the O-I district as specified in Article 4.23. 7. Rooms or suites of rooms may be designed with separate kitchen facilities. 8. Facility shall comply with all applicable local, state, and federal CITY OF MILTON ZONING ORDINANCE 19-58 RZ07-017 Text Amendment regulations, and provide applicable permits to the Department of Environment and Community Development prior to the issuance of a certificate of occupancy. 9. In accordance with Article 28.4.6., submit a Noise Study Report as required. (Added 04/03/02) 19.4.34. PRIVATE CORRECTIONAL FACILITY/PRISON. (Added 07/07/99) 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 below: 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 10 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 B.2.a. and b. are located within 500 feet of the boundary lines of the subject property, and/or a correctional facility is located within 10 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 10-foot improvement setback CITY OF MILTON ZONING ORDINANCE 19-59 RZ07-017 Text Amendment 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 10-foot improvement setback shall be provided adjacent to property zoned M-1 and/or M-2. 7. Permitted curb cut access shall be from a major thoroughfare. 8. Parking spaces shall be in accordance with Article 18, 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 ResolutionOrdinance. 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 Environment and Community Development Department prior to the issuance of a certificate of occupancy. 19.4.35. RACE TRACK. A. Required Districts: AG-1, M-1 and M-2 B. Standards: 1. A minimum of 10 acres is required. 2. The race track and spectator stands for animal tracks shall be located a minimum of 500 feet from residential districts and/or AG-1 districts used for single family, 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 10-foot improvement setback shall be provided adjacent to residential districts and/or AG-1 districts used for single family. CITY OF MILTON ZONING ORDINANCE 19-60 RZ07-017 Text Amendment 5. A minimum 50-foot buffer and 10-foot improvement setback shall be provided adjacent to all other property lines. 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 and/or AG-1 districts used for single family. 8. Hours of operation shall be limited to 8:00 a.m. to 10:00 p.m. when adjacent to residential districts and/or AG-1 districts used for single family. 9. In accordance with Section 28.4.3.2., submit an Environmental Impact Report as required. (Amended 04/03/02) 19.4.36. RECREATIONAL FIELDS including but not limited to soccer, softball, baseball, polo, football, cricket, etc. A. Required Districts: All B. Standards: 1. Permitted curb cut access shall not be from a local street. 2. A minimum 50-foot buffer and 10-foot improvement setback shall be provided adjacent to residential districts and/or AG-1 districts used for single family. 3. Loudspeakers/paging systems are prohibited adjacent to residentially used property. 4. The hours of operation shall be limited to daylight hours when said facility is located adjacent to residential districts and/or AG-1 districts used for single family. 19.4.37. RECYCLING CENTER, PROCESSING. (Added 12/4/91, Amended 04/03/02) A. Required Districts: C-2 and M-1A CITY OF MILTON ZONING ORDINANCE 19-61 RZ07-017 Text Amendment B. Standards: 1. Limit hours of operation from 7:00 a.m. to 8 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 10-foot improvement setback shall be required along all property lines except public rights-of-way. 4. A minimum 50-foot buffer and 10-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 and/or AG-1 districts used for single family. 10. The recycling center shall comply with regulations administered by the Fulton County Department of Health. 11. In accordance with Article 28.4.3.2., submit an Environmental Impact Report as required. (Amended 04/03/02) 19.4.38. OPENRESERVE. 19.4.39. SALVAGE, STORAGE, AND/OR JUNK FACILITY. (Amended 11/03/93, 04/03/02) CITY OF MILTON ZONING ORDINANCE 19-62 RZ07-017 Text Amendment A. Required Districts: M-1 and M-2 B. Standards: 1. No portion of a new salvage, storage, and/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 10-foot improvement setback shall be required along all property lines except public rights-of-way. 3. A minimum 50-foot buffer and 10-foot improvement setback shall be required along all public rights-of-way. 4. All facilities shall be screened from view from adjacent properties and roadways with a minimum 6-foot high, solid fence or wall, as approved by the Environment and 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. (Amended 3/4/92) 5. Vehicles and other materials shall not be stacked so that they are visible from any adjacent properties. 6. In accordance with Article 28.4.3.2., submit an Environmental Impact Report as required. (Amended 04/03/02) 19.4.40. SCHOOL, PRIVATE OR SPECIAL. A. Required Districts: All B. Standards: 1. Minimum lot area shall be 1 acre. 2. If located adjacent to a single family dwelling district and/or AG-1 district used for single family, the minimum landscape strips, buffers, and improvement setbacks required for the O-I district as specified in Section 4.23 shall be required. (Amended 04/07/93) 3. Buildings, and refuse areas shall not be located within 100 feet of a CITY OF MILTON ZONING ORDINANCE 19-63 RZ07-017 Text Amendment residential district and/or AG-1 district used for single family. 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 and/or AG-1 district used for single family. 7. Student drop-off and vehicular turn-around facilities shall be provided 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 Article 28.4.6., submit a Noise Study Report as required. (Added 04/03/02) 19.4.41. SELF STORAGE/MINI. A. Required Districts: C-1 and C-2 B. Standards: 1. At least 75% 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 10 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 miscellaneous sales; fabrication or repair of vehicles, equipment or other goods; transfer-storage business based on site; residential uses (other than the resident manager's apartment), or 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 CITY OF MILTON ZONING ORDINANCE 19-64 RZ07-017 Text Amendment 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% 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). (Added 03/03/04) 19.4.41(1) 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 miscellaneous sales; fabrication or repair of vehicles, equipment or other goods; transfer-storage business based on site; residential uses (other than the resident manager's apartment), or 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). (Added 03/03/04) 19.4.41(2) SENIOR HOUSING. (Added 04/05/06) A. Required Districts: A Use Permit shall be required in any district in which CITY OF MILTON ZONING ORDINANCE 19-65 RZ07-017 Text Amendment the use is allowed. The use is allowed in all districts except M-1A, M-1, M-2 and unsewered AG-1. B. Standards: In circumstances where conflict exists between overlay guidelines and this ordinance or resolution: (1) Overlay guidelines will generally supersede general ordinance and/or resolutions; (2) If the issue is specifically excluded in the Overlay, the ordinance and/or resolution will apply; (3) If the issue is addressed in both documents, the more restrictive will apply. 1. Building height shall be in accordance with the underlying zoning. 2. Dwelling units for seniors shall be exempted from any part of this ordinance which restricts density. 3. 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 multi-family development. 4. No dwelling unit shall contain more than two (2) bedrooms. 5. Multi-family dwelling units shall have a minimum of six hundred (600) square feet of gross floor area. Single family dwelling units shall have a minimum of eight hundred (800) square feet of gross floor area. 6. A 50-foot principal building setback shall be provided for attached dwelling units adjacent to single family residential districts and/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. 7. Parking spaces shall be calculated as one and four tenths (1.4) spaces per dwelling unit. 8. No parking shall be allowed in the minimum front yard setback. 9. Senior facilities must be served by public water and sewer. 10. Landscape strips and buffers shall be provided as specified in the O-I district in Article 4.23. 11. The property shall be deed restricted to senior housing except as CITY OF MILTON ZONING ORDINANCE 19-66 RZ07-017 Text Amendment provided for by Fair Housing laws. 12. Facility shall comply with all applicable local, state, and federal regulations and copies of any applicable permits shall be provided to the Department of Environment and Community Development prior to the issuance of a certificate of occupancy. 13. Projects are encouraged to incorporate Easy Living and applicable accessibility standards.(as administered and copyrighted by a coalition of Georgia citizens including AARP of Georgia, Atlanta Regional Commission, Concrete Change, Georgia Department of Community Affairs, Governor's Council on Developmental Disabilities, Home Builders Association of Georgia, Shepherd Center and the Statewide Independent Living Council of Georgia). 14. Housing shall have at least 80% of the occupied dwelling units occupied by at least one person who is 55 years of age or older which shall be verified by the property owner in a manner deemed acceptable pursuant to policies and procedures adopted by the Director of Environment and Community Development. 15. All units shall be owner-occupied. 19.4.42. SKYWALKS. (Amended 11/03/93) 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 Environment and Community Development Department as a condition of approval. The Environment and Community Development Department shall be responsible for the interpretation and application of the conditions set forth above and no building permit shall be issued by the Environment and Community CITY OF MILTON ZONING ORDINANCE 19-67 RZ07-017 Text Amendment Development Department except upon written approval of the Department of Public Works. 19.4.42(1) STADIUM (OFFSITE) ASSOCIATED WITH A PRIVATE SCHOOL. (Added 09/01/04) A. Required Districts: All B. Standards: 1. Vehicular access is prohibited from a local street. 2. A minimum 200-foot buffer and 10-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. 19.4.43. TRANSFER STATION, SOLID WASTE. (Added 10/02/02, Amended 04/05/06) A. Required District: 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 of Georgia 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 10-foot improvement setback shall CITY OF MILTON ZONING ORDINANCE 19-68 RZ07-017 Text Amendment be required along all property lines except public rights-of-way. 5. A minimum 50-foot buffer and 10-foot improvement setback shall be required along all public rights-of-way. 6. A minimum 6-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 p.m., Monday through Saturday. 8. The owner shall provide the Director of the Environment andthe Community Development Department a current copy of all applicable permits from the State of Georgia upon application for a Land Disturbance Permit. 9. In accordance with Article 28.4.3.2., 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 (1) 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. (Added 04/05/06) 11. Transfer stations shall be sited and operated in accordance with State Regulations 3891-3-4.06 Permit by Rule for Collection, Transportation, Processing, and Disposal, Official Code of Georgia Annotated 12-8-20 Georgia Comprehensive Solid Waste Management Act, Fulton County Solid Waste Management Plan, and Waste Transfer Stations: A Manual for Decision-Making (EPA 530­ R-02-002, June 2002). (Added 04/05/06) 19.4.44. OPENRESERVE. CITY OF MILTON ZONING ORDINANCE 19-69 RZ07-017 Text Amendment CITY OF MILTON ZONING ORDINANCE 19-70 RZ07-017 Text Amendment