HomeMy WebLinkAboutOrdinances 22-11-524 - 11/07/2022 - RZ22-06 - Text Amendments - AG-1 Lot WidthSTATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE - ��-�5q� 54
T
RZ22-06
AN ORDINANCE TO AMEND CHAPTER 64, ARTICLE VI, DIVISION 2: AG-1 AS IT
RELATES TO LOT WIDTH
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on November 7, 2022, at 6:00 p.m. as follows:
SECTION 1. That the amendment of AG -I (Agricultural) as it relates to lot width
is hereby adopted and approved; and is attached hereto as if fully set forth
herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 71h day of November 2022.
Peyton J son, Mayor
Attest:
'am my L wit, Cler
'
Sec. 64-416. Development standards.
(a)
No building shall exceed 40 feet in height except for single family dwellings, see section 64-1141(c).
(b)
Minimum front yard shall be 60 feet.
(c)
Minimum side yard shall be as follows:
(1) Adjacent to interior line: 25 feet.
(2) Adjacent to street: 40 feet.
(d)
Minimum rear yard shall be 50 feet.
(e)
Minimum lot area shall be as follows:
(1) One acre with frontage on paved road.
(2) Three acres abutting an unpaved road; the following rules shall apply:
a. Each proposed lot shall provide at least 100 feet of road frontage, the minimum dimension of
which shall be maintained to the building line of the lot.
b. Each proposed lot shall provide at least 200 feet of lot width at the building line.
Graphic of three -acre lot
KI
..I I
•Ip�C tMAt_
Y-
��-.gT-r-i
---a• � 1-1. y� rK.9alACtk'fJC�'MIN
(f) Minimum lot width shall be 4A0150 feet.
(1) Minimum lot width shall be 100 feet when lot fronts on a cul-de-sac.
(g) Minimum lot frontage shall be 35 feet adjoining a street.
(h) Minimum heated floor area. There is no minimum heated floor area in this district.
(i) Minimum accessory structure requirements. Accessory structures may be located in rear or side yards but
shall not be located within a minimum yard.
0) Entrances off of a public right-of-way for subdivisions with more than three lots shall be rural, simple and
rustic in design. These entrances shall be subject to the approval of the city architect. These entrances shall
comply with the following requirements:
(1) Signage shall be one of the following designs:
RZ22-06 — Text Amendment prepared for the City of Milton Mayor and City Council on November 7, 2022
(First Presentation on October 17, 2022)
WRAP UP
9/20/2022
Page 1 of 3
' a. Shingle style.
b. Sign mounted in or on pillar.
1. Pillar shall not exceed eight feet in height.
(2) Walls:
a. Knee walls may be utilized 'where required by existing topography and shall not exceed 20 linear
feet on either side of the subdivision's road entrance.
1. Knee walls shall be constructed of natural materials such as boulders, stacked stone, or
wood formed brick of materials designed to give the appearance of such natural materials.
Stucco is prohibited.
(3) Gate or guard structures shall be setback a minimum of 60 feet from the exterior street's right-of-way.
(4) No water features are permitted:
(k) Rural viewshed. The following requirements of this subsection shall only apply to subdivisions with more
than three lots.
(1) Provide a 40-foot primary rural viewshed setback from all proposed Milton Trail or sidewalk easements
or proposed rights -of -way, whichever is more restrictive, along the exterior streets for buildings,
accessory structures, and swimming pools for lots adjacent to exterior streets:
a. No disturbance within the 40-foot primary rural viewshed setback shall be allowed until a design
review process is completed and the design of the rural viewshed is approved by the design
committee.
' b. Driveways accessing exterior streets shall be prohibited within the 40-foot primary rural
viewshed setback, except where they cross the rural viewshed in a perpendicular manner.
C. Individual septic systems may be installed in the primary rural viewshed setback with an
approved primary variance if the primary and secondary septic fields fail and the property may
be condemned by the Fulton County Health Department without such variance. The property
owner shall provide proof of such potential condemnation prior to the application for a primary
variance.
I
(2) Provide a 20-footsecondary rural viewshed setback from the primary rural viewshed setback for
buildings, accessory structures, and swimming pools for lots adjacent to exterior streets;
a. Individual septic systems may be installed in the secondary rural viewshed setback with an
approved primary variance.
b. Driveways accessing exterior streets shall be prohibited within the 20-foot secondary rural
viewshed setback, except where they cross the rural viewshed in a perpendicular manner.
C. No disturbance within the 20-foot secondary rural viewshed setback shall be allowed until a
design review process is completed and the design of the rural viewshed is approved by the
design committee.
(3) The intent of the rural viewshed 'is to preserve the bucolic views from the roads throughout the Rural
Milton Overlay. The views may contain natural vegetation as well as equestrian related structures and
uses. It is the intent to utilize the existing vegetation when possible as well as provide additional native
plantings to enhance the existing viewshed when needed.
' RZ22-06—Text Amendment prepared for the City of Milton Mayor and City Council on November 7, 2022
(First Presentation on October 17, 2022)
WRAP UP
9/20/2022
Page 2 of 3
a. When performing a design review of the primary rural viewshed and secondary rural viewshed
'
setbacks, the design committee shall address the following:
1. Evaluation of current state of site including vegetation, both the primary and secondary
rural viewshed setbacks;
2. Determination of whether existing vegetation should be removed or vegetation should be
planted to enhance the rural viewshed;
3. Consideration of whether screening of the structures is necessary; and
4. Consideration of the existence of pastoral or agricultural operations in area.
(4)
For structures located on lots subject to a rural viewshed, an architectural review process is required.
Such process will include a review of building elevations and landscape plans by the city architect.
These structures shall be designed with 360-degree architecture and shall meet the intent of section
64-1151;
(5)
After issuance of the necessary permits to disturb the property but before the required pre -
construction meeting, the developer shall install a four -foot -high orange tree save fence at least at the
combined primary rural viewshed and secondary rural viewshed setback measured from the proposed
Milton Trail or sidewalk easement or the proposed right-of-way. The fence shall be installed so as to
protect heritage trees, protected trees and specimen trees as defined in chapter 60 of the City Code or
any other significant vegetation as determined by the city arborist. Location of such fencing shall be
approved by the city arborist. In addition, a sign shall be posted on the fence every 25 feet indicating
"rural viewshed." Tree save fence shall be removed at such time as the issuance of a certificate of
occupancy for each lot abutting the viewshed is issued; and
(6)
Notwithstanding anything to the contrary in this subsection, agricultural operations may occur in the
primary rural viewshed and secondary rural viewshed setbacks.
(7)
Prior to the transfer of any legal interest in an AG-1 zoned parcel that is subject to a rural viewshed,
every legal or beneficial owner of such a parcel shall ensure that there is recorded in the chain of title
for the parcel an affidavit stating the following:
"At the time of the execution of this Affidavit, the property with respect to which this Affidavit is filed is
subject to certain restrictions contained in the City of Milton Zoning Ordinance, located in Chapter 64
of the Code of Ordinances of the City of Milton, Georgia. Such restrictions may include restrictions on
development and disturbance of property located in the rural viewshed, which includes portions of
property adjacent to streets not located within a platted subdivision."
In addition, a copy of the affidavit must be provided to any transferee of a legal interest in the parcel
no later than the final closing of the transfer.
(I) Architectural
review of structures. The following requirements are for structures located on single lot of
record
or a subdivision with less than four lots that abut an exterior street.
(1)
An architectural review process is required and shall include a review of building elevations and
landscape plans by the city architect.
(2)
These structures shall be designed with street elevation architecture and shall meet the intent of
section 64-1151. 1
' RZ22-06—Text Amendment prepared) for the City of Milton Mayor and City Council on November 7, 2022
(First Presentation on October 17, 2022)
WRAP UP
9/20/2022
Page 3 of 3