HomeMy WebLinkAboutOrdinances 23-09-542 - 09/06/2023 - RZ23-02 Amend Chapter 64 - Amendments to the GA Zoning Procedures Laws (ZPL)STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NUMBER d3-IJ1-51oZ.
RZ23-02
AN ORDINANCE OF THE CITY OF MIL TON, GEORGIA TO AMEND
CHAPTER 64 OF THE CODE OF THE CITY OF MILTON, GEORGIA
TO COMPLY WITH AMENDMENTS TO THE GEORGIA ZONING
PROCEDURES LAW; TO PROVIDE FOR THE REPEAL OF
CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE;
AND FOR OTHER LAWFUL PURPOSES.
BE IT ORDAINED by the City Council of the City of Milton , Georgia while in a regular Council
meeting on September 6 , 2023 , at 6:00 PM as follows :
WHEREAS , pursuant to its Charter and other laws of the State of Georgia, the Ci ty of
Milton, Georgia has the power to adopt clearly reasonable ordinances , resolutions and regulations
for the protection and preservation of the public health , safety and welfare of its citizens; and
WHEREAS , Chapter 64 of the City of Milton Code of Ordinances regulates zoning within
the City of Milton , and
WHEREAS , the Georgia Legislature adopted rev isions to the Georgia Zoning Procedures
Law (O .C.G.A. § 36-66-1 , et seq. "ZPL ") establishing minimum procedures for the conduct and
enforcement of zoning by local jurisdictions; and
WHEREAS , the revisions to the ZPL require local jurisdictions to meet certain minimum
procedural requirements as part of their zoning ordinances ; and
WHEREAS , the Mayor and Council have determined that it is in the best interest o f the
City 's residents to amend the Zoning Ordinance to satisfy the minimum requirements set forth in
the State ZPL ;
NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY
ORDAINS as follows:
SECTION 1.
Chapter 64-Zoning, of the Code of the City of Milton, Georgia is hereby amended as follo ws :
Add a new Section 64-26 -Designated Officials for Appeal Proceedings to read:
(a ) In order to comply with O.C .G.A. § 36-66-5.l (c), the Community Development Director
is authorized to issue appeal bonds and certificates of costs upon confirmation with City
staff that such approvals are appropriate.
(b) For purposes of appeals pursuant to Chapter 4 , of Title 5 of the Official Code of Georgia
Annotated , the Community Development Director is authorized to accept service on behalf
of the Respondent. The Community Development Director is authorized to accept service
of process on behalf of the City as the defendant/opposite party .
RZ23 -02
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Add a new Section 64-1573 to read:
Any administrative permit decision under this Division of Article IX of Chapter 64 may be
appealed in accord with the procedures set out for secondary variances in Article X of
Chapter 64.
{Adult Bookstore Use Permits} Section 64-1655(c) is amended by deleting the subsection in its
entirety and replacing it with the following:
Processing. The city shall have 90 days (unless the application is suspended by failure of
the applicant to provide data, information or records as reasonably requested by the city
and required by this Code , to complete the investigation) from receipt of a completed
application for a use permit to make a decision in which to grant or deny a use permit. The
community development department and the planning commission shall make
recommendations to the city council regarding the approval or denial of the use permit and
the council shall make the final decision after a public hearing regarding. Notice of the
hearing shall be published in the newspaper uti lized by Milton as the legal organ not less
than 30 and not more than 45 days prior to the date set for the public hearing. Notice shall
also be mailed to the owner of the property as reflected on the current tax records of Fulton
County as retrieved by the city's geographic information system. The public hearing shall
be conducted according to the procedures established in Section 64-2082. In the event the
city council has not granted or denied the application within 90 days (unless the application
is suspended by failure of the applicant to provide data , information or records as
reasonably requested by the city to complete the investigation), the use permit shall
automatically issue.
{Adult Entertainment Establishment Use Permits} Section 64-1677(c) is amended by deleting the
subsection in its entirety and replacing it with the following:
Processing. The city shall have 90 days (unless the application is suspended by failure of
the applicant to provide data , information or records as reasonably requested by the city
and required by this Code , to complete the investigation) from receipt of a completed
application for a use permit to make a decision in which to grant or deny a use permit. The
community development department and the planning commission shall make
recommendations to the city council regarding the approval or denial of the use permit and
the council shall make the final decision after a public hearing regarding the same . Notice
of the hearing shall be published in the newspaper utilized by Milton as the legal organ not
less than 30 and not more than 45 days prior to the date set for the public hearing. Notice
shall also be mailed to the owner of the property as reflected on the current tax records of
Fulton County as retrieved by the city's geographic information system. The public hearing
shall be conducted according to the procedures established in Section 64-2082. In the event
the city council has not granted or denied the application within 90 days (unless the
application is suspended by failure of the applicant to provide data, information or records
as reasonably requested by the city to complete the investigation), the use permit shall
automatically issue.
RZ23-02
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Add the following language to the end of Section 64-1885: "Any administrative variance decision
under this section may be appealed in accord with the procedures set out for secondary variances
in Article X of Chapter 64."
Add the following language to the end of Section 64-1886: "Any administrative minor variance
decision under this section may be appealed in accord with the procedures set out for secondary
variances in Article X of Chapter 64."
Section 64-1887 is amended by deleting the second sentence and replacing it with: "Any minor
variance decision under this section may be appealed in accord with the procedures set out for
secondary variances in Article X of Chapter 64."
Section 64-1940 is amended by adding new subsections ( c) and ( d) as follows:
( c) Any of the decisions described in subsection (b) above, may be appealed in accord
with the procedures set out for secondary variances in A11icle X of Chapter 64.
(d) The public hearings conducted in accordance with the Subsection (a) above shall
allow a minimum of 10 minutes for both proponents and opponents to present data,
evidence and opinions.
Section 64-1942(a)(l) is amended by deleting "15 days " and replacing it with "30 days ".
Section 64-1942(a)(3) is amended by deleting the subsection in its entirety and replacing it with
the following:
Notice of the public hearing shall be sent at least 30 days prior to the hearing date and shall
be given by regular mail to the property owner and all property owners within 300 feet of
the boundaries of the property who appear on the current tax records of Fulton County as
retrieved by the city's geographic information system. Renotification is not required when
a petition is deferred by the mayor and city council or the board of zoning appeals .
The mailing of public notices other than to the subject property owner, is not required when
a secondary variance is sought by other than the property owner.
Section 64-2082(a) is amended by deleting the subsection in its entirety and replacing it with the
following:
Before adopting any change to the zoning maps or text of the zoning ordinance , the mayor
and city council shall hold a public hearing following a community zoning information
meeting (CZIM} and a public hearing by the planning commission. The public hearings
held pursuant to this section shall allow a minimum of 10 minutes for both proponents and
opponents to present data , evidence and opinions.
Section 64-2082(c) is amended by deleting the subsection in its entirety and replacing it with the
following:
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Page 3 of 7
Notice of the public hearings held pursuant to this section shall be published in a newspaper
of general circulation at least 30 days but not more than 45 days prior to the date of the
public hearing . Renotification is no t required when a petition is deferred by the mayor and
city council.
Section 64-2082(g) is amended to add "the subject property owner and" immediately after "The
department shall give notice by regular mail to ".
Section 64-2082(h) is amended by deleting the subsection in its entirety and replacing it with the
following:
The hearing notices required by this section shall include the time, place and purpose of
the hearing , and , where applicable , the notice shall also include the location of the property ,
the present zoning classification of the property and the proposed zoning classification, use
permit, permit or other permission requested with respect to the property.
Replace the existing chart with the chart below.
RZ23 -02
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City of Milton Rezon ing/ Use Perm it Flow Chart
If lncomplet•.
RejeCled
Start
Pre-Appliotion Meeting
Appraca tion Submittal
Application -
Processing / -
CZIM
Staff Report
1'T Public hrticipiltion Flepcxt
Dm 7 Business Days Prior to PC
[
Parti:::ion -]
Process L------.-----
Deny cw Whhdnwal
.--------"-----
Plannq Cammission He.wing
Updated Public Pairtqiation
Aepart Due 7 Busiaess Days
PriDrlDMtt
City Council Haring
RZ23 -02
Pa g e 5 of 7
Public H:ee ring and Notice
Requirements
No t ice of
Community
Zoning
Information
M eeting
(CZIM )
1a1itr!-=nt1a
subject property
awne<and
nean,y~
awrers
I
Si p1s posted
on the subjKt
site
I
I
Notice of
Pl anninr
Commission
and Milton
City Council
(MCC )He;a ring
[
f
Min . 10 Days advanc. -]
notice in newspaper
forCZIM
Mailed min . 14 days
prior to CZIM -500
feet wi'th ii minimum
of 75 parcels
Must be posted on J
th• site i1t least 2.0
days prior to first
hearing
Min. lO days but no
roof1! than 4 5 days
notice in newspaper
prior tD MCC HNring
-
Approve or Defer-
Add a new Section 64-2427 to read:
The Design Review Board shall conduct a public hearing with respect to each demolition
permit application before considering the application. The hearing shall be conducted
according to the procedures established in Section 64-2082. Notice of the hearing shall be
published in the newspaper utilized by Milton as the legal organ not less than 30 and not
more than 45 days prior to the date set for the public hearing. Notice shall also be mailed
to the owner of the property as reflected on the current tax records of Fulton County as
retrieved by the city's geographic information system.
Amend Section 64-2454(d)(3) by deleting the subsection in its entirety and replacing it with the
following:
"The HPC and the Milton City Council shall hold a joint public hearing at a special or
regular HPC meeting on any proposed ordinance for the designation of any historic district
or property. Notice of the hearing shall be published in the newspaper utilized by Milton
as the legal organ not less than 30 and not more than 45 days prior to the date set for the
public hearing. Notice shall also be mailed to the owner of the property as reflected on the
current tax records of Fulton County as retrieved by the city's geographic information
system. The public hearing shall be conducted according to the procedures established in
Section 64-2082.
Amend Section 64-2455(e) by deleting the subsection in its entirety and replacing it with the
following:
Public hearings on applications for certificates of appropriateness, notices, and right to
be heard. The HPC shall hold a public hearing at which each proposed certificate of
appropriateness is discussed . Notice of the hearing shall be published in the newspaper
utilized by Milton as the legal organ not less than 30 and not more than 45 days prior to
the hearing. Notice shall also be mailed to the owner of the property as reflected on the
current tax records of Fulton County as retrieved by the city's geographic information
system. The public hearing shall be conducted in accordance with the procedures set forth
in Section 64-2082. The HPC shall provide the property owner and/or applicant an
opportunity to be heard at the certificate of appropriateness hearing.
SECTION 2. That all Ordinances , parts of Ordinances , or regulations in conflict herewith
are hereby repealed.
SECTION 3. This Ordinance shall become effective upon a majority vote by the City
Council as ratified by the Mayor of the City of Milton , Georgia.
SO ORDAINED this the 6th day of September 2023 , the public's health , safety, and
welfare demanding it.
RZ23-02
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Attest:
~ ~
Approved:
RZ23-02
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