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HomeMy WebLinkAboutORDINANCE NO. 07-04-28ORDINANCE# 07-04-28 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO AMEND THE CITY OF MILTON ZONING ORDINANCE ARTICLE 33, SIGNS, ARTICLE 12G, STATE ROUTE 9 OVERLAY DISTRICT; ARTICLED 1211(1) CRABAPPLE CROSSROADS OF THE NORTHWEST FULTON OVERLAY DISTRICT• ARTICLE 1211 NORTHWEST FULTON OVERLAY DISTRICT BE IT ORDAINED by the City Council of the City of Milton, GA while in a regular called council meeting on April 19, 2007 at 7:00 p.m. as follows: SECTION 1. Whereas, the Mayor and City Council of the City of Milton are charged with promoting and protecting the health, safety and welfare of the citizens and property owners of the City of Milton; and SECTION 2. Whereas, the Mayor and City Council find that certain regulations and restrictions regarding signage are necessary to promote and protect the health, safety and welfare of the citizens and property owners of the City; and SECTION 3. Whereas, the Mayor and City Council of the City of Milton find that it is wow within their ability to restrict signage as to its time, place, and manner, without curtailing peoples' Constitutional Rights; and SECTION 4. Whereas, the Mayor and City Council of the City of Milton finds to maintain the tranquil environment of residential areas, to promote industry and commerce, to eliminate visual clutter and blight, to provide an aesthetically appealing environment, and to provide for the orderly and reasonable display of advertising for the benefit of all the City's citizens; SECTION 5. Whereas, the Mayor and City Council of the City of Milton find that the "Northwest Fulton Overlay District Design Review Board" shall now be known as the "Ci*y of Milton Design Review Board"; SECTION 6, Whereas, the Mayor and City Council of the City of Milton find that the State Route 9 Overlay District shall corne under the review of the City of Milton Design Review Board; SECTION 7, Whereas, the Mayor and City Council of the City of Milton find that single family detached residences shall be removed from the review of the City of Milton Design Review Board; SECTION 4. This Ordinance is effective April 19, 2007; SECTION 5. That this Ordinance shall become effective upon its adoption. Page 1 of 2 ORDAINED this the 19`h day of April, 2007 Joe Lockwo tror Attest: 1 � �• ► 1 'tel r an a R. Marchiafava, City Clerk (Seal) Page 2 of 2 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 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. 1211.2. DESIGN REVIEW BOARD. The City of Milton Overlay District Design Review Board () 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 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 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 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 2%2" to 3" caliper hardwood over -story. Additional over - story trees are encouraged. The 10 foot wide strip may be developed either: (see article 1214.3.2.13 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 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 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 31/2 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 31/2 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. LA 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 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 1/2 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 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. 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 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 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: 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- 1400*- scape elements, such as plazas, fountains, benches, and tables. Additional shade tree plantings are encouraged within public Page 8 of 23 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 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 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.3.6.0 (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 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 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 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 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 on 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 Table 11211-1 Acceptable Color for Signage Building Type Colors Commercial Brick: Subtle, muted red,, and natural earth tones, No whites/light greys, tans or pinks- No painted bricks. lVood: Painted or stained Stone: Natural, earth tones- Field stones or naturally distressedlaged. Not cut or machine shaped. Signs Backgrounds: Warm greys, light browns greens. Natural earth tones, quarter to nud tones. White and black- excluded. Lettering and Graphics: Corporate identity colors permitted_ Table12H-2. Acceptable Color for Architectural Elements PMS Porter Benjamin Moore Range Neutra White 6751-1 - W - Taupe White 6745-1 - W - Antique Frost 6895-1 - W - Antique White 6890-1 - W - Soft Antique White 6914-1 - w - Magnolia Tilt 6709-1 - W - Sandahvood White 6715-1 - w - Sandstone Tint 6727-1 - w 45215 Autumn Bud 6904-2 - Q 434 Platinum Grey 7179-1 Q Page 17 of 23 Tgble 1?H-2. Acceptable Color for Architectural Elements PINS Porter Benjamin.Moore Range 406 Taupe Pearl 6668-1 - Q 4545 Newport Tint 6891-1 - Q 5455 Frosted Birch 7136-1 - Q Warm Grey 2 Beach Stone 6741-1 - Q Warm Grey I Umber Cloud 7197-1 - Q 5803 Birch White 6939-1 - Q 4685 Calfskin 6692-1 - Q 1815 - Garrison Red HC -66 M 160 Mayflower Red HC -49 M 4715 Somerville Red HC -62 M, 410 Soft Brown 6754-1 - M, 452 Umber Shadow 7198-1 - M 403 Cobblestone 7180-1 - M 411 Clam Brown 6755-3 - M 450 Broxvm Acorn 6749-2 - M 404, Broix n Web 7181-2 - M 4645 Dover Beige 6694-3 - M 5773 Sagebrush 6941-1 - M - Grey Bark 6676-1 - M 4505 Antique Bronze 6893-1 - M 5477 Deep Birch 7139-2 - M - Triton Taupe 6671-2 - M 229 New London BurgLindy HC -61 S Page 18 of 23 M Table 12H-?.AcceptableColor for Architectural Elements PMS Porter Benjamin Moore Range 5463 GREEN Narragansett Green HC -157 S 548 627 U Van Deusen Blue HC -156 S 4975 Brown TatTe 6672-2 - S 455 Creole Green 6942-2 - S 289 Abbey Blue 6605-2 - S 490 Brown Log 6738--:2 - S 553 Grey Moss 7074-2 - S 316 Deep Delft 6462-1 4545 U S 412 Brown Earth 7164-1 468 U S 5467 Black Stone 7140-1 S 539 Midnight 6606-3 476 U S Table 12H-3. Acceptable Colors for Architectural Elements, Panton Matching System Numbers Color N%Thites Quarter -tone '-fid-tone Shadow -tone GREEN None 623 U 625 U 627 U 5807 U 5787 U 5757 U 5747 U 5875 U 5855 U 5835 U 5815 U 5803 U 5793 U 5773 U 5743 U OLIVE 454 C. 452 C 451 C 450-448 C 4545 C 4535 C 4525-4515 C 4505,4495, 4485 C BRONAW 4545 U 4535 U 4515 U 4485 U 468 U 466 U 464 U 462 U 482 U NA 478 U 476 U RED NIA NA NA 18070- 4840, 4910 Page 19 of 23 N Table 1211-3. Acceptable Colors for Architectural Elements. Pantone Matching S-vstem Numbers Color N%Iites Quarter -tone 'Nfid-tone Shadow -tone Brown NA NA NA DURON ROASTED PEPPER SC 116 N GREY 420 421 - 422 C 423 C 424 - 425 C Beige Almond White 8080th' Silvered Pecan 7741W Gobi Beige 8203M Wild Grasses 8175D WARTGREYGREY 1- 2C NIVARIVI GREY 3C-4 WARIM GREY 5- 7C WARM GREY 8- lic NA 400 401-403 404-405 NA 406 4-7-409 410-411 NA 413 415-416 417-418 Table 1211-4. Examples of Acceptable Duron Historic Paint Colors For Building Materials Color Whites Quarter -tones Nfid-tones Shadow -tones Brown AhnondWhite 9080,W Millet 8212 W Tobacco Road 8214M Mission Bro-*%,n AC14ON Tan Almond White 8080W Madonna. Lily 8191W Saltbrush 8193M Thatch Roof 869-5 D Beige Almond White 8080th' Silvered Pecan 7741W Gobi Beige 8203M Wild Grasses 8175D Page 20 of 23 ATTACHMENT B Characteristics of Northwest Fulton Crossroads Communities a 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 14 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, 3/19/9, 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 No Text ADOPTED BY THE MILTON CITY COUNCIL DECEMBER 21, 2006 AMENDED ON APRIL 19, 2007 ARTICLE XII -11(1) Crabapple Crossroads of the Northwest Fulton Overlay District AN ORDINANCE TO ADD ARTICLE XII -H(1) TO THE ZONING ORDINANCE OF THE CITY OF MILTON GEORGIA; TO DELINEATE THE CRABAPPLE CROSSROADS WITHIN THE NORTHWEST FULTON OVERLAY DISTRICT; AND TO ESTABLISH STANDARDS FOR THE CRABAPPLE CROSSROADS. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MILTON, GEORGIA. 12H(1).1. PURPOSE AND INTENT. The Mayor and City Council of the City of Milton, Georgia hereby declares the purpose and intent of this Ordinance to be as follows: To implement the Crabapple Crossroads Plan of June 4, 2003 and to regulate development in such a way that it will be consistent with the Crabapple Crossroads Plan of June 4, 2003 and with Crabapple's character. To promote the public health, safety, welfare, history and education by ensuring architectural integrity in the Crabapple area and by preserving the cultural heritage of the Crabapple area. To implement and to provide opportunities for mixed-use development which promote the live work concept and are comprised of commercial, office, institutional, and residential uses that are compatible with Crabapple's historic and rural village oriented development. To preserve and to ensure the harmony and compatibility of the character of Crabapple by ensuring that building and site design are human in scale. To provide design standards against which plans will be judged for harmony, compatibility and appropriateness as developed based on Crabapple's historic rural character. To protect 20% of the Crabapple Crossroads as open space. To protect 10% of each project/development as open space. To encourage open space in areas identified in the Crabapple Crossroads Plan. To provide open space that is usable, accessible and lessens the visual impact of development. To develop an interconnected transportation network and to implement a pedestrian -oriented core surrounded by residential uses at its perimeter. Page 1 of 19 To increase transportation modes, to improve mobility, and to improve pedestrian circulation by planning and promoting pedestrian oriented developments. To preserve and promote rehabilitation of Crabapple's historic resources and ensure that existing design characteristics of Crabapple are incorporated into the design standards and that new construction is compatible and complementary with the architectural characteristics of historic resources. To ensure that new construction is compatible and sensitive with Crabapple's existing character including the spatial relationships between buildings, proportion, scale, design, placement, position and architectural qualities and that a building's architectural elements are carried out in all four elevations. To ensure that the design of all buildings is compatible with the scale, design, style, placement, position, uniqueness, historic building elements architectural detailing, variation in building massing, visual variety, and street -orientation of buildings in Crabapple, and with planning policies and goals of the Crabapple Crossroads Plan of June 4, 2003. To preserve Crabapple's historic development pattern that is characterized primarily by single-family residences and neighborhood commercial buildings, many of which were constructed between the late I800s and early 1900s. To encourage a variety of housing choices in Crabapple through the construction of a diverse housing stock. To promote uses that encourage walking, neighborhood businesses as identified in the Crabapple Plan and retail uses that promote the village character. To maintain Crabapple's existing topography, mature vegetation and natural resources and to minimize severe changes that would impact Crabapple's established visual character. 12H(1).2. CRABAPPLE CROSSROADS REGULATIONS. The Crabapple Crossroads is section of the Northwest Fulton Overlay District that applies to all parcels in the Crabapple Crossroads Plan of June 4, 2003. The boundary of Crabapple Crossroads section of the overlay shall include all parcels within the map below. The Crabapple Crossroads section of the overlay, approximately 511 acres in 119 parcels, contains the historic mixed-use center of Crabapple and land surrounding it. It is bounded in part by the following subdivisions: Kensington Farms to the north, Waterside to the west, Crabapple Chase and Arbor North to the southwest, Westminster at Crabapple to the south and Mid -Broadwell Trace and St. Michelle to the east. Page 2 of 19 MR The center of the Crabapple community is at the intersections of Crabapple Road, Birmingham Highway, Mid -Broadwell Road, Mayfield Road and Broadwell Road. CRABAPPLE CROSSROADS OVERLAY DISTRICT MAP If standards are not specified in the Northwest Fulton Overlay District, then the City of Milton Zoning Ordinance shall apply. If standards are not specified in the Crabapple Crossroads Section, then standards of the Northwest Fulton Overlay District shall apply. Whenever provisions of this Article conflict with the City of Milton Zoning Ordinance or any other City of Milton ordinances, or regulations, these standards shall prevail. 12H(l).3 DESIGN REVIEW BOARD. The City of Milton Overlay District Design Review Board, as set forth in Section Page 3 of 19 MpYNq 12H.2. of this ordinance shall review all plans for development except detached single family residential in Crabapple Crossroads 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, or Primary Variance. 12H(1).4. DEVELOPMENT STANDARDS. A. Site Design 1. On site creeks should be integrated into the site as amenities. 2. New construction shall conform to the existing topography as much as possible subject to approval by the Manager of the Community Development Department. 3. Building shall be avoided on sites with slopes greater than 25%. 4. Where retaining walls are required, they shall be faced with indigenous rock or brick. Use of landscape timber as exterior treatment in retaining walls is prohibited. Retaining walls above 5 feet shall have evergreen plantings in front or as approved by Community Development Manager. 5. Detention facilities shall be designed pursuant to the Alternative Design Standards described in the Milton 2005 Subdivision Regulations. 6. Design shall follow the natural landforms around the perimeter of the basin. Side slopes of basins shall not exceed one -foot vertical for every four foot horizontal. B. Streets Notwithstanding the provisions of the Milton Subdivision Regulations and requirements of the City of Milton Transportation Engineer, new streets within the Crabapple area shall conform to the design standards and location criteria set forth below. When these standards conflict with the Georgia State Department of Transportation, the State's standards may prevail. The Crabapple Plan calls for three types of streets to create an enhanced road network. Each street type has on -street parking (optional on Neighborhood Streets -Type C), landscape strips, sidewalks and setback standards. Page 4 of 19 11 d10. ype A vinage man sweet 1. Village Main Street (Type A): Type W streets Existing commercial stre shoLid conform to new standards. (Crabapple, Mayfield) Reconvnended maxima block depth in com- nerd areas = 400 feet Mayfield Road and Crabapple Road are designated as Village Main Streets. The Village Main streetscape standards are: a. Minimum Landscape Strip: 8 feet b. Minimum Sidewalk width: 8 feet C. Building setback: 0 to 10 feet maximum d. On street parking: To be located in Village Mixed Use and Village Office/Residential land uses, optional in other land uses. Bulb -outs to be located at the intersections in Village Mixed Use and Village Office/Residential. Page 5 of 19 Type `B' streets Tobe luted around commerdal cue, schools and primary residential .' streets, and �3 8irrningtram Hwy and 8roadl} Remnmended maximum block depth in mixed use areas _ 4W feet Maximum block lengths 660 14- feet 77 {spy wfo �j 7 5' ,, AV 2. The Village Secondary Street (Type B) Birmingham Highway and Broadwell Road and around the mixed-use area and the schools are designated as Village Secondary Streets. Village Secondary Street (Type B) streetscape standards are: a. Minimum Landscape Strip: 7 feet b. Minimum Sidewalk Width: 5 feet C. Building Setback: 10 to 20 feet maximum d. On Street Parking: along Village Mixed Use and Village Office/Residential land uses, but optional in other land uses. Page 6 of 19 H Type C neighborhood streets Discourage through - traffic 1 of •e# evaluatedBlock length on t basis rural isub- area containing conservation areas (New mighbor ood internal 5t'tS y W. 3. The Neighborhood Streets streetscape (Type C) All residential streets are designated as Neighborhood Streets. In Village Mixed Use, Village/Office Residential and Sub Village Residential A, the Neighborhood Streets streetscape (Type C) standards are: a. Maximum design speed: 25 miles per hour b. Minimum Landscape Strip: 7 feet with curb and gutter and 10 feet with swales C. Minimum Sidewalk Width: 5 feet d. Maximum Building Setback: See table in Residential section e. On Street Parking: Optional In all other Residential and agricultural land uses, the Neighborhood Streets streetscape (Type C) standards are: f. Maximum design speed: 25 miles per hour g. Minimum Landscape Strip: 10 feet swales h. Minimum Sidewalk Width: 5 feet i. Maximum Building Setback: See table in Residential section or as determined by the Community Development Manager. j. Swales shall have a slope of 2% or less. k. Trees shall not be planted in the center line of water flow. 1. Red Maple, river birch, willow, and birch cypress are recommended for planting in swales or other trees as recommended by the Milton arborist. Page 7 of 19 C. Landscaping and Buffers Ty 1. A minimum 6 -foot wide landscape strip between the road the sidewalk is required along Mayfield Road and Crabapple Road. 2. A minimum 5 -foot wide landscape strip between the road the sidewalk is required along Birmingham Highway and Broadwell Road around the mixed use area and the schools. 3. A minimum 5 -foot wide landscape strip with curb and gutter between the road the sidewalk is required for all new residential streets for Village Mixed Use, Village Office Residential and Sub Village Residential A. A 10 -foot wide landscape strip with swale is required for all new residential streets in the other Residential land uses. 4. Specimen trees should be preserved to the extent possible. 5. Street trees in the landscape strips shall be planted in asymmetrical groupings at a minimum density of one tree per 30 feet of street frontage. Trees shall be selected from the Milton Tree Preservation Ordinance and Administrative Guidelines. 6. Street trees may be counted towards the required tree density for a site as approved by the City of Milton Arborist 7. Trees shall be trimmed up to 7 feet or not impede pedestrians. 8. Street lights and pedestrian lights may be placed in the landscape strip as Long as long as they don't interfere with future tree growth. 9. Additional landscaping elements of trees, shrubs, grass and ground cover may be provided in building setbacks. 10. Parking lots shall include landscape islands per the Zoning Ordinance of City of Milton and the Milton Tree Ordinance 11. Buffers: Parcels at the periphery of the Crabapple Crossroads shall have a 25 foot buffer and 25 ft building setback to provide a transition between the parcels in the Crabapple Crossroads and those outside of it. D. Sidewalks and Pedestrian Paths 1. Sidewalks are required along all public and private road frontages and should be offset as specified in section 12H(1)4.B. Meandering sidewalks around existing trees is subject to the approval of the City of Milton Arborist. ''' 2. Sidewalk materials shall be continuous across the entire length of all Page 8 of 19 driveways. The driveway shall match the appearance of sidewalk materials, in color, texture and design. 3. Design and materials of sidewalks along the existing roads (Crabapple Road, Birmingham Hwy., Mayfield Road, Mid -Broadwell Road and Broadwell Road) to be determined by the Public Works Crabapple Streetscape Project. 4. Sidewalks for all new projects shall connect with existing sidewalks and paths. 5. Pedestrian paths shall be designed to minimize automobile and pedestrian interaction. In Village Mixed Use and Village Office/Residential land use, clear pedestrian paths between buildings, sidewalks and parking lots shall be established with minimal interruption of pedestrian paths by vehicular circulation, parking lots, and service areas. 6. Pedestrian paths shall connect residential development, open space, institutional uses and nonresidential developments as reviewed by the Community Development Department. E. Streetscape Lighting and Street Furniture 1. The lighting plan for sidewalks shall be included on the site plan submitted at the time of application for a Land Disturbance Permit. Lighting shall also be shown on the landscaping plan. Future mature growth vegetation shall not conflict with proposed lighting. 2. Street lighting and pedestrian lighting shall meet the Crabapple Streetscape standards. Developments in the Village Mixed Use and Village Office/Residential shall include street lighting and pedestrian lighting in the streetscape. 4. If provided, street furniture shall be located outside of the minimum sidewalk width of 5 ft. If installed, benches and trash containers shall be selected from the Crabapple Streetscape standards. 5. Hardscape elements such as wider sidewalks plazas, street furniture such as benches, fountains, tables and chairs, and trash receptacles may be located in the required front yard and side corner yard setbacks. Page 9 of 19 14 6. Awnings can project over sidewalks. F. Block Size and Block length 1. Land shall be subdivided into block sizes that range from 2 to 10 acres. Blocks with a mix of uses should be 2 to 5 acres. 2. Each side of residential blocks shall not exceed 660 feet in length. 3. Each side of Village Mixed Use and Village Office/Residential blocks shall not exceed 400 feet in length. 4. Double frontage lots are not allowed. 5. New streets should not be created which require rear yards of new buildings nor opaque fencing to face an existing public right of way (except alleys). G. Colors All buildings shall meet these color standards. All exterior building materials, architectural and decorative elements, and sign structure colors must be selected from the list provided. The numbers refer to Pantone Matching System, an international color matching system. All shades of whites and off whites shall be allowed. Page 10 of 19 a F Y � r s 6. Awnings can project over sidewalks. F. Block Size and Block length 1. Land shall be subdivided into block sizes that range from 2 to 10 acres. Blocks with a mix of uses should be 2 to 5 acres. 2. Each side of residential blocks shall not exceed 660 feet in length. 3. Each side of Village Mixed Use and Village Office/Residential blocks shall not exceed 400 feet in length. 4. Double frontage lots are not allowed. 5. New streets should not be created which require rear yards of new buildings nor opaque fencing to face an existing public right of way (except alleys). G. Colors All buildings shall meet these color standards. All exterior building materials, architectural and decorative elements, and sign structure colors must be selected from the list provided. The numbers refer to Pantone Matching System, an international color matching system. All shades of whites and off whites shall be allowed. Page 10 of 19 Permitted Colors Base Colors — Primary Building material Accent Colors — allowed for architectural Pantone Colors elements, roof, accents, awnings, structure Pantone Colors 120C 466 C&U 1807C 4975 1205C 4645 2C -7C 553 160C 468C&U 289C 5363 1815C 4685C 316C 539 2915 4715C 401-405C 548 400C 482U 407-412C 5467 406C 483C 412C 5743U 404C 490C 415-419C 5747U 410C 5455C 423C 5757U 413C 5477C 424-425C 5773U 420C 549U 448-450C 5815U 421-422C 5773C 4485U 5835U 435C 5787U 4495C 625U 4495C 5793U 451C 627U 450C 5803U 4504C Warm Grey 5-7C 452C 5807U 4515-4525C Warm Grey 8-11 4525C 5855U 455C 4535C 5875U 462U 4535U 607 464U 4545C 608 476U 454C 623U 478U 4545C 726 484C Warm Grey 1-4 491C H. Open Space 1. Each development shall indicate 10% of the site as open space. The openspace can include environmentally sensitive areas, streams and stream buffers, multi -use paths, pocket parks and public parks. In the portions of the study area in the Chattahoochee River basin (i.e the sewered portions of the study area) a maximum 50% of the required open space shall be environmentally sensitive areas, streams, stream buffers. 2. The open space shall be accessible for pedestrian use and usable. It shall not include any portion of lots nor required landscaping and setbacks. 3. To the extent possible, new development projects should provide access to the three parks which are identified in the Crabapple Crossroads Plan of 2003. The open space should be located adjacent to and connected with these three parks: along the two streams in the NW quadrant, along the City of Alpharetta lake in the SW quadrant and along the lake on Mayfield Road in the NE quadrant. In addition, open space with paths is encouraged. Page 11 of 19 12H(1).5. COMMERCIAL OFFICE and INSTITUTIONAL DEVELOPMENT STANDARDS. All nonresidential standards apply to renovation existing and construction of new structures, used for non-residential purposes, within the area defined within the document. A. Driveways and Parking for Nonresidential Uses 1. Driveway access to non-residential buildings should be located at the side or rear of the principal structure. 2. In commercial areas, inter -parcel access and shared driveways are required to minimize curb cuts and improve street traffic flow. 3. Parking and driveways shall be made out of gravel, concrete or pavers. Stamped and/or colored concrete surfaces shall also be acceptable surface treatments. Asphalt shall not be allowed. 4. Any parking over the amount required by the City of Milton Zoning Ordinance shall be surfaced with gravel or grass pavers. 5. Parking may be shared pursuant Article 18 of the City of Milton Zoning Ordinance. 6. On -street parking can be counted as part of the minimum number of required parking spaces. 7. In the mixed use and office/residential land use areas and on Type A Village Main Streets and Type B Village Main Streets, streetscape bulb -outs shall be located at all intersections and to the extent possible one bulb out shall be required for every five on -street parking spaces. Location, design and plantings in the bulb -outs are subject to the approval of the City of Milton Community Services Department. Figure L Bulb out at intersections Page 12 of 19 B. Non -Residential Building Design 1. The building fagade facing a public right of way shall have exterior building wall offsets, including projections, recesses every 40 feet in order to add variety. 2. Pitched roofline offsets shall be provided every 40 feet to relieve the effect of a single roof and to add variety. 3. Appropriate and safe view angles and pedestrian crossings at exits and entrances should be provided. 4. Corner building facades shall be parallel with the street (see illustration). Erxeoura"d ]DIscotraged 5. The buildings materials and design applied to the fagade, shall continue with the same proportion on all other exterior elevations of the building. This proportion shall be calculated on a per side basis. 6. Architectural accent material may include hard coat stucco. 7. The permissible roof types are gable, pyramidal, and hip as well as flat roof. A minimum four foot parapet wall on all four sides or sufficiently high enough to screen roof mounted equipment from views from the right-ofway, shall be required. Shed roofs are permitted over porches, additions, and accessory structures. 8. There shall be no pitch requirement for a roof. 9. Window standards are as follows: a. Sash windows shall have divided lights. b. Muntins and mullions shall be true divided lights or simulated divided lights with muntins integral to the sash and permanently affixed to the exterior face of glass. Page 13 of 19 C. The scale of the window and doors should be appropriate to the wall in which it is placed. The front facade shall have windows and door P., openings to consist of a minimum of 20% of the size of the front fagade. The other elevations shall have window and door openings to consist of a minimum of 15% of the size of the corresponding elevation. Windows shall be provided on each floor. d. No window shall exceed 32 square feet and no grouping shall exceed 100 square feet. Metal mullions are prohibited. Windows in elevations facing a public right of way shall be predominantly vertical in orientation. Store front type windows are allowed on the front fagade. f. Window sills shall be placed a minimum of two feet above finished grade. g. Window frames on front facades shall not be metal. 10. Exterior machines, for the purpose of vending and dispending prohibited. 11. Propane tanks and other gas tanks and their storage containers shall be either screened and located on the side or rear or as directed by the Fire Marshall so that items cannot be seen from the street. 12H(1).6. RESIDENTIAL STANDARDS. A. Applicability The Crabapple Crossroads Residential Standards shall apply to townhomes and multi -family residential properties and structures. However building setbacks and frontage requirements shall apply to all residential uses. B. Residential Site Requirements 1. The required lot frontage and building setbacks are as follows: Page 14 of 19 Building Setbacks and Frontage Requirements Lot size Lot Frontage Front Yard Side Yard Rear Yard. (square feet) (minimum) Setback Setback Setback masimunt minimum) minimum Over 21,600 90 feet 50 feet 15 feet 25 feet 16,2€10 feet and 90 feet 30 feet 15 feet 25 feet up to 21,600 feet 1 20 feet: 10 1 5 15 10,800 feet and 60 feet 20 feet 10 feet 10 feet tip to 16,.200 feet 6,000 feet and 60 feet 20 feet 7 feet 7 feet up to 10,800 Binding Setbacks and Frontage Requirements Lot size Lot Frontage Front Yard Side Yard Rear Yard (square feet) (minimum) Setback Setback Setback (maximum) minimum minimum 4,800 feet and 48 feet 15 feet 5 feet 5 feet up to 6,000 feet L tai 4,800* 1 20 feet: 10 1 5 15 2. Building separations shall be subject to the requirements of the Standard Building Code and the Life Safety Code. C. Driveways 1. Turnarounds and permanent off-street parking are not permitted between the principal structure and a public street. 2. No more than one driveway shall be allowed per single family residence. 3. A driveway serving a single residential unit shall not exceed 12 feet in width up to the front fagade of a house, including the flare at the street. 4. Driveways shall be gravel, concrete or pavers. Asphalt driveways are prohibited. 5. Driveways shall be located at least 5 ft from a parcel line. D. Building Orientation 1. The front facade, front porches, and front doors of the principal residential structure shall face and be parallel to the street. 2. There shall be no double frontage lots (except for private alleys). Page 15 of 19 3. Duplex units shall be located side by side or above and below facing a ~~ public street. Duplexes shall not be of a front/back configuration. E. Garages 1. Garages shall not extend beyond the front fagade or primary building line of the residential structure. Garage entrances are prohibited on the front facade of the residential structure (see exemption in item 3 below). 2. Garages can be located in the rear or the side of the residential structure. Garages can be located in the rear of the lot and house (either attached or detached) accessed from an alley or in the rear of the house and lot (either attached or detached) accessed from a side drive. 3. Garages can be located to the side of the house with a front garage entrance set back at least half the distance of the depth of the house. 4. The garage can be flush with the front fagade of the house with the entrance on the side elevation as long as the garage feature is undistinguishable from the front elevation. F. Fences and Walls 1. Fences shall be constructed of brick, stone, ornamental iron, wood pickets or wood boards or a combination thereof. 2. Fences not exceeding four feet in height may be erected in the front yard and along the right-of-way. 3. Fences along any right of way shall not be opaque. 4. Fences and walls not exceeding six feet in height may be erected in the rear and side yards. Six feet high side yard fences shall start half way back the depth of the house. 5. Access to alley ways may be fenced and entry controlled via a gate(s). Gates shall not be opaque. 6. In the event of the construction of a conventional detention facility, exterior portions of concrete retention ponds shall be faced with stone of brick. 7. Chain link fences are prohibited, except as required along detention/retention ponds and along recreational facilities. Chain link fences shall be black clad in vinyl and be screened with a 20 ft landscape strip, planted at buffer standards. Page 16 of 19 N 8. Other than retaining walls, walls shall not be erected in the front yard or in yards adjacent to a public street. Retaining walls shall be faced with stone or brick. G. Accessory Structures Permanent accessory structures larger than 150 square feet, including detached garages, shall be built of similar exterior buildings materials as the principal structure and shall be located in the rear yard. 2. All mechanical equipment visible from a public street shall be screened with vegetation and/or fence materials. If it is a corner lot, then is shall be screened from the front view from both street frontages. 3. Private recreation and amenity areas (with the exception of paths) shall be placed internal to a development and shall not have frontage on Mayfield Road, Birmingham Hwy, Crabapple Road, Broadwell Road nor Mid - Broadwell Road. H. Residential Building Design 1. The building fagade facing a public right of way shall have building wall offsets, including projections, recesses to be used every 40 feet in order to add variety. 2. Townhome developments shall not contain more than 5 connected units in a single building massing. Each townhome in a townhome building shall have the same building materials. When a townhome is located on a corner, architectural elements and details of the house shall continue on the side of the house along the street. 3. Maximum Building height shall be 30 feet to the eave of the building measured at the front fagade. 4. Allowed exterior materials are: horizontal wood lap siding, cementitious lap siding, vertical board and batten, brick, and stone. Hard coat stucco shall only be allowed for trim areas. The building materials applied to the front fagade shall continue with the same proportion on all other exterior elevations of the building. This proportion shall be calculated on a per side basis. Page 17 of 19 14 5. Vinyl or aluminum siding, glass curtain walls, concrete masonry units, exterior insulation and finishing systems (EIFS), exposed concrete masonry # units (CMU), concrete foundation walls are prohibited as exterior building materials. 6. Roof types shall be side gable, cross gable, front gable, and hip. Shed roofs are allowed on porches. Roofs shall be made out of asphalt shingle, wood shingle, wood shake, slate or standing seam metal. Skylights shall be flat (bubble and geometric skylights are prohibited). They shall be placed to the rear of the house. 7. Windows in the front fagade shall be predominantly vertical in orientation. 8. Windows frames of windows on the front fagade shall not be made out of metal. 9. If muntins or mullions are used, they shall be either true divided lights or simulated divided lights (clip -ons are allowed). 10. Front doors shall be wood panel or have a combination of wood and glass (such as French doors) or shall have the appearance of wood. 11. Exterior chimneys shall originate at the grade. Exterior chimneys shall be faced with stone or masonry. Chimneys that originate at the interior can be faced with hard coat stucco. Chimneys shall not be covered with siding. 12. A paved walkway from the front sidewalk to the front entry or front porch on the principal structure shall be provided for houses set back less than 30 feet and encouraged for houses with larger setbacks. 13. One front porch shall be required for every five groupings of townhomes. Two porches shall be required for every four groupings of townhomes. One porch shall be required for every three groupings of townhomes. 14. Front porches may extend 10 feet into the setback. Porches must have a minimum depth of six feet. 15. Porches for quadruplex residences may be shared. 16. If shutters are used, they shall fit the size of the window. 17. Decks are allowed only to the rear of the principal structure. They shall be not extend beyond the width of the building. Page 18 of 19 14 12H(1).7. EXISTING HISTORIC STRUCTURES. This includes all structures identified in the 1996 Historic Resources Survey used for non-residential uses. A. Alterations and additions shall be consistent and reinforce the historic architectural character of the entire structure and shall comply with the standards herein. B. New additions and exterior alterations shall not destroy historic materials that characterize the property. The new work may be differentiated from the old. To protect historic integrity, any new work shall be compatible with the massing, size, scale and architectural features of the property. C. The removal of distinctive materials or alteration of features that characterize a structure shall be avoided. D. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design. E. Where improvements and or alterations do not exceed 50% of the square feet of the structure, applicants shall be exempt from the review by the City of Milton Overlay District Design Review Board. Page 19 of 19 ADOPTED BY THE MILTON CITY COUNCIL DECEMBER 21, 2006 AMENDED ON APRIL 19, 2007 ARTICLE XXXIII Signs Section 1: General Provisions. This Article shall hereafter be known and cited as the "City of Milton Sign Ordinance." Section 2: Purpose and Findings. A. Purpose This Article was enacted with the following purposes: 1. To protect the rights of individuals and businesses to convey their messages through signs; 2. To encourage the effective use of signs as a means of communication; 3. To promote economic development; 4. To improve traffic and pedestrian safety as it may be affected by distracting signs; 5. To prevent the destruction of the natural beauty and environment of the City and to ensure the harmony and compatibility of the character of the area including its physical appearance, natural setting, informal landscaping, and preserve the historic character of the City; 6. To encourage and ensure that development that is context sensitive 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 that further the distinct values of the City; 7. To protect the public health, safety, and general welfare; 8. To restrict the continued existence of abandoned or non -conforming signs unless in compliance with the terms of this Article and to eliminate, over time, all non- conforming signs; 9. To ensure the fair and consistent enforcement of sign standards; and 10. To make it easier, quicker, and more economically efficient to apply for a sign permit. Page 1 of 43 R Findings 1. The City finds that signs are a proper use of private property, are a means of personal free expression and a necessary component of a commercial environment. As such, signs are entitled to the protection of the law. In the absence of regulation, however, the number of such signs tends to proliferate, with property owners' desiring ever increasing numbers and sizes of signs, leading to cluttered and aesthetically blighted thoroughfares. In addition, the competition among competing sign owners for visibility of their signs contributes to safety hazards for both vehicles and pedestrians and undermines the sign owners' original purpose of presenting a clear message of its idea or identification of its premises. 2. The City further finds that the regulation of the size, height, number and spacing of signs is necessary to protect the public safety, to assure compatibility of signs with surrounding land uses, to enhance the business and economy of the City, to protect the public investment in the streets and highways, to maintain the tranquil environment of residential areas, to promote industry and commerce, to eliminate visual clutter and blight, to provide an aesthetically appealing environment, and to provide for the orderly and reasonable display of advertising for the benefit of all the City's citizens. 3. The City further finds that there is a substantial difference between signs erected by public authority and signs erected by private citizens or businesses. Signs erected by public authority are virtually all erected for the purpose of maintaining the public safety either through direct control of traffic or through provision of such type signage as street signs which enable the traveling public to know where they are located and to find where they are going. As such, with the exception of signs identifying government buildings, virtually all government signs are erected purely for public safety purposes. Moreover, their use in the public right-of-way is necessary to ensure their visibility to the motoring public. The City commission finds that public utility signs are frequently of the same nature as those signs erected by governmental entities in that they provide necessary information to safeguard the public from downed power lines and from street excavations. Even where signs serve a propriety purpose, such as identifying markings on utility polls, those signs are marked primarily for the purpose of benefiting the public generally through identification of locations where there may be temporary losses of power. 4. The City further finds that some signage has a single targeted function and that identification of such signage by description is impossible without referring to its function. For instance, address numerals are used for the sole purpose of locating addresses, which is of benefit to persons looking for those addresses and is essential to public safety personnel responding to emergencies. Subdivision signs at the entrances to subdivisions favor a similar purpose in Page 2 of 43 enabling both the traveling public and emergency personnel to quickly locate subdivision entrances for the purpose of either visitation or responding to emergency calls. While such signage is referenced based upon the function it serves within the context of this ordinance, the bulk of the provisions of this chapter are unrelated to the content of the speech provided and allow maximum expressive potential to sign owners. 5. The City further finds that most of the City of Milton is unique when compared to surrounding areas in terms of the rural, pastoral and equestrian nature of its land uses. Examination of such factors as the lack of sewerage of the majority of its land area, the resulting minimum lot size, the lack of commercial development outside overlay districts and purposefully developed commercial corridors and the large number of agricultural and related uses such as horse farms set Milton apart from the more commercialized and developed municipalities which surround it. The preservation of this atmosphere and lifestyle was a major factor in the drive to incorporate Milton as its own, unique City. Accordingly, the City of Milton determines that it has a substantial government interest in striking a proper balance between the right of freedom of expression in terms of the time, place and manner of signage with the need to preserve the pristine character of the City. Section 3: Definitions. Words and phrases used in this Article shall have the meanings set forth in this section. Words and phrases not defined in this section, but defined in the zoning ordinance of the City of Milton, shall be given the meanings set forth in such ordinance. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise. Section headings or captions are for reference purposes only and shall not be used in the interpretation of this Article. Abandoned sign. Any sign that contains or exhibits broken panels, visible rust, visible rot, damaged support structures, or missing letters or which is otherwise dilapidated, unsightly, or unkempt, and for which no person accepts maintenance responsibility. Animated sign. Any sign, or part of a sign, that uses any movement or change of lighting or color to depict action or create a special effect or scene. Audible sign. Any sign which emits a sound which is audible or emits a signal which can be converted into audible sounds, whether by radio or other means. Awning/canopy sign. Any sign that is a part of, or attached to, an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy. Page 3 of 43 Banner. A sign other than a flag with or without characters, letters, illustrations or ornamentation applied to cloth, paper, vinyl or fabric that is intended to be hung either with a frame or without a frame. Neither flags nor canopy signs are considered banners. Beacon. Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move. Billboard. A freestanding sign with an area of more than one -hundred twenty (120) square Feet and not to exceed 12 feet in height. Changeable copy sign. Any sign that incorporates changing lights, lettering, or images to form a sign message or messages, whether such changes are accomplished electronically or manually. City Council. The City Council of the City of Milton. City. The City of Milton. Fall zone. An area equal to one hundred thirty-three percent (133%) of the height of the structure in every direction. Flag. Any fabric or bunting containing colors, patterns, or symbols used as a symbol of a government or other legal entity or legally organized organization. Flashing sign. A sign, the illumination of which is not kept constant in intensity at all times when in use and which exhibits marked changes in lighting effects. Freestanding sign. Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure. A permanently affixed sign which is wholly independent of a building for support. Graffiti. Unauthorized writing or drawing on the fayade of any building, sign, path, accessory structure, wall, fence, or other site element. Illuminated sign, External. A sign illuminated by an external light source. Such source cannot be a device that changes color, flashes or alternates. Illuminated sign, Internal. A sign illuminated by an internal light source. Such source cannot be a device that changes color, flashes, or alternates. Kiosk. A small structure with one or more sides that is used to vend merchandise or services. Page 4 of 43 Lot. A parcel of land that is of sufficient size to meet minimum zoning requirements for lot area, coverage, and use and that can provide such yards and other open spaces as required by the zoning standards. The Director of the Department of Community Development, or his or her designee for a particular purpose. Marquee, marquee sign. Any permanent roof -like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather. Monument. A freestanding sign with a base width of not less than the width of the sign face. Moving sign. A sign which revolves, rotates, swings, undulates, or otherwise attracts attention through the structural movement of parts. Multi -tenant. One or more buildings, located on a single premise or development, containing two (2) or more separate and distinct individual establishments, which occupy separate portions of the building or buildings and which are physically separated from each other by walls. Obscene. Material is obscene if to the average person, applying contemporary community standards, taken as a whole, it predominantly appeals to the prurient interest, that is, a shameful or morbid interest in nudity, sex or excretion; the material taken as a whole lacks serious literary, artistic, political or scientific value; and the material depicts or describes, in a patently offensive way, sexual conduct specifically defined as: (A) acts of sexual intercourse, heterosexual or homosexual, normal or perverted, actual or simulated; (B) acts of masturbation; (C) acts involving excretory functions or lewd exhibition of the genitals; (D) acts of bestiality or the fondling of sex organs of animals; or (E) sexual acts of flagellation, torture, or other violence indicating a sadomasochistic sexual relationship. Pennant, streamer. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series, designed to move in the wind. Permanent sign. Any sign which, when installed, is intended for permanent use. A permanent freestanding sign shall be of a type and construction as not to be easily or readily removed from the lot on which it has been erected. Permit. A sign permit reviewed, approved, and issued by the City Department of Community Development. Permittee. The person and/or entity owning or leasing the land on which the sign is erected or for which an application has been submitted. Page 5 of 43 Person. A natural or legal person, including a firm, organization, partnership, trust, and corporation. Portable sign. A sign which is not permanently affixed to the ground or to a structure, including but not limited to signs on trailers or signs mounted or painted on vehicles which are parked in such a manner as to serve the purpose of a sign. Principal building. The building in which the principal use of the lot is conducted. Non-residential lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other structures with clearly accessory uses shall not be considered principal buildings. Projecting sign. Any sign which is suspended or projected from the wall, eave, or soffit of the building. Public sign. Any sign erected by a governmental entity. Roof sign. Any sign erected and constructed wholly on and over the roof of a building, or supported by the roof structure. Sign face. That part of a sign that is or can be used for advertising purposes. Sign. Any device, fixture, placard, or structure affixed to, supported by, or suspended by a stationary object, building or the ground that uses any color, form, graphic, illumination, symbol, or writing to communicate information of any kind to the public. Sign Kiosk. A kiosk that contains signs. Standard Informational sign. A sign with an area of not greater than four (4) square feet, with a sign face made for short term use, containing no reflecting elements, flags, or projections and which, when erect, stands at a height not greater than three (3) feet and is mounted on a stake or metal frame with a thickness or diameter not greater than one and one-half (1 '/z) inches. Temporary sign. Any sign of nonpermanent nature. All such signs shall be removed within three (3) calendar days after the purpose of which the sign is intended to advertise has been accomplished. Water Tower. A tower or standpipe serving as a reservoir to deliver water at a required head, whether in use, no longer in use or an architectural feature. Wall sign. Any sign attached parallel to a wall, painted on the wall surface or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building and which displays only one sign surface. Wall signs shall be flush with the wall, building, or structure to Page 6 of 43 which it is mounted or affixed, except as otherwise set forth herein. Window sign. Any sign that is affixed to the exterior of the window or window panes or within 5 feet of the interior of the window or window panes and is visible from the exterior of the structure. Section 4: Powers and Duties of Personnel. The Director is hereby authorized and directed to administer and enforce this article, unless otherwise specifically provided by Ordinance of the City of Milton City Council. Section 5: Applicability. The standards of this Article shall apply to all signs erected within the corporate limits of the City. This includes those areas that have been or will be annexed into the corporate limits of the City. Section 6: Permit Required. Except where specifically not required by the standards of this Article, it shall be unlawful for any person to post, display, materially change, or erect a sign in the City without first having obtained a sign permit. Notwithstanding the foregoing, signs which are not visible from a public right-of-way or from neighboring properties shall not be subject to the standards of this Article. Section 7: Fees Required. No permit shall be issued until the appropriate application has been filed with the Director and fees, as set from time to time by Ordinance of the City Council, have been paid. Section 8: Application. A. Application Content Applications for sign permits required by this Article shall be filed in duplicate by the person owning the subject property, or the owner's agent, in the office of the Director upon forms furnished by that office. The application shall describe and set forth the following: 2. The type and purpose of the sign as defined in this Article. 3. The value of the sign. 4. A survey to scale showing the street address of the property upon which the subject sign is to be located, the proposed location of subject sign on Page 7 of 43 subject property, the distance of the proposed sign from the subject property's boundaries, and all existing structures or buildings on the subject property. The square foot area per sign and the aggregate square foot area if there is more than one (1) sign face. 6. The name(s) and address(es) of the owner(s) of the real property upon which the subject sign is to be located. 7. Written consent of the owner of the property, or his/her agent, granting permission for the placement, maintenance, size, and height of the subject sign to be placed on the property. 8. For wall signs: Two sets of building elevations. 9. The name, address, telephone number, and business license number of the sign contractor. All applicants for signs which incorporate electricity must obtain an electrical permit. 10. Sign details, including a proposed color scheme of sign, and scaled elevation of the size and height of the proposed sign from ground level and adjacent street level. 11. The zoning district in which the subject property is located, and a statement of compliance with all requirements of the zoning district. R Other Zoning Requirements So long as an application conforms to the standards and procedures of this Article, the applicant is exempted from any additional standards, other than standards relating to color, and procedures relating to signs in the City's Zoning Ordinance. Section 9: Application Reiection. A. Incomplete; False The Director shall reject any application that is incomplete, that contains false material statements or omissions, or that is for a sign which would violate any standard within this Article within thirty (30) business days of receipt of said application. The Director may reject at anytime prior to the expiration of the thirty (30) day period, if the application is incomplete or contains false material statements or omissions, by returning the application to the applicant. B. Processing Time; Denial Page 8 of 43 The City shall process all complete and accurate sign permit applications within thirty (30) business days of the City's actual receipt of a complete and accurate application and upon remittance of the appropriate sign permit fee. The Director shall give notice to the applicant of his/her decision by hand delivery or by mailing such notice by certified mail, return receipt requested, to the address on the permit application on or before the thirtieth (30th) business day. If the decision of the Director is to deny the application, the decision shall state the grounds upon which the denial is based. Failure of the City to act within the thirty (30) day period shall be deemed a denial of the permit. If notice is mailed in conformity with this Section, notice shall be deemed to have been given upon the date of mailing. Any application meeting the standards of this Article will be granted. Any application not meeting the standards of this Article will be denied. C. Appealable A rejection pursuant to this Section shall be appealable pursuant to the procedures for Zoning Appeals outlined in the Milton Zoning Ordinance. However, notwithstanding the foregoing, a final decision will be rendered within sixty (60) days from date an appeal is filed. If a final decision is not rendered within the sixty (60) day period, the decision sought to be appealed shall be affirmed. D. Resubmission A rejected application later resubmitted in conformity with this Article shall be deemed to have been submitted on the date of resubmission, instead of the original submission date. An application which is resubmitted shall meet all the standards for an original application. Section 10: Permit Revocation. Should it be determined that a sign permit was issued pursuant to an application containing a false material statement or omission, the Director shall revoke said permit and the subject sign shall be immediately removed. A revocation pursuant to this Section shall be appealable pursuant to the procedures for Zoning Appeals outlined in the City's Zoning Ordinance. However, notwithstanding the foregoing, a final decision will be rendered within sixty (60) days from date an appeal is filed. If a final decision is not rendered within the sixty (60) day period, the decision sought to be appealed shall be affirmed. The permit for any sign not meeting the standards of this Article will be revoked. Section 11: Variance. A. Limitations The Board of Zoning Appeals shall be allowed to grant variances to this Article Page 9 of 43 B. Timing The Board of Zoning Appeals shall hear and decide upon a variance within eighty (80) days of the submission of a complete and accurate application. C. Procedure Except as modified by this Article, the procedures for requesting a variance from the standards of this Article shall be the same procedures as that for seeking a variance from the City's ordinances regulating zoning. D. Standards The standards which shall be considered for granting a variance from the standards of this Article shall be only the following: 1. Relief, if granted, would be in harmony with, or, could be made to b in harmony with, the general purpose and intent of the Zoning Resolution; or, 2. The application of the particular provision of the Zoning Resolution to a particular piece of property, due to extraordinary and exceptional conditions pertaining to that property because of its size, shape, or topography, would create an unnecessary hardship for the owner while causing no detriment to the public; or, 3. Conditions resulting from existing foliage or structures bring about a hardship whereby a sign meeting minimum letter size, square footage and height requirements can not be read from adjoining public road. Section 12: Suspension, Revocation. A. Violation Violation of any provision of this Article shall be grounds for terminating the permit granted by the City to the Permittee or the person or entity erecting the sign. No permit shall be suspended, revoked or canceled except for due cause, as hereinafter defined, and until after the Permittee is granted a public hearing before the City council. B. Hearing The Permittee shall be given ten (10) days written notice of the time, place, and purpose of the hearing, with a statement of the reason for the suspension, revocation, or canceling of such permit and/or license. "Due cause" is the violation of the standards of this Article. The termination of the permit does not in any way preclude the person or persons alleged to have violated the standards of this Article from being tried under Section 19(E) of this Article or preclude the City from taking any Page 10 of 43 other action authorized by this Code and/or any action authorized by law. Section 13: Expiration Date. A sign permit shall become null and void if the sign for which the permit was issued has not been installed and completed within six (6) months after the date of issuance; provided, however, that where an applicant can demonstrate that a commercial entity was timely engaged to construct the permitted sign, but the fabrication has not yet been completed, one (1) ninety (90) day extension may be granted by the Director. No refunds shall be made for a permit after the permit is issued. If later an individual desires to erect a sign at the same location, a new application for the sign must be processed and another fee paid in accordance with the fee schedule applicable at such time. Section 14: Business License Tax Certificate, Public Liability Insurance Required. It shall be unlawful for any person to engage in the business of erecting or maintaining signs within the City, unless and until such entity shall have obtained a City occupation tax certificate and a certificate of insurance from an insurance company authorized to do business in the state evidencing that the entity has in effect public liability and property damage insurance in the sum of twenty-five thousand dollars ($25,000.00) for property damage for any one (1) claim, and public liability insurance in an amount not less than one ,. hundred thousand dollars ($100,000.00) for injuries, including accidental death to one (1) person. The certificate of insurance shall state that the insurance carrier shall notify the City thirty (30) days in advance of any termination and/or restriction of the coverage, including nonrenewal, cancellation, and nonpayment of any premium. Section 15: Identification Labels; Inspection; Notice. A. Identification Labels With each sign permit, the Director shall issue a sticker bearing the same number as the permit with which it is issued. It shall be the duty of the Permittee or his agent to affix such sticker to the sign in the lower right hand area so it is easily seen. The absence of a proper sticker shall be prima facie evidence that the sign has been, or is being, erected or operated in violation of the standards of this Article. B. Inspection The Director shall inspect all existing signs in the City to determine if such signs conform to the standards of this Article. Identification stickers shall be provided for all signs in order to identify existing conforming and nonconforming signs. Page 11 of 43 Section 16: Signs Which Require No Permit. The following shall not count toward the total amount of signage allowed and no permit is required so long as all standards in this Article are met, including those set forth below: 1. Numerals displayed for the purpose of identifying property location not to exceed eight (8) inches in height; 2. Flags; 3. Window signs where allowed; 4. Door signs not to exceed one (1) square foot in size and not more than one (1) sign per door; and 5. Temporary Standard informational signs in all districts. Section 17: Prohibited Signs and Devices. The following types of signs are prohibited in the City: A. Signs Any sign not specifically identified in this Article as a permitted sign. B. Balloons and Streamers Fringe, twirling, A -Frame, sandwich -type, sidewalk or curb -type signs, portable display signs, balloons, streamers or air or gas filled figures and other similar temporary signs, except where permitted in Section 25. C. Beacons; Search Lights; Laser Promotional beacons, search lights or laser lights or images. D. Audible Signs Audible signs. E Signs in Right of Way Signs in a public right of way, other than those belonging to a government, public service agency, or railroad. F. Signs on Tree, Utility Pole or Water Towers Signs mounted on a utility pole, water tower or other similar structure, architectural features, traffic signal or traffic control box and cell towers. G. Roof Signs Page 12 of 43 Roof signs and signs which extend vertically above any portion of a roof or parapet of the applicable wall. H. Portable Signs Portable signs, including signs attached to any parked vehicle or trailer, so as to be visible from a public right -of way, except that signs posted in the window of a vehicle, totaling 1 square foot shall be permitted but not when parked within a non-residential district or AG -1 (Agricultural) developed with a non-residential use with the intent to sell that vehicle I. Obscene Signs Signs which depict obscene material. J. Illegal Activity Signs Signs which advertise an activity which is illegal under federal, state or local laws. K. Signs Not Maintained Signs not in good repair, in violation of codes, or containing or exhibiting broken panels, visible rust, visible rot, damaged support structures, or missing letters. L. Abandoned Signs Abandoned signs. M. Animated; Flashing Signs Animated signs, flashing signs, rotating signs, and changeable copy signs. N. Imitation Traffic Signs Signs which contain or are an imitation of an official traffic sign or signal or contain the words "stop," "go," "slow," "caution," "warning," or similar words in such a manner as to resemble official traffic control signs. O. Graffiti Graffiti. P. Sign Kiosks Sign Kiosks. Page 13 of 43 Q. Signs Attached/Painted to Natural Objects Signs attached to trees; signs painted on or otherwise attached to rocks or any natural objects. Section 18: Violations; Penalties. A. Noncompliance No person shall erect on any premises owned or controlled by that person any sign which does not comply with the standards of this Article. B. Dangerous or Defective No person shall maintain or permit to be maintained on any premises owned or controlled by that person any sign which is in a dangerous or defective condition. Any such sign shall be removed or repaired by the Permittee of the sign, the owner of the premises, or as otherwise provided for in this Article. C. Separate Violation Each sign installed, created, erected or maintained in violation of this Article shall be considered a separate violation when applying the penalty portions herein. D. Public Nuisance Any violation of this Article is hereby declared to be a public nuisance. K Notice The Director shall give the Permittee from 1 (one) to 14 (fourteen) calendar days written notice, based on the urgency of the particular situation and the practical considerations of completing measures to comport with the standards of this Article, to correct the deficiencies or to remove the sign(s) which is in violation of this Article. If the Permittee refuses to correct the deficiencies or remove the sign, the Director will have the sign removed at the expense of the Permittee. F. Citations If any sign or other device covered by this Article is, or is proposed to be, erected, constructed, altered, converted or used in violation of any provision of this Article, the Director shall issue a citation. Additionally, the City may seek an injunction for a continuing violation or take other appropriate action to prevent such unlawful erection, construction, alteration, conversion or use to correct or abate such violation. Any violation of this Article shall be an offense, and the Page 14 of 43 violator shall be subject to a fine of up to one thousand dollars ($1,000.00) per day, imprisonment for up to sixty (60) days, or by both such fine and imprisonment. Section 19: Nonconforming Signs. A. Maintained A nonconforming sign shall not be replaced by another nonconforming sign, except that the substitution or interchange of poster panels, painted boards, or dismountable material on nonconforming signs shall be permitted. All nonconforming signs shall be maintained in good repair. B. Repairs; Material Change Minor repairs and maintenance of nonconforming signs shall be permitted; however, no structural repairs or changes in the size or shape of a nonconforming sign shall be permitted except to make the sign comply with the standards of this Article. To the extent that any sign allowable hereunder is damaged or destroyed by act of God or by other circumstances beyond control of owner of sign then such sign may be repaired without regard to the restrictions of this paragraph. C. Grandfathering Legal Nonconforming signs may stay in place until one of the following conditions occurs: The advertised business ceases at that location; 2. The deterioration of the sign or damage to the sign makes it a hazard or renders it dilapidated, unsightly, or unkempt; or 3. The sign has been damaged to such extent that more than minor repairs or a material change is required to restore the sign. No structural repairs or change in shape or size shall be permitted except to make the sign comply with all standards of this Article. To the extent that any sign allowable hereunder is damaged or destroyed by act of God or by other circumstances beyond control of owner of sign then such sign may be repaired without regard to the restrictions of this paragraph. Section 20: Removal of Unlawful or Dangerous Signs. A. Removal. The City may order the removal of any sign in violation of this Article by written notice to the permit holder; or if there is no permit holder, then to the owner of the sign; or if the sign owner cannot be found or cannot be determined, then to the Page 15 of 43 d-•. sign erector and any party that procured the erection of the sign. If a permit has been issued, such notice shall operate to revoke the permit. B. Procedure Following Removal Order. If the sign is not removed within the time allowable pursuant to a removal order the City may remove or cause to be removed the sign and collect the costs therefor. Section 21: Sign Location. A. Obstructions to Doors, Windows or Fire Escapes. No sign shall be erected, relocated, or maintained so as to prevent free ingress or egress from any door, window, or fire escape. B. Signs Not to Constitute Traffic Hazard. No sign or any part thereof, except authorized traffic signs, shall be located in any government right-of-way. No sign may be located any closer than twenty (20) feet to an intersection as measured from the intersection of the two (2) rights-of-way. C. Setback. Unless a more restrictive setback is specified in conditions of zoning or otherwise in this Article, all signs shall set back the greater of 10 feet from the right-of-way or 20 feet from the edge of pavement if a private street and no sign shall project over the right-of-way. Section 22: Measurement of Sign Area. A. Size Generally The area of a sign shall be computed as the area within the smallest continuous polygon comprised of not more than eight (8) straight lines enclosing the limits of a sign face, together with any sign face cabinet or frame or material, texture, or color forming an integral part of the sign face used to differentiate the sign face from the structure upon which it is placed. If polygons established around wall signs located on the same street oriented wall are within twenty-four (24) inches or less of one another, then the area of the sign shall be measured within one continuous polygon. B. Structure The computation of the area of a sign face shall not include the structure, supports, or uprights on which the sign face is placed or any portions of a sign structure that are not intended to contain any message or idea and are purely structural or decorative in nature, Page 16 of 43 other than those parts contained within the polygon that delineates the sign face. C. Multi -Faced Signs For multi -faced signs, when the sign face surfaces are back to back, or where the interior angle formed by the faces is forty-five (45) degrees or less, the area of the sign shall be taken as the areas on the largest side. For all other multi -faced signs, the area of the sign shall be the total area on all sides that can be viewed at one time from any angle. D.. Three dimensional signs shall not exceed two (2) inches from surface. Section 23: Measurement of Sign Height. The height of a sign shall be computed as the distance from the base of the sign structure at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of: (1) existing grade prior to construction or (2) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. Section 24: Construction Standards. A. Building Codes All permanent signs permitted under this code shall be constructed and maintained in accordance with the applicable City building codes. For any sign that is greater than 8 feet in height (as measured from grade) and greater than 32 square feet in area, the permitee must submit, with its application, detailed structural design drawings of the sign and its foundations. Such drawings must include the foundation, supporting structure and sign face and must be certified by a licensed professional structural engineer. The certifying engineer must also be able to provide an insurance certificate indicating it carries a minimum of 1 million dollars of professional liability insurance. The city may remove, after reasonable notice, any sign which shows structural faults, neglect, or becomes dilapidated. B. Faces The face of sign shall be flat, with protrusions of no more than two (2) inches to allow for the texture of the sign and words, letters, figures, symbols, logos, fixtures, colors, or other design elements. No sign or other advertising structure shall be constructed so as to have nails, tacks, or wires protruding therefrom. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood. C. Illumination Page 17 of 43 Signs may be externally illuminated where permitted pursuant to this Article. Colored lighting is prohibited. Where external illumination is permitted for freestanding signs, the source of illumination shall be screened from the view of the general public with shrubs. D. Construction of Bases Except in the overlay districts, freestanding signs shall have a base not less than one-third (1/3) the width of the sign face. Base must also be wood or brick or stone or have the appearance of wood, brick or stone or other materials which are compatible with the main structure as approved by Community Development Director. E. Landscaping Landscaping and grass shall be maintained in front of, behind, underneath, and around the base of freestanding signs. Section 25: Restrictions Based on Location. If not otherwise stated, any sign not specifically allowed in a zoning district as provided under this Section shall be prohibited in that district, except as otherwise provided for under this Article. The following standards govern signs within specific zoning districts. A. Permitted in all Zoning Districts 1. Signs during Construction. One (1) sign shall be allowed during construction. A permit shall be required. The sign may be externally illuminated, shall not exceed twelve (12) square feet in area and five (5) feet in height, and shall be allowed beginning with the commencement of construction and ending with the issuance of the last Certificate of Occupancy or two years, whichever one shall first occur. Thereafter, the permitee may reapply for a renewal permit subject to same termination conditions as set forth in this paragraph.. 2. Temporary Standard Informational Sign. Each lot and or development may display one (1) standard informational sign not exceeding (four) 4 square feet without a permit except that during a political election or referendum, between the date of qualification of the candidate or the referendum question and final determination on each ballot issue or candidate, each lot may display an unlimited number of standard informational signs. 3. Banners shall be allowed for a period not exceeding ten (10) consecutive days with no more than four (4) such ten (10) consecutive day periods being permitted per calendar year per lot. Banners shall not be more than twenty-four (24) square feet. A permit shall be required. No banner shall be mounted so as to extend above the Page 18 of 43 horizontal plane of the roof where the building wall and roof meet or shall not extend more than five (5) feet above grade when on the ground. B. Agricultural District 1. Freestanding Signs. a. One (1) maximum thirty-two (32) square foot, freestanding sign per business or institutional lot shall be permitted for each street on which the lot has frontage b. One (1) maximum thirty-two (32) square foot, freestanding sign or two (2) single -faced freestanding signs not to exceed sixteen (16) square feet each for each side of a platted single family subdivision entrance. Freestanding signs shall have a maximum height of six (6) feet from finished grade, and may be externally illuminated, and the light shall be screened from view with evergreen plantings as approved by the Community Development Director. Signs shall not have changeable copy C. Flag. Each development may display no more than one (1) flag and/or flagpole and, in addition, each single family detached residential lot within each development may display not more than one (1) flag and/or flagpole.. The flagpole shall not exceed twenty (20) feet in height. Flag size shall not be more than twenty-four (24) square feet. d. Each residence may display up to 12 (twelve) square feet of signage with no single sign greater than 4 (four) square feet. C. Single Family Residential, CUP and NUP Districts Freestanding Signs a. One (1) maximum thirty-two (32) square foot, freestanding sign per business or institutional lot shall be permitted for each street on which the lot has frontage. b. One (1) maximum thirty-two (32) square foot, freestanding sign or two (2) single -faced freestanding signs not to exceed sixteen (16) square feet each for each side of a platted single family subdivision entrance. Freestanding signs shall have a maximum height of six (6) feet from finished grade, and may be externally illuminated, the light shall be screened from view with evergreen plantings as approved by the Community Development Director and shall not have changeable copy. Page 19 of 43 C. Flag. Each lot may display no more than one (1) flag and /or flagpole. The a flagpole shall not exceed twenty (20) feet in height. Flag size shall not be more than twenty-four (24) square feet. d. Each residence may display up to twelve (12) square feet of signage with no single sign greater than four (4) square feet. D. Apartment and Townhouse Residential Districts Freestanding Signs a. There shall be one freestanding sign per right-of-way frontage and it shall be located at the project entrance. b. Maximum height shall be six feet from finished grade. C. The maximum size shall be 32 square feet. d. Signs shall not have changeable copy. e. Sign may be externally lighted. The light shall be screened from view with evergreen plantings as approved by the Community Development Director. f. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. g. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. h. Flags. Each development may display no more than one (1) flag and/or flagpole. The flagpole shall not exceed twenty (20) feet in height. Flag size shall not be more than twenty-four (24) square feet. i. Each residence may display up to twelve (12) square feet of signage with no single sign greater than four (4) square feet. 2. Wall Signs a. Businesses may have no more than two wall signs. Corner buildings may have an additional wall sign. b. One sign shall be flush against the wall. The maximum size shall be 12 square feet. Page 20 of 43 C. A second sign, if used, shall be perpendicular or oblique to the wall. The maximum size shall be 2 square feet. d. Signs shall be one unit as opposed to individually mounted letters. e. Wall signs shall not have changeable copy. f. If illuminated, signs may be externally lighted and directed downward. g. Wall sign shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. h. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. 3. Window Signs. Not more than three (3) window signs per development shall be allowed and shall not be larger than four (4) square feet or cover more than five percent ( 5%) of the area of each window in which a sign is placed, whichever is less. Such signs shall not be illuminated. E. O -I District 1. Billboards. Within Office -Institutional (O -I) districts, freestanding signs shall not exceed one hundred twenty (120) square feet and shall be located according to the following standards: a. Along, and oriented toward, State numbered primary routes or national highways only; b. At least five hundred (500) feet from all residential or AG -1 zoning districts; C. Minimum fifty (50) foot setback from right-of-way; d. Minimum of one thousand five hundred (1500) feet from any other Billboards or freestanding sign, except standard informational signs; e. The lot on which the billboard is located shall have sufficient area to accommodate the Fall Zone, and except for the sign, no parking areas, pedestrian areas, roadways, buildings, structures, or appurtenances shall be contained in the Fall Zone; f. Maximum of twelve (12) feet in height; and g. In compliance with applicable height standards for the district in which located. Page 21 of 43 2. Freestanding Signs. a. There shall be one freestanding sign per right-of-way frontage and it shall be located at the project entrance. b. Maximum height shall be six feet from finished grade. C. The maximum size shall be 32 square feet. d. Signs shall not have changeable copy. e. Sign may be externally lighted. The light shall be screened from view with .evergreen plantings as approved by the Community Development Director. f. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. g. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. h. Flag. Each development may display no more than one (1) flag and/or flagpole. The flagpole shall not exceed twenty (20) feet in height. Flag size shall not be more than twenty-four (24) square feet. 2. Wall Signs a. Businesses may have no more than two wall signs. Corner buildings may have an additional wall sign. b. One sign shall be flush against the wall. The maximum size shall be 12 square feet. C. A second sign, if used, shall be perpendicular or oblique to the wall. The maximum size shall be 2 square feet. d. Signs shall be one unit as opposed to individually mounted letters. e. Wall signs shall not have changeable copy. f. If illuminated, signs may be externally lighted and directed downward. g. Wall sign shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. Page 22 of 43 h. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. F. Mixed Use District Freestanding Signs. a. There shall be one freestanding sign per right-of-way frontage and it shall be located at the project entrance. b. Maximum height shall be six feet. C. The maximum size shall be 32 square feet. d. Signs shall not have changeable copy. e. Sign may be externally lighted. The light shall be screened from view with evergreen plantings as approved by the Community Development Director. f. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. g. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. h. Flag. Each development may display no more than one (1) flag and/or flagpole and, in addition, each single family detached residential lot within each development may display not more than one (1) flag and/or flagpole. The flagpole shall not exceed twenty (20) feet in height. Flag size shall not be more than twenty-four (24) square feet. i. Each residence may display up to twelve (12) square feet of signage with no single sign greater than four (4) square feet. 2. Wall Signs. a. Businesses may have no more than two wall signs. Corner buildings may haven an additional wall sign. b. One sign shall be flush against the wall. The maximum size shall be 12 square feet. Page 23 of 43 C. A second sign, if used, shall be perpendicular or oblique to the wall. The �maximum size shall be 2 square feet. d. Signs shall be one unit as opposed to individually mounted letters. e. Wall signs shall not have changeable copy f. If illuminated, signs may be externally lighted and directed downward. g. Wall signs shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. h. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. G. Commercial and Industrial Park Districts (M -1A) 1. Billboards. Within Commercial (C-1) and Industrial Park (M-lA) districts, freestanding signs shall not exceed one hundred twenty (120) square feet and shall be located according to the following standards: a. Along, and oriented toward, State numbered primary routes or national highways only; b. At least five hundred (500) feet from all residential or AG -1 zoning districts; Minimum fifty (50) foot setback from right-of-way; d. Minimum of one thousand five hundred (1500) feet from any other Billboards or freestanding sign, except standard informational signs; The lot on which the billboard is located shall have sufficient area to accommodate the Fall Zone, and except for the sign, no parking areas, pedestrian areas, roadways, buildings, roadways, structures, or appurtenances shall be contained in the Fall Zone; f. Maximum of twelve (12) feet in height; and g. In compliance with applicable height standards for the district in which located. 2.. Freestanding Signs. Page 24 of 43 a. There shall be one freestanding sign per right-of-way frontage and it shall be located at the project entrance. b. Maximum height shall be six feet from finished grade. C. The maximum size shall be 32 square feet. d. Signs shall not have changeable copy. e. Sign may be externally lighted. The light shall be screened from view with evergreen plantings as approved by the Community Development Director. f. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. g. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. h. Flag. Each development may display no more than one (1) flag and/or flagpole. The flagpole shall not exceed twenty (20) feet in height. Flag size shall not be more than twenty-four (24) square feet. 3. Wall Signs. a. Businesses may have no more than two wall signs. Corner buildings may have an additional wall sign. b. One sign shall be flush against the wall. The maximum size shall be 12 square feet or three (3) percent of the wall area. C. A second sign, if used, shall be perpendicular or oblique to the wall. The maximum size shall be 2 square feet. d. Signs shall be one unit as opposed to individually mounted letters. e. Wall signs shall not have changeable copy f. If illuminated, signs may be externally lighted and directed downward. g. Wall signs shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. Page 25 of 43 h. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. H. Industrial Districts 1. Billboards. Within industrial districts (M-1 and M-2), freestanding signs shall not exceed one hundred -twenty (120) square feet and shall be located according to the following standards: a. Along, and oriented toward, State numbered primary routes or national highways only; b. At least five hundred (500) feet from all residential or AG -1 zoning districts; C. Minimum fifty (50) foot setback from right-of-way; d. Minimum of one thousand five hundred (15 00) feet from any other Billboards or freestanding sign, except standard informational signs; e. The lot on which the billboard is located shall have sufficient area to accommodate the Fall Zone, and except the sign, no parking areas, pedestrian areas, roadways, buildings, structures, or appurtenances shall be contained in the Fall Zone; f. Maximum of twelve (12) feet in height; and g. In compliance with applicable height standards for the district in which located. 2. Freestanding Signs. a. There shall be one freestanding sign per right-of-way frontage and it shall be located at the project entrance. b. Maximum height shall be six feet from finished grade. C. The maximum size shall be 32 square feet. d. Signs shall not have changeable copy. e. Sign may be externally lighted. The light shall be screened from view with evergreen planting as approved by the Community Development Director. Page 26 of 43 f. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. g. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. 3. Wall Signs. a. Businesses may have no more than two wall signs. Corner buildings may have an additional wall sign. b. One sign shall be flush against the wall. The maximum size shall be 12 square feet. C. A second sign, if used, shall be perpendicular or oblique to the wall. The maximum size shall be 2 square feet. d. Signs shall be one unit as opposed to individually mounted letters. e. Wall signs shall not have changeable copy f. If illuminated, signs may be externally lighted and directed downward. g. Wall signs shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. h. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. I. Mobile Home Park District 1. Freestanding Signs a. There shall be one freestanding sign per right-of-way frontage and it shall be located at the project entrance. b. Maximum height shall be six feet from finished grade. C. The maximum size shall be 32 square feet. d. Signs shall not have changeable copy. e. Sign may be externally lighted. The light shall be Page 27 of 43 14 screened from view with evergreen plantings as approved by the Community Development Director. f. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. g. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. h. Each residence may display up to twelve (12) square feet of signage with no single sign greater than four (4) square feet. 2. Wall Signs. a. Businesses may have no more than two wall signs. Corner buildings may have an additional wall sign. b. One sign shall be flush against the wall. The maximum size shall be 12 square feet. C. A second sign, if used, shall be perpendicular or oblique to the wall. The maximum size shall be 2 square feet. d. Signs shall be one unit as opposed to individually mounted letters. e. Wall signs shall not have changeable copy f. If illuminated, signs may be externally lighted and directed downward. g. Wall signs shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. h. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. Page 28 of 43 Section 26: Overlay Districts The following standards and requirement shall take precedence over city-wide standards and requirements with in the boundaries of the given overlay district. 26.1 STATE ROUTE 9 OVERLAY DISTRICT SIGNS. A. All free-standing signs shall be monuments with the width of the base equal to the width of the sign face. The structure/base should match the principal building materials. B. Multi -tenant developments are allowed one primary monument for the overall development which shall not exceed a maximum surface area of 48 square feet and a maximum height of 12 feet. C. Multi -tenant developments on corner lots are allowed an additional monument sign on the secondary street at the project entrance which shall not exceed a maximum surface area of 24 square feet and a maximum height of four (4) feet. D. Single tenant sites and outparcels are limited to one monument which shall not exceed a maximum surface area of 32 square feet and a maximum height of 6 feet. E. Gas Stations, convenience stores, discount warehouse and similar facilities that sell gasoline may have an additional 24 square feet of surface area and not to exceed 6 feet in height. F. Two or more businesses that share a single tenant space are limited to one monument signs which shall not exceed a maximum surface area of 32 square feet and a maximum height of 6 feet. G. Monuments signs shall be set back a minimum 10 feet from the public right-of-way and shall be a minimum of 35 feet from any other identification monument. H.. Each place of business is allowed a maximum of two wall signs. I.. Wall signs shall face public streets and/or pedestrian -parking areas. J. Wall signs shall not exceed 100 square feet or 5% of the applicable wall area, whichever is less. The length of the sign shall not exceed 10 times the height of the sign. K.. Permanent and/or temporary signs in windows shall not exceed 5% Fes, of the aggregate window area and shall not block visibility from outside the store. The allowable signage of 5% may be placed in one or more window panels. The Page 29 of 43 area of the doors and spandrell glass panels are excluded from the calculation of the applicable sign area. L. The following information may be permanently displayed in windows or glass doors and is exempt from the 5% limit: street address, required to be posted by local, state or federal governments. The lettering for this information shall be four inches tall or as required by Fire Safety Code. Also exempt are store hours and security information. M.. Window signs with neon, fluorescent, LED lighting or tube lights are prohibited. N.. Wall signs shall be flush against the wall, not cover architectural features or details, and not extend beyond the roof line or outer edges of the building. O. Awnings and canopy signs with names are considered signs and may be substituted for monument or wall signs. If substituted, they shall be included in the maximum size calculations. P. The architectural color standards of the district apply only to the sign structure not to the sign face. See Table 26- LP- 1. Table 26-1. P-1 Permitted Colors for Sign Structure The following numbers refer to the Pantone Matching System, an international color matching system White Reds 168 C, 181 C,483 C, 484 C, 675C, 1685C, 4975 C Browns, Beiges and Tans Red -Browns 462 C to 468 C; 4625 C to 4685 C, 469 C, 474C, 154 U, 1395 U 475 C;4695 C to 4755 C 1405 U 478 C, 719Cto724C 725 C to 731 C 476U to 482U 719U to 725U 726U to 732U Q. Prohibited Sign Types: Rotating, projecting, pylon, pole, portable, changeable copy signs, flashing, animated, sandwich, blinking, fluctuating, and electronic/manual reader boards, changeable copy signs and neon are prohibited. 2. Vehicles with lettering or graphics greater than two inches in height identifying or promoting a business or commercial Page 30 of 43 -- activity shall not be parked or stored within 100 feet of the curb of any public right-of-way. 14 This standard does not apply to vehicles used regularly for delivery, pick-ups, service calls, or transporting customers, except that such vehicles shall not be parked within 50 feet of the curb of any public right-of-way after hours if the vehicles are visible from the public right-of-way. 3. Posters, placards,flashing, animated, blinking, fluctuating, electronic/manual reader boards, and changeable copy signs are prohibited. R. Wall signs may be internally illuminated. S. Monument signs shall be externally illuminated. Page 31 of 43 No Text 26.2 CRABAPPLE CROSSING OVERLAY DISTRICT SIGNS A. Freestanding signs All signs must meet the following standards: a. Signs shall not have changeable copy including but not limited to scrolling, rotating, flashing, nor computerized changeable copy. Theatres, schools, churches, parks and gas stations may have changeable copy that is changed manually. b. If illumination is used, the sign shall be externally illuminated. The light shall be screened from view with evergreen plantings as approved by the Community Development Director. C. The sign structure shall be constructed of wood, brick or stone or a material which has the appearance of wood, brick, or stone as approved by the Community Development Director and to the extent possible shall be the same material as the predominant r material of the principal building d. The sign face and/or sign letters shall be made out of wood, a material which has the appearance of carved, distressed, or sandblasted wood or stone as approved by the Community Development Director. Plastic inserts are prohibited. The sign shall be supported either on one side or on both sides (aka Shingle sign) Page 33 of 43 Yum 2. Non -Residential Multi -Tenant Building and/or Development a. The maximum height shall be 8 feet from finished grade. b. The maximum size of the sign area shall be 32 square feet. C. There shall be one sign per right-of-way frontage and it shall be located at the project entrance. 3. Non -Residential Single Tenant Building a. Maximum height shall be 6 feet from finished grade. b. The maximum size of the sign area shall be 20 square feet. C. There shall be one sign per right-of-way frontage and it shall be located at the project entrance. Page 34 of 43 IR 4. Residential Uses a. Maximum height shall be six feet from finished grade. b. Each residential development may have a maximum of two (2) twelve (12) square foot signs not to exceed 24 square feet or one (1) sixteen (16) square foot sign per entrance. B. Wall Signs 1. Wall signs shall not have changeable copy. 2. If illuminated, wall signs shall be externally illuminated and directed downward. 3. Wall sign shall not cover architectural features or details and not extend beyond the roof line. Wall signs can hang from the building. 4. Wall sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. 5. A businesses may have one wall sign. The sign can be flush against the wall or it can hang from the building. The size shall be 3% of the applicable wall area. Corner buildings may have an additional wall sign. 6. A business may have an additional sign perpendicular to the wall with a maximum sign area size of 2 square feet. Page 35 of 43 C. Sign Structure Colors 1. Refer to Table 26.2. C-1. for Sign Structure Colors for the Crabapple Crossroads. Table 26.2.0-1 Permitted Colors for Sign Structure The following numbers refer to the Pantone Matching System, an international color matching system 1807C 4975 2C -7C 553 289C 5363 316C 539 401-405C 548 407-412C 5467 423C 5743U 424-425C 5747U 448-450C 5757U 4485U 5773U 4495C 5815U 451C 5835 4505C 625U 4515-4525C 627U 455C Warm Grey 5-7C 462U Warm Grey 8-11 464U 476U 478U 484C 491C D. Prohibited Sign Types: Lollypop signs, monument signs, temporary window signs, signs placed in the interior of a window with the intent of being viewed by those outside of the building. Rotating, projecting, pylon, poles, portable, flashing, animated, sandwich, blinking, functionality, and electronic needs, boards, chargeable copy signs and neon are prohibited. Page 36 of 43 E. Window Signs -�JCI(y+of Won £metas covwy' crmar a a�a F-1 oome m Any sign within 5 feet of a window is considered a window sign, for the purposes of application of this section of the Ordinance. CRABAPPLE CROSSROADS OVERLAY DISTRICT MAP Page 37 of 43 26.3 BIRMINGHAM CROSSING OVERLAY DISTRICT SIGNS. A. Free standing signs 1. All signs must meet the following standards: Signs shall not have changeable copy including scrolling, rotating, flashing, or computerized changeable copy. a. If illumination is used, the sign shall be externally illuminated. The light shall be directed downwards. b. The sign structure shall be constructed of wood, brick or stone and to the extent possible shall be the same material as the predominant material of the principal building. C. The sign face shall be made out of wood, a material which has the appearance of carved, distressed, or sandblasted wood or stone as approved by the Community Development Director. Plastic inserts are prohibited. d. The sign shall be supported either on one side or on both sides (aka Shingle sign) 2. Non -Residential Multi -Tenant Building and/or Development (Amended 11/03/04) a. The maximum height shall be 8 feet from finished grade. b. The maximum size of the sign area shall be 32 square feet. C. There shall be one sign per right-of-way frontage. Page 38 of 43 -w 3. Non -Residential single Tenant Building a. Maximum height shall be 6 feet from finished grade. b. The maximum size of the sign area shall be 20 square feet. C. There shall be one sign per right-of-way frontage. 4. Residential Uses a. Maximum height shall be six feet from finished grade. b. The maximum size shall be 16 square feet. C. Each residential development may have a maximum of one sign per entrance. B. Wall Signs 1. Wall signs shall not have changeable copy. ., 2. Wall signs shall be externally illuminated and directed downward. 3. Wall sign shall not cover architectural features or details and not extend beyond the roof line. 4. Wall sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. 5. A business may have one wall sign. The sign can be flush against the wall or it can hang from the building. The size shall be 3% of the applicable wall area. Corner buildings may have an additional wall sign. 6. A business may have an additional sign perpendicular to the wall with a maximum sign area size of 2 square feet. Page 39 of 43 7. A portion of the wall sign can be placed on an overhang or a canopy. 8. Any sign within 5 feet of a window is considered a window sign, for the purposes of application within this section of this Ordinance. C. Refer to Table 26.3-C for sign structure color in the Birmingham Crossroads Overlay. Page 40 of 43 Table 26.3-C Permitted Colors for Sign Structure The following numbers refer to the Pantone Matching System, an international color matching system 1807C 4975 2C -7C 553 289C 5363 316C 539 401-405C 548 407-412C 5467 412C 5743U 415-419C 5747U 423C 5757U 424-425C 5773U 448-450C 5815U 4485U 5835U 4495C 625U 451C 627U 4505C Warm Grey 5-7C 4515-4525C Warm Grey 8-11 455C 462U 464U 476U 478U 484C 491C D. Prohibited Sign Types: 1. Lollypop signs, temporary window signs, signs placed within 5 feet of an exterior window with the intent of being viewed by those outside of the building, internal illumination of plastic faced signs, electronic or flashing reader signs, exposed neon, changeable copy, ground "monument" signs. Rotating, projecting, pylon, poles, portable flashing, animated, sandwich, blinking, functionality, and electronic needs, boards, chargeable copy signs and neon are prohibited. Page 41 of 43 BIRMINGHAM CROSSROADS OVERLAY DISTRICT MAP Page 42 of 43 14 Section 27: Severability. Should any article, section, clause, or provision of this Article be declared by a court of competent jurisdiction to be invalid, such action shall not affect the validity of the ordinance as a whole or any part hereof other than the part so declared to be invalid, it being the intent of the City Council of the City that each article, section, clause, and provision hereof be severable. Page 43 of 43 ADOPTED BY THE MILTON CITY COUNCIL DECEMBER 21, 2006 AMENDED APRIL 19, 2007 ARTICLE XII -G State Route 9 Overlay District 12G.1. PURPOSE AND INTENT. The Mayor and City Council of the City of Milton, Georgia hereby declares it to be the purpose and intent of this Ordinance to establish a uniform procedure for providing for the protection, enhancement, preservation, unity of design, and use of places, sites, buildings, structures, streets, neighborhoods, and landscape features in the State Route 9 Overlay District in accordance with the provisions herein. This Ordinance is adopted as part of a strategy designed to promote the health, safety, order, prosperity, and general welfare of the citizens of Milton through the regulation of design, aesthetics, location, bulk, size of buildings and structures, and the density and distribution of population. This Ordinance also seeks to reduce congestion on the streets; to provide safety from fire, flood and other dangers; provide adequate light and open space; protect the natural environment and address other public requirements, in order to provide sustainable development that involves the simultaneous pursuit of economic prosperity, environmental protection and social quality. This Ordinance also seeks, among other things, to promote accepted design principles in areas of new development and redevelopment, to raise the level of community understanding and expectation for quality in the built environment, to protect and enhance local aesthetic and functional qualities, and to stimulate business and promote economic development. In consideration of the character of the State Route 9 District, these regulations are to monitor the suitability for certain uses, construction and design, prevent functional and visual disunity, promote desirable conditions for community and commerce and protect property against blight and depreciation. 12G.2. STATE ROUTE 9 OVERLAY DISTRICT REGULATIONS, The State Route 9 Overlay District applies to all properties zoned or developed for nonresidential and residential uses (except single family detached dwelling units) within the area delineated on the attached map: State Route 9 Zoning Overlay District, September 4, 2003. The State Route 9 Overlay District also applies to those properties annexed into the City of Milton within the area delineated on the attached map. Within the State Route 9 Overlay District, land and structures shall be used in accordance with the standards of the underlying district. Whenever provisions of this Article conflict with any other Article in the Zoning Ordinance of the City of Milton or any other City ordinances, regulations, or Ordinances, the standards set forth in this Article XII -G shall prevail. Page 1 of 12 12G.3. DESIGN REVIEW BOARD The City of Milton Design Review Board (Article XII -H) as set forth in Section 12.1-1.2 of the Ordinance, shall review all plans for development (except for single family detached dwelling units) in the State Route 9 Overlay District for compliance with the standards herein and shall make recommendations to the Community Development Department prior to the approval of a Land Disturbance Permit, Building Permit, Demolition Permit or Primary Variance. 12G.4. DEVELOPMENT STANDARDS. 12G.4. A. Landscaping A minimum 20 -foot wide landscape strip along the following roads when Article 4 of the Zoning Ordinance specifies a smaller landscape strip: State Route 9, Windward Parkway, Deerfield Parkway, Cogburn Road, Webb Road, Morris Road, and Bethany Bend Road 2. A minimum 10 -foot wide landscape strip along any interior property line adjacent to a nonresidential zoning and/or use. 3. For each thirty (30) linear feet of 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. 12G.4. B. Screening and Fencing If visible from a public right-of-way or adjacent residential use, rear or side parking and loading areas shall be screened from view by one of the following methods: placement behind the building, 100% opaque fencing, a berm, or vegetative screen planted to buffer standards. Side parking on a corner lot facing a side street does not need to be screened. 2. Where a parking lot, parking structure or gas fueling bay fronts directly on a public street, a continuous screen of evergreen plantings shall be provided. Said screen shall be 3 feet in height at planting and 4 feet minimum height at maturity and 3 feet to 8 feet in width at maturity. 3. Retaining walls shall be faced with or constructed of stone, brick, or decorative concrete modular block only. If any retaining wall equals or exceeds three feet in height, a continuous evergreen planting shall be required adjacent to it. 4. Refuse areas and receptacles shall be placed in the least visible location from public streets and shall be enclosed on 3 sides with Page 2 of 12 opaque walls. The 4th side shall be a self-closing gate made from non-combustible materials. Opaque walls shall be a minimum of 12 inches higher than the receptacle. Wall materials shall be noncombustible brick or stone. Refuse receptacles shall not be placed within 50 feet of an existing residential or AG -1 (Agricultural) property line. 5. Accessory site features located on the ground shall be screened from view from any public right-of-way or any residential use by one or a combination of the following: placement behind the building, 100% opaque fencing, a berm, or vegetative screen planted to buffer standards. Where walls or fences are used in lieu of planted screens, landscape materials shall be incorporated into the screening scheme. 6. Accessory site features are prohibited in the front yard or in any yard adjacent to a street. 7. Accessory site features on a roof shall be screened from the view of public and private streets by a parapet or other architectural feature or as approved by the Community Development Director. No parapet shall be required to be greater than 4 feet above roof. 8. Flat roofs shall be screened from the view of public and private . streets by a parapet. No parapet shall be required to be greater than 4 feet above roof. 9. Along public streets, fencing materials shall be natural or manmade stone, brick, aluminum, ornamental or decorative wrought iron, architectural concrete, or wood. Unpainted pressure treated wood is prohibited. 10. Fences adjacent to a public street shall not exceed 55 inches in height measured from finished grade. 11. Chain link fencing may be used along golf courses, play fields, and other recreational areas. All chain link fencing shall be black or hunter green vinyl coated. Exception: Chain link fencing shall not be allowed if fencing can be seen during any month of the year from the following streets: Windward Parkway, Deerfield Parkway, Cogburn Road, State Route 9, Webb Road, Morris Road, and Bethany Bend Road. 12. When required, fencing material around detention/retention facilities shall be black or hunter green vinyl coated chain link fence or as approved by the Director. 4%ko*l 13. Painted chain link fences are prohibited. Page 3 of 12 12G.4. C. Pedestrian Paths 1. Sidewalks are required along all public and private road frontages and shall be a minimum of 6 feet wide. 2. Sidewalks, multi -use paths and other pedestrian paths shall be illustrated on the site plan submitted at the time of application for a Land Disturbance Permit 3. Sidewalks shall be allowed to meander as topography permits subject to the approval of the Manager of Environment and Community Development. 4. Multi -use paths for bicycles and pedestrians may be substituted for the required sidewalks as approved by the Director of Community Development and the Manager of Community Services when the path is part of the Milton Bicycle and Pedestrian Plan. 5. Multi -use paths designed for use by bicyclists and pedestrians shall be 12 feet wide. 6. Multi -use paths designed with separate paths for bicyclists and pedestrians shall be 15 feet wide, 10 feet for bicycles and 5 feet for pedestrians. 7. Sidewalk connector paths shall be constructed across the entire length of all concrete aprons and shall be textured to match the appearance of sidewalk materials, in color, texture and design. Sidewalk connector paths shall comply with all applicable standards of the Americans with Disabilities Act (ADA). 8. Internal walkways (paths) are required from the public sidewalk to the main entrance of the principle use of the property and shall meet applicable Americans with Disabilities Act (ADA) standards. 9. If provided, street furniture shall be located outside the specified width of any pedestrian path. 10. Paths shall be designed to minimize direct auto -pedestrian interaction. 11. Intra -parcel walkways crossing parking lots shall be distinguished from parking lots by the use of colors, texture (use of different materials), difference in rise above the parking lot or a combination of these methods, to minimize auto -pedestrian conflict. 12. Sidewalks shall be connected to applicable signalized crosswalks Page 4 of 12 and with bus stops. 13. Paths shall be direct and convenient routes between points of origin (such as a bus stop) and destination (such as a shop, bank, etc). 14. The lighting plan for pedestrian paths shall be included on the site plan submitted at the time of application for a Land Disturbance Permit. Pedestrian lighting shall also be shown on the landscaping plan so that future mature growth vegetation does not conflict with proposed lighting. 15. Pedestrian connectivity between residential and nonresidential developments is required. 12G.4. D. Lighting 1. A lighting plan for open parking lots and pedestrian paths shall be submitted for approval prior to the issuance of a Land Disturbance Permit. 2. Any lighting fixture shall be a cutoff luminary whose source is completely concealed with an opaque housing. Fixtures shall be recessed in the opaque housing. Drop dish refractors are prohibited. The wattage shall not exceed 420 watts/480 V per light fixture. This provision includes lights on mounted poles as well as architectural display and decorative lighting visible from a street or highway. Wall pack lighting shall be cut-off down directional a maximum of 250 watts. Canopy lighting shall be cut-off down directional a maximum of 250 watts. Canopy lighting shall be cut-off luminaries with a maximum lamp wattage of 400 watts. 3. Light sources (lamps) shall be incandescent, fluorescent, metal halide, mercury vapor, natural gas, or color corrected high pressure sodium (CRI of 60 or better). The same type must be used for the same or similar type of lighting on any one site. 4. Mounting fixtures must be modified in such a manner that the cone of the light is not directed at any property line. The minimum mounting height for a pole is 12 feet. The maximum mounting for a pole is 28 feet. Any fixture and pole located within 20 feet of a residential zoning shall be a type four or forward throw distribution. 5. All site lighting shall be designed so that the illumination as measured in foot-candles at any one point meets the following standards: Minimum and maximum levels are measured at any '"w` one point. Average level is not to exceed the calculated value and is derived using only the area of the site included to receive illumination. Points of measure shall not include the area of the Page 5 of 12 building or areas which do not lend themselves to pedestrian traffic. Also, if the major portion of the lighting design is to be in the front of a building, the average level should not be affected by adding a light or two in the back of the same building, which would raise the average of the intended area for lighting. 6. Future renovations, upgrades, or additions to existing facilities prior to the effective date of this ordinance shall not exceed existing illumination levels below. The entire site must be bought into conformance with this article should a renovation, upgrade, or addition occur that would require a land disturbance permit. Location or Type of Minimum Average Maximum Lighting Level Level Level Area for display of 1.0 5.0 15.0 Outdoor Merchandise Commercial, Office, and 0.6 2.40 10.0 Public/Semi-Public Parking Areas Multi -Family Residential 0.2 1.50 10.0 Parking Areas Walkways and Streets 0.2 2.00 10.0 Landscape and Decorative 0.0 0.50 5.0 7. Historic period lighting shall be used. Lights shall be architecturally decorative with a historic style (includes shepherds crook, pole top, and bollard). The same type of design must be used along pedestrian pathways and/or common areas. 9. Shoe box, cobra lighting fixtures, and neon lighting are prohibited. 12G.4. E. Building Materials and Architectural Treatments Developments shall include architecture elements such as columns, arcades, covered entry -walkways, arches, facade offsets, windows, balconies, offset walls, clock towers, cupolas and/or courtyards. 2. The principle entry area of a building shall be articulated and Page 6 of 12 express greater architectural detail than other portions of the building. 3. To the extent any rear or side of any building is visible from any public street or single family residence, architectural treatment shall continue through the rear or side. 4. All buildings shall be oriented to face a street or courtyard 5. Any nonresidential building fagade shall have a minimum of 25% fenestration or as may be approved by the Director of Community Development. 6. Front yard fences shall be non-opaque. Opaque fences are permitted in side and rear yards. 7. Building plans for townhouse and duplex developments shall exhibit differentiated architectural features such as porches, balconies, bay windows, stoops, which are consistent with one overall architectural theme. 8. Alleys shall only be allowed if the alley is located between two rows of townhouses or duplex developments. If constructed, alleys shall exhibit a continuous network with other streets and or alleys at the rear of each building lot. 9. Exterior buildings shall demonstrate a variety of appearances which are all compatible with one selected architectural theme. 10. Buildings shall not end abruptly at a corner. Corner buildings shall demonstrate focal points which anchor the corner. Corner buildings should have functional extensions around any corner. 11. The scale of buildings with ground floor areas greater than 10,000 square feet is subject to the approval of the Director of Community Development prior to the issuance of a Building Permit. 12. The massing of buildings with ground floor areas greater than 10,000 square feet is subject to the approval of the Director of Community Development prior to the issuance of a Building Permit. Page 7 of 12 Example of Corner Building 13. Building entrances and front exteriors shall be articulated and designed to create additional visual interest by varying architectural details, building materials, and by varying the roof line and building offsets. 14. Accent building materials are limited to brick, tile, non -reflective glass, natural or man-made stone with weathered, polished or fluted face, textured traditional cement stucco, architectural concrete masonry with fluted, split -face, or broken -face finish, Portland cement plaster and lath systems, architectural (either precast or tilt -up) concrete (fluted or with exposed aggregate finish), or Hardi-plank. 15. Exposed concrete masonry unit (CMU) block, corrugated steel, aluminum siding, vinyl siding, prefabricated metal, exposed plywood, and exposed pressboard are prohibited as exterior finishes. 16. Exterior finishes for accessory structures shall be consistent with the principle structure. 17. Permitted colors for exterior walls, building components, sign structures, accent and decorative elements shall be as specified by Table 12G-1 or as approved by the Director of Community Development. Page 8 of 12 y Table 12G-1 Permitted Colors for Exterior Walls, Building Components, Sign Structure, Accent and Decorative Elements The following numbers refer to the Pantone Matching System, an international color matching system Exterior Building Walls, Building Accent and Decorative Elements Components, Sign Structure, Accent and Only Decorative Elements Reds White Black 429 U to 433 U White Browns, Beiges and Tans Greens 462 C to 468 C 553 C to 554 C 4625 C to 4685 C 560 C to 561 C 469 C, 474C, 475 C 614 C to 616 C 4695 C to 4755 C 3302 C to 3305 C 478 C, 3295 C 719 C to 724 C 342C, 343 C 725 C to 731 C 3435 C 476U to 482U 356 C, 357 C 719U to 725U 5467 C to 5527 C 726U to 732U 3305U, 3308U, 335U Green -Grey 336U, 341U-343 U 18. Permitted sloped roof materials are asphalt shingles, composition shingles, wood shingle, tin, standing seam metal, and wood shake. Sloped roofs are encouraged wherever feasible. Page 9 of 12 3415 U to 3435 U 349 U 356Uto357U 5535U to 5595U 553U to 559U Reds Grey 168 C, 181 C 429 U to 433 U 483 C, 484 C 443 U to 447 U 675C, 1685C, 4975 C Warm Grey 6U -11U Cool Grey 6U -11U 5467U to 5527U Red -Browns Grey -Blue 154 U, 1395 U 5395U to 5455U 1405 U 621U to 627U 642U to 644U 647U to 650U 654U to 656U 662U Green -Grey 5605U to 5665U 18. Permitted sloped roof materials are asphalt shingles, composition shingles, wood shingle, tin, standing seam metal, and wood shake. Sloped roofs are encouraged wherever feasible. Page 9 of 12 19. Roof colors shall be black, gray, dark gray, brown, red or green. Reflective and metallic colors are prohibited unless described above. 20. Building components such as burglar bars, steel gates, metal awnings and steel roll -down curtains are prohibited if visible from a public street. 21. Neon lights outlining and/or detailing building features are prohibited. 12G.4. F. Parking 1. On -street surface parking spaces located adjacent to the front property line shall be counted toward the minimum number of parking spaces required for that lot. 2. Access lanes and additional curb cuts (other than the primary access drive) shall be located to the side or rear of the property. The maximum width of the access lane and/or driveway is 18 feet. 3. Decks shall be constructed to conceal vehicles. 4. Decks shall include architectural detailing and finish compatible with surrounding buildings. 5. At least one bicycle parking area shall be provided for each nonresidential development. 6. Loading areas shall be located in the rear or side yards. 12G.4. G. Miscellaneous Provisions 1. Telecommunications switchboards, power generators, and other telecommunication relay equipment rooms or floors housing such uses are limited to the following areas of a building: (a) subterranean levels, (b) first and second floors which are set back a minimum of 50 feet from the street, or (c) third and fourth floors. 2. Stealth design is required for all cell towers. 3. Height of cell towers shall not exceed 199 feet. 4. The wireless communications facility shall be disassembled and removed from the site within ninety (90) days of the date its use for wireless telecommunications is discontinued. 5. Neither parking lots nor areas immediately adjacent to a building shall be used for storage or sale of goods. Page 10 of 12 6. Storage of shopping carts is allowed without a permit. r 7. Displaying or sale of goods outside the interior permanent and sheltered portions of a building is prohibited. Exceptions: seasonal holiday trees, pumpkins, and open air fairs provided an administrative permit is obtained, pursuant to Article 19. Vending machines, paper stands, and other similar devices must be located interior to the building structure. 12G.6. 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. 12G.7. APPEALS. Any persons aggrieved by a final decision of the Department of Community Development relating to this article may appeal 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 the Milton Zoning Ordinance. Such appeal shall be filed within 30 days after the final decision of the department is rendered. 12G.8. ADOPTION AND EFFECTIVE DATE. NOW, THEREFORE BE IT RESOLVED, the Mayor and City Council does hereby ordain, resolve and enact the foregoing Article XIIG to the Zoning Ordinance of City of Milton, Georgia. Page 11 of 12 No Text