HomeMy WebLinkAboutPacket-02-01-2007
CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman - District 1
Julie Zahner Bailey - District 2
Bill Lusk - District 3
Neal O’Brien - District 4
Tina D’Aversa-Williams - District 5
Rick Mohrig - District 6
Thursday, February 1, 2007 Regular Council Meeting Agenda 7:00 PM
1) CALL TO ORDER
2) ROLL CALL
3) PLEDGE OF ALLEGIANCE (Led by the Mayor)
(Agenda Item No. 07-157)
4) APPROVAL OF MEETING AGENDA (add or remove items from agenda)
5) PUBLIC COMMENT
6) REPORTS AND PRESENTATIONS
1) Administration of Oath of Office: (Administered by the Mayor)
a) Enforcement Officers:
Greg Wilson, Tom Wilson, Mike Tuller, Jimmy Sanders, Mark Law, Mark Aral,
Roddy Motes, Abbie Jones
(Agenda Item No. 07-158)
7) CONSENT AGENDA
1. Approval of the December 21, 2006 Regular Meeting Minutes.
8) ZONING AGENDA (none at this time)
9) FIRST PRESENTATION
(Agenda Item No. 07-159)
1. Approval of an Ordinance to Adopt the Georgia Department of Transportation
Construction Specifications, Online Edition, as amended.
(Presented by Greg Wilson, Community Services Manager)
Page 1 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Building 100
Milton, GA 30004
MILTON CITY COUNCIL REGULAR MEETING AGENDA FEBRUARY 1, 2007 - 7:00 PM
Page 2 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Building 100
Milton, GA 30004
(Agenda Item No. 07-160)
2. Approval of an Ordinance to Amend Chapter 16, Streets and Sidewalks, of the Code of
Ordinances for the City of Milton.
(Presented by Greg Wilson, Community Services Manager)
(Agenda Item No. 07-161)
3. Approval of an Ordinance to Amend Chapter 9, Building Code, of the Code of
Ordinances for the City of Milton.
(Presented by Tom Wilson, Community Development Director)
(Agenda Item No. 07-162)
4. Approval of an Ordinance to Amend Article 12H.2 of the City of Milton Zoning
Ordinance regarding the City of Milton Northwest Fulton Overlay District Design
Review Board.
(Presented by Tom Wilson, Community Development Director)
(Agenda Item No. 07-163)
5. Approval of an Ordinance Establishing the City of Milton Planning Commission.
(Presented by Tom Wilson, Community Development Director)
(Agenda Item No. 07-164)
6. Approval of an Ordinance Establishing the City of Milton Northwest Fulton Overlay
District Design Review Board.
(Presented by Tom Wilson, Community Development Director)
(Agenda Item No. 07-165)
7. Approval of an Ordinance Establishing the City of Milton Board of Zoning Appeals.
(Presented by Tom Wilson, Community Development Director)
(Agenda Item No. 07-166)
8. Approval of an Ordinance Establishing the City of Milton Construction Board of
Adjustment and Appeals.
(Presented by Tom Wilson, Community Development Director)
(Agenda Item No. 07-167)
9. Approval of an Ordinance Establishing the City of Milton Alcohol Beverage License
Review Board.
(Presented by Carol Wolfe, City Treasurer)
(Agenda Item No. 07-168)
10. Approval of an Ordinance Amending Chapter 2, Administration, Meeting Times, of the
City of Milton Code of Ordinances.
(Presented by Jeanette Marchiafava, City Clerk)
(Agenda Item No. 07-169)
11. An Ordinance Amending Article 19.4.1, 19.4.2 and Article 33, Section 25 (G) the City of
Milton Zoning Ordinance regarding permitting adult entertainment establishments and
billboards.
(Presented by Mark Scott, City Attorney)
MILTON CITY COUNCIL REGULAR MEETING AGENDA FEBRUARY 1, 2007 - 7:00 PM
Page 3 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Building 100
Milton, GA 30004
10) UNFINISHED BUSINESS
(Agenda Item No. 07-155)
1. Approval of an Ordinance Regulating Sexually-Oriented Businesses and Related
Ordinances. (Second Reading)
(Presented by Mark Scott, City Attorney)
(Invitation for Public Comment)
11) NEW BUSINESS
(Agenda Item No. 07-170)
1. Approval of a Resolution and Resolution for Supplemental Leases for a Master Lease
Agreement and Supplemental Lease Agreement with Georgia Municipal Association for
Facilitation of Public Safety Equipment Purchases.
(Presented by Carol Wolfe, City Treasurer)
(Agenda Item No. 07-171)
2. Approval of a Resolution to set Qualifying Fees for the 2007 Municipal Elections.
(Presented by Jeanette Marchiafava, City Clerk)
(Agenda Item No. 07-172)
3. Consideration of Rescheduling the following meetings:
1) April 5, 2007 (reschedule to April 12)
2) April 12, 2007 Work Session (reschedule to April 26)
3) July 5, 2007 (Cancelled)
(Presented by Jeanette Marchiafava, City Clerk)
12) MAYOR AND COUNCIL REPORTS
13) STAFF REPORTS
1) Update on Local Government Meetings – Bill Doughty
(Agenda Item No. 07-173)
14) ADJOURNMENT
THE UNAPPROVED DRAFT OF THE MINUTES WILL BE
DISTRIBUTED ELECTRONICALLY
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: January 22, 2007
FROM: City Manager
AGENDA ITEM: An Ordinance to Adopt the Georgia Department of Transportation
Construction Specifications, Online Edition, As Amended
MEETING DATE: Thursday, February 1, 2007 Regular Meeting
BACKGROUND INFORMA TION: (Attach additional pages If necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED () NO T APPRO VED
CITY ATTORNEY APPROVAL REQUIRED: () YES (f NO
PLACED ON AGENDA FOR: '' 200-7
REMARKS:
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
To: Aaron Bovos, City Manager
From: Abbie Jones, PE, Traffic Engineer/Planner
Greg Wilson, Community Services Director
Date: January 10, 2007 for submission onto the February 1, 2007 City Council meeting
and the February 15, 2007 City Council Meeting.
Agenda Item: Adoption of online Construction Specifications
Traffic Engineer Recommendation:
The Staff recommends adopting the online document, The GDOT Source:
http://tomcat2.dot.state.ga.us/thesource/specs/index.html . The English system of
measurement shall be used.
Background:
When construction projects include work that will be accepted and owned by the City of
Milton, it is strongly desired that the construction materials and methods meet minimum
requirements. These minimum requirements must also have an enforcement element in order to
put the rules into practice.
Example scenario: The City of Alpharetta accepted and thus became owners of particular public rights-of-
way. Within three years, the roads were in horrible condition. The normal age of a road having this sort of
damage would be roughly twenty years. This disrupted the pavement resurfacing program substantially
as newer roads are expected to need less maintenance.
Discussion:
Construction Specifications
In order to keep the City of Milton’s rules similar to existing rules, and to ensure that updates
occur as laws change and time passes, it is desired to accept the GDOT Specifications, current
edition. Note that this document’s most current version is the website (paper copies of the
bound document date back to 2001).
The main purpose of this adoption is to ensure protection for City funds and safety for
roadways and stormwater structures. This is exactly what the GDOT document provides:
roadway and stormwater structure construction specifications.
It is understood that private developers, especially for vertical construction, usually have
project specific specifications written by licensed architects and engineers. This
recommendation does not affect these, except for items that will be dedicated to the City. Those
items are again generally roadways and particular stormwater structures.
Page 1 of 3
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Examples of items covered: Subbase, Base Material, Asphalt, Concrete, Striping, Culverts, Storm Pipe,
Storm Structures
Enforcement
Approval of specifications does not in itself solve the problem of poor construction materials
and methods affecting the City as the owner of such property. General engineering standards
require various testing for various types of projects. The staff will include guidelines within the
development documents and checklists, which are maintained by staff, as to how many of what
types of tests are necessary for various construction projects.
The City would collect fees for testing required on each project and would require payment
prior to final LDP approval. The testing firm would be paid by the City and would send results
to the City, enabling a third-party system where the client is the City. This protects the City’s
future interests.
Example situation: Developer ABC’s approved project includes a road that will be dedicated to the City
and a creek that drains the site. ABC is informed of the on-demand testing firms with standard rates
established for the City and what testing is required. The testing firm sends results directly to the City. If
these results are acceptable and the rest of the asbuilt and dedication process is completed, then the City
would accept ownership and future maintenance of these items.
Alternatives:
Some municipalities do maintain their own Construction Specifications. This has additional
responsibilities for the City to update their codes when laws change. Such updates rarely occur
in a timely manner in most existing cities.
Example of this maintenance necessary due to law changes is that of the introduction of the Americans
with Disabilities Act (ADA) of 1990. Title III of the ADA authorizes the Department of Justice to certify
that State laws, local building codes, or similar ordinances meet or exceed the ADA Standards for
Accessible Design for new construction and alterations. This was an important measure in getting local
municipalities to follow new laws. The ADA Standards for Accessible Design are still not fully
incorporated into local regulations. The City of Alpharetta sidewalk and ramp detail are not ADA
acceptable and that City has been using the updated GDOT details A1-4 because that is easier than
updating their local items.
Allow private companies to use a testing firm of their selection. This eliminates the true third
party point of view in testing. If a testing firm is doing work for Company ABC is being paid by
ABC, conflicts of interest may arise. Also, the City would then not have any involvement in the
selection of the testing firm which will test to protect the City’s assets. Staff is most comfortable
with having involvement in the selection process for qualified professional testing services.
Allow direct payment by contractor to testing service. This would not complete the circle of
keeping testing as a third-party who is the City’s client.
Page 2 of 3
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Concurrent Review:
Tom Wilson, Community Development
Page 3 of 3
ORDINANCE# _____
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO ADOPT THE GEORGIA DEPARTMENT OF TRANSPORTATION
CONSTRUCTION SPECIFICATIONS, ONLINE EDITION, AS AMENDED
BE IT ORDAINED by the City Council of the City of Milton, GA while regular session on February
____, 2007 at ______p.m. as follows:
SECTION 1. That the Ordinance to adopt the Georgia Department of Transportation
Construction Specifications is hereby adopted and approved; and is attached hereto as if fully
set forth herein at http://tomcat2.dot.state.ga.us/thesource/specs/index.html; and,
SECTION 2. This Ordinance is effective_________;
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the ______ day of February, 2007
__________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette Marchiafava, City Clerk
(Seal)
City of Milton
115 Perimeter Center Plaoe NE Suite 785 Atlanta, Georgia 30346
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: January 22, 2007
FROM: City Manager
AGENDA ITEM: An Ordi ance Amending Chapter 16, Streets and Sidewalks of the
Code of Ordinances for the City of Milton
MEETING DATE: Thursday, February 1, 2007 Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: I APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES
PLACED ON AGENDA FOR: r6 -4 - Ark -t 1{ 2zv7
REMARKS:
() NOT APPROVED
f NO
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
To: Aaron Bovos, City Manager
From: Abbie Jones, PE, Traffic Engineer/Planner
Greg Wilson, Community Services Director
Date: January 10, 2007 for submission onto the February 1, 2007 City Council meeting
and the February 15, 2007 City Council Meeting.
Agenda Item: An ordinance addition for Construction Specifications
Traffic Engineer Recommendation:
The Staff recommends amending, Chapter 16, Article 1: Repairs and Maintenance,
Section 6: Creation of Roads to include the following:
The City Engineer or his designate shall approve the design for any new roads within the City
of Milton.
a) The standard construction specifications shall be the online document, The GDOT Source:
http://tomcat2.dot.state.ga.us/thesource/specs/index.html . The English system of
measurement shall be used.
b) Enforcement shall be by engineering testing on portions of all portions of private projects
within the City right-of-way or areas shown on approved construction plans as “to be
dedicated” or “future right-of-way.” All portions of City projects will use required testing.
Background:
When construction projects include work that will be accepted and owned by the City of
Milton, it is strongly desired that the construction materials and methods meet minimum
requirements. These minimum requirements must also have an enforcement element in order to
put the rules into practice.
Example scenario: The City of Alpharetta accepted and thus became owners of particular public rights-of-
way. Within three years, the roads were in horrible condition. The normal age of a road having this sort of
damage would be roughly twenty years. This disrupted the pavement resurfacing program substantially
as newer roads are expected to need less maintenance.
Discussion:
Construction Specifications
In order to keep the City of Milton’s rules similar to existing rules, and to ensure that updates
occur as laws change and time passes, it is desired to accept the GDOT Specifications, current
edition. Note that this document’s most current version is the website (paper copies of the
bound document date back to 2001).
Page 1 of 3
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
The main purpose of this adoption is to ensure protection for City funds and safety for
roadways and stormwater structures. This is exactly what the GDOT document provides:
roadway and stormwater structure construction specifications.
It is understood that private developers, especially for vertical construction, usually have
project specific specifications written by licensed architects and engineers. This
recommendation does not affect these, except for items that will be dedicated to the City. Those
items are again generally roadways and particular stormwater structures.
Examples of items covered: Subbase, Base Material, Asphalt, Concrete, Striping, Culverts, Storm Pipe,
Storm Structures
Enforcement
Approval of specifications does not in itself solve the problem of poor construction materials
and methods affecting the City as the owner of such property. General engineering standards
require various testing for various types of projects. The staff will include guidelines within the
development documents and checklists, which are maintained by staff, as to how many of what
types of tests are necessary for various construction projects.
The City would collect fees for testing required on each project and would require payment
prior to final LDP approval. The testing firm would be paid by the City and would send results
to the City, enabling a third-party system where the client is the City. This protects the City’s
future interests.
Example situation: Developer ABC’s approved project includes a road that will be dedicated to the City
and a creek that drains the site. ABC is informed of the on-demand testing firms with standard rates
established for the City and what testing is required. The testing firm sends results directly to the City. If
these results are acceptable and the rest of the asbuilt and dedication process is completed, then the City
would accept ownership and future maintenance of these items.
Alternatives:
Some municipalities do maintain their own Construction Specifications. This has additional
responsibilities for the City to update their codes when laws change. Such updates rarely occur
in a timely manner in most existing cities.
Example of this maintenance necessary due to law changes is that of the introduction of the Americans
with Disabilities Act (ADA) of 1990. Title III of the ADA authorizes the Department of Justice to certify
that State laws, local building codes, or similar ordinances meet or exceed the ADA Standards for
Accessible Design for new construction and alterations. This was an important measure in getting local
municipalities to follow new laws. The ADA Standards for Accessible Design are still not fully
incorporated into local regulations. The City of Alpharetta sidewalk and ramp detail are not ADA
Page 2 of 3
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
acceptable and that City has been using the updated GDOT details A1-4 because that is easier than
updating their local items.
Allow private companies to use a testing firm of their selection. This eliminates the true third
party point of view in testing. If a testing firm is doing work for Company ABC is being paid by
ABC, conflicts of interest may arise. Also, the City would then not have any involvement in the
selection of the testing firm which will test to protect the City’s assets. Staff is most comfortable
with having involvement in the selection process for qualified professional testing services.
Allow direct payment by contractor to testing service. This would not complete the circle of
keeping testing as a third-party who is the City’s client.
Concurrent Review:
Tom Wilson, Community Development
Page 3 of 3
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE# _____
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO AMEND CHAPTER 16 STREETS AND SIDEWALKS OF THE CODE
OF ORDINANCES FOR THE CITY OF MILTON, GEORGIA AS ATTACHED HERETO
AND INCORPORATED HEREIN
BE IT ORDAINED by the City Council of the City of Milton, GA while in regular session on
February _____, 2007 at ______ p.m. as follows:
SECTION 1. That the Ordinance to relating to Streets and Sidewalks shall include
reference to the Georgia Department of Transportation Construction Specifications is hereby
adopted and approved; and is attached hereto as if fully set forth herein; and,
SECTION 2. This Ordinance is effective ______________, 2007;
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the _____ day of February, 2007
_______________________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette Marchiafava, City Clerk
(Seal)
Chapter 16: Streets and Sidewalks
Article 1: Repairs and Maintenance.
Section 1: Authority.
The City of Milton Community Services Department shall be authorized to repair or maintain or
contract with third parties for the repair or maintenance of all public streets and sidewalks within the
City. Repair and maintenance includes the removal of foliage, debris, or any other obstruction that
blocks clear vision or obstructs pedestrian traffic. The City may delegate by contract the duties of the
Community Services Department to a third party.
Section 2: Permit Required.
(a) No person or company shall perform construction work in the street right-of-way without a
permit issued by the City. Such permit shall be posted at the construction site at all times.
Such construction must conform to the construction/maintenance guidelines and
specifications of the City of Milton and/or the Georgia Department of Transportation.
(b) No person or company shall construct a drive or entrance to any public road without a permit
from the City.
(c) It shall be unlawful for any person to construct any permanent feature such as an irrigation
system, sign or fence in the street right-of-way without a permit from the
City.
Section 3: Permit Procedure.
(a) Any permit shall indicate in writing the following:
(i) All proposed repair, work, maintenance, or alteration to existing City sidewalks or
streets, including when possible, proposed measurements and plats of any repair,
alteration, or maintenance.
(ii) Compliance with applicable local, state, and federal laws.
(b) The City is authorized to establish additional guidelines for applying for permits. Said
guidelines shall be consistent with this Code and must be approved by the City Manager.
Section 4: Road Signage and Warnings.
(a) Each person or company to whom a permit has been issued to perform construction work in
the street right-of-way shall place appropriate traffic devices and signage as dictated by the
current edition of the Manual on Uniform Traffic Control Devices.
(b) It is unlawful for any person, firm, or corporation who obtains a permit under this Chapter to
do any excavation of any kind which may create or cause a dangerous condition in or near
any street, alley, sidewalk, or public place of the City without placing and maintaining proper
guard rails and signal lights or other warnings at, in or around the same, sufficient to warn the
Page 1 of 5
public of the excavation or work, and to protect all persons using reasonable care from
injuries.
Section 5: Repair After Excavation.
(a) When any part of any street, alley, or other property of the City shall be torn or dug up for
any purpose, the person or company performing such construction work shall promptly
restore the street, sidewalk, and landscaping to a condition as good as or better condition than
before the construction commenced.
(b) The City may conduct a final inspection to insure that the street, sidewalk, or public way is
restored to a condition as good in all respects as before the excavation or work was made or
done, and that all debris, materials, tools, and equipment are removed.
Section 6: Creation of Roads.
The City Engineer or his designate shall approve the design for any new roads within the City of
Milton.
a) The standard construction specifications shall be the online document, The GDOT
Source: http://tomcat2.dot.state.ga.us/thesource/specs/index.html . The English system of
measurement shall be used.
b) Enforcement shall be by engineering testing on portions of all portions of private projects
within the City right-of-way or areas shown on approved construction plans as “to be
dedicated” or “future right-of-way.” All portions of City projects will use required
testing. The City selected engineering testing companies will be paid by developer as a
permit fee.
Section 7: Creation of Sidewalks.
Sidewalks shall be installed as follows:
(a) All owners, developers, or occupiers of parcels of land where a development permit or
building permit is issued shall be required to provide a sidewalk adjacent to any public street
along the entire lot frontage.
(b) In cases where a development permit or building permit is sought on a tract of land proposed
for single family development for less than 200 lots, the City shall authorize sidewalk
installation along one side of proposed public or private streets except where he determines
sidewalks are necessary for safety or public convenience on both sides of the road. The City
may allow sidewalks to be developed on both sides of the road where the developer or
property owner requests sidewalks to be constructed on both sides of the road. Single Family
developments over 200 lots require sidewalks on both sides of any public or private street.
Subsequently, the development permit shall indicate proposed construction of sidewalks
along the entire road frontage on the designated sides of all proposed streets. The sidewalk
shall be installed and the construction accepted by the City prior to a Certificate of
Occupancy being issued for any building or structure for any lot or project on the designated
sidewalk side of the roadway. Such sidewalk shall conform to the AASHTO and ADA
requirements and to all applicable overlay district guidelines and standards.
.
Page 2 of 5
(c) In the case of non-single family development, sidewalks shall be required to be represented
on design plans and development plans and installed in accordance
with such plans along the total property frontage on public streets as required by the City.
(d) In the event of private roadways in non-single family developments, sidewalks shall be
installed as required by the Design Review Board and approved by the City.
(e) Where the City determines the topography of the road frontage is such that a special hardship
exists on the property, they may authorize a payment to the City of Milton in lieu of the
required installation of the sidewalk. Criteria shall be established for all such approved
hardships by the City to determine how the amount of payment will be calculated. Such
criteria to determine the method of calculating such payment shall be approved by the City
Manager or thereupon may be amended by the City Manager thereafter.
(f) Where trees exist or other conditions exist, the City may require the sidewalks to meander in
the right of way or into the lot where the permit is being sought. The City may encourage all
sidewalks to meander where conditions allow such to occur.
(g) The City shall require the sidewalk to be installed at least 2 feet from the edge of the road
pavement or the back of curb along the road unless the City determines a practical difficulty
exists. Where the City has determined a practical difficulty exists, the sidewalk shall be
installed no closer than the edge of the road or the back of the curb.
(h) Exceptions. This section shall not apply to any lot or parcel for which a development permit
or building permit is issued but where the City determines that the permit is for an accessory
use or structure to the principal use or structure or for minor repairs or additions to the
principal building or structure in existence.
(i) Along public roads where a City sidewalk project is being or has been awarded for
construction, the City may accept payment in lieu of the actual installation of the required
sidewalk where the acceptance of funds would be appropriate. Any payment in lieu of the
installation of the required sidewalk shall be in an amount determined by the City or his
designee. The funds received shall be deposited in an account of the City and restricted to use
for the installation of sidewalks.
(j) The installation of the required sidewalk shall be completed prior to a Certificate of
Occupancy being issued for the building or structure on the affected parcel.
Section 8: Existing Sidewalks.
(a) For any land or building development where sidewalks are required as outlined in
Section 7 of this Article, and there is an existing sidewalk along the road or street frontage, an
inspection of the sidewalk shall be made by the City. If the inspection shows the sidewalk is
deficient or does not exist along the entire frontage, the owner must construct or repair the
sidewalk to current design specifications including material revisions, such as concrete to
brick, as required by the City.
Page 3 of 5
(b) The property owner shall be required to maintain the sidewalk along the entire lot frontage by
maintaining the grass or landscaping installed between the sidewalk and the edge or curb of
the roadway. This section applies to newly created sidewalks.
(c) No person shall be permitted to erect any drain, gutter, downspout, valley, flat, or
sloping roof of any character that will in any manner drain or shed water on any
sidewalk of this City.
Article 2: Prohibitions.
Section 1: Obstruction of Right-of-Way.
(a) No person shall place or cause to place in any street and/or sidewalk: debris, rubbish,
irrigation water, boxes, displays, signs, poles, goods, merchandise, or any other object so as
to impede and/or endanger traffic on streets and/or sidewalks.
(b) No person or company shall construct or maintain a drive, yard, or lot constructed of gravel,
pebbles, or stone in such a manner that vehicles cause loose stones, pebbles or gravel to be
thrown on to the adjacent street and/or sidewalk.
(c) Any personal property placed on the right-of-way following an eviction shall be removed
within twenty-four (24) hours of physical eviction unless an extension of time is requested on
behalf of the evicted tenant. For purposes of this ordinance such property is deemed
abandoned property twenty-four (24) hours following eviction unless the landlord by contract
specifies a shorter time. If the property is not removed within twenty-four (24) hours, the City
may commence removal and cite the property owner. The penalty assessed shall be one
hundred twenty-five percent (125%) of the cost the City incurs in removing the property.
Section 2: Skateboards and Bicycles.
(a) No person shall ride a bicycle or propel roller-skates, skateboards, or other similar devices
upon a public street, highway, or sidewalk in a manner which would constitute an
unreasonable danger to the public or which would disrupt the public’s ordinary and
customary use of such street, highway or sidewalk.
(b) No person shall ride a bicycle, or propel roller-skates, skateboards, or other similar devices on
sidewalks which are properly designated for pedestrians only. The City may erect or have
erected signs on any sidewalk or roadway prohibiting the riding of bicycles or propelling of
roller-skates, skateboards, or other similar devices. When such signs are in place, no person
shall disobey the signs.
(c) Whenever any person is riding a bicycle or skating upon a sidewalk, that person shall yield
the right-of-way to any pedestrian and shall give audible signal before overtaking and passing
the pedestrian.
(d) Any person violating any provision of this section shall be subject to the penalties provided in
Section 1-3-1 of this Code. Provided, however, that any offender under the age of seventeen
(17) years shall be treated as provided by State law as contained in the Official Code of
Georgia Annotated, Title 15. The parent of any child and the guardian of the person of any
Page 4 of 5
ward shall not authorize or knowingly permit that child or ward to violate any provision of
this section.
Section 3: Assemblies, Demonstrations, and Parades.
Regulation of assemblies, demonstrations, and parades are governed by Chapter 18, Assemblages in
Public Places, of this Code.
Article 3: Street Numbers.
Section 1: Assignment.
All houses and buildings fronting the various streets and alleys in the City shall be numbered under
the City’s uniform addressing system.
Section 2: Application.
Each owner of a house or building, or part thereof, shall apply to the City Manager or his/her
designee for the proper number of the house or building, or part thereof.
Section 3: Record Log.
The City shall keep a chart showing the proper street number of every lot, house, and building in the
City. Such chart shall be open to inspection by anyone interested.
Section 4: Visibility.
It shall be the duty of the owner(s) of every house or building in the City to have placed thereon or in
a place where the house or building can be specifically identified, the street number of the house or
building. The street number shall be clearly visible from the street to pedestrians and vehicles going
in either direction.
Page 5 of 5
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: January 22, 2007
FROM: City Manager
AGENDA ITEM: Ordinan a to Amend Chapter 9, Building Codes, Section 9,
Construction Board of Adjustments and Appeals of the City of
Milton Code of Ordinances
MEETING DATE: Thursday, February 1, 2007 Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ( APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES ( NO
PLACED ON AGENDA FOR: f�*Uwl 1, 2,OD-1
REMARKS:
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
To: Honorable Mayor and City Council Members
From: Tom Wilson, Community Development Director
Date: January 22, 2007 for Submission onto the February 1, 2007 City Council
Meeting
Agenda Item: Ordinance to Amend Chapter 9, Building Codes, Section 9, Construction Board
of Adjustments and Appeals of the City of Milton Code of Ordinances
CMO (City Manager’s Office) Recommendation:
To approve the attached ordinance amending the City of Milton Code of Ordinances, Chapter 9,
Building codes.
Background:
Chapter 9, Section 9 of the City Code of ordinances establishes and outlines the Construction
Board of Adjustments and Appeals in the City of Milton. The City’s charter, House Bill 1470,
designates the City’s ability to create boards, commissions, and committees by ordinance and
further provides that such ordinance will detail the composition, purpose, powers, and authority
of all entities created. The previously adopted Chapter 9 provided for only a three to five
member board.
Discussion:
The attached ordinance amends Chapter 9, Section 9 to increase the number of board
members to 7 and to make the appointment and terms of the board consistent with the other
boards and commissions serving the City. The members will serve concurrently with the terms
of the Mayor and Council as stipulated in the ordinance establishing the City of Milton
Construction Board of Adjustments and Appeals.
Alternatives:
There are no reasonable alternatives to this ordinance.
Concurrent Review:
Aaron J. Bovos, CGFM, CTP, City Manager
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE# _____
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO AMEND CHAPTER 9, BUILDING CODE,
OF THE CITY OF MILTON CODE OF ORDINANCES
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on February 15th 2007 at 5:30 p.m. as follows:
SECTION 1. That the Ordinance relating to amending Section 9, Construction Board of
Adjustments and Appeals, Chapter 9, Building Code, of the City of Milton Code of
Ordinances, is hereby adopted and approved; and is attached hereto as if fully set forth herein,
and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are
hereby repealed.
SECTION 3. All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 4. That this Ordinance shall become effective upon its adoption.
ORDAINED this the ____ day of February, 2007
_____________________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
Chapter 9: Building Code
Article 1: Adoption of State Law.
Section 1: State Minimum Standards Adopted.
(a) It is hereby declared to be the intention of the Council to enforce the latest edition of
the following Georgia State Minimum Standard Codes, as adopted and amended by
the Georgia Department of Community Affairs, for all permits approved after
December 1, 2006:
(i) International Building Code
(ii) International Fuel Gas Code
(iii) International Mechanical Code
(iv) International Plumbing Code
(v) National Electrical Code
(vi) International Fire Code
(vii) International Energy Conservation Code
(viii) International Residential Code
(b) The following appendices of said codes, as adopted and amended by the Georgia
Department of Community Affairs, are hereby adopted by reference as though they
were copied herein fully:
(i) Standard Building Code: Appendices H, I, J, K
(ii) Standard Mechanical Code
(iii) Standard Plumbing Code: Appendices H, I, J
(iv) Standard Gas Code
(v) CABO One and Two-Family Dwelling Code
(c) The following codes, the latest editions as adopted and amended by the Georgia
Department of Community Affairs, are hereby adopted by reference as though they
were copied herein fully:
(i) Standard Existing Building Code
(ii) Standard Swimming Pool Code
(d) The following code is adopted insofar as it does not conflict the Georgia State
Minimum Standard Codes:
Standard Unsafe Building Abatement Code
(e) The City also adopts the State Minimum Standards Codes as defined by
O.C.G.A. § 8-2-20(9).
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(f) For all permits granted or approved by Fulton County under earlier versions of any or
all of these codes, it is hereby declared to be the intention of the Council to enforce the
Code under which the project was approved.
Article 2: Administrative Procedures for Enforcement of Adopted Codes.
Section 1: Purpose.
The purpose of this section is to provide for the administration and enforcement of the
Georgia State Minimum Standard Codes for Construction as adopted and amended by the
Georgia Department of Community Affairs. Hereinafter, the state minimum standard codes
for construction shall be referred to as “the construction codes.”
Section 2: Code Remedial.
(a) General. These construction codes are hereby declared to be remedial, and shall be
construed to secure the beneficial interests and purposes thereof - which are public
safety, health, and general welfare - through structural strength, stability, sanitation,
adequate light and ventilation, and safety to life and property from fire and other
hazards attributed to the built environment including alteration, repair, removal,
demolition, use, and occupancy of buildings, structures, or premises, and by
regulating the installation and maintenance of all electrical, gas, mechanical, and
plumbing systems, which may be referred to as service systems.
(b) Quality Control. Quality control of materials and workmanship is not within the
purview of the construction codes except as it relates to the purposes stated therein.
(c) Permitting and Inspection. The inspection or permitting of any building, system, or
plan, under the requirements of construction codes shall not be construed in any court
as a warranty of the physical condition of such building, system or plan or their
adequacy. The City of Milton, nor any employee thereof, shall be liable in tort for
damages for any defect or hazardous or illegal condition or inadequacy in such
building, system or plan, nor for any failure of any component of such, which may
occur subsequent to such inspection or permitting.
Section 3: Scope.
(a) Applicability.
(i) General. Where, in any specific case, different sections of these construction
codes specify different materials, methods of construction, or other
requirements, the most restrictive shall govern. Where there is a conflict
between a general requirement and a specific requirement, the specific
requirement shall be applicable.
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(ii) Building. The provisions of the International Building Code, as adopted and
amended by the Georgia Department of Community Affairs, shall apply to the
construction, alteration, repair, equipment, use and occupancy, location,
maintenance, removal, and demolition, of every building or structure or any
appurtenances connected or attached to such buildings or structures, except in
one- and two-family dwellings.
(iii) Electrical. The provisions of the National Electrical Code, as adopted and
amended by the Georgia Department of Community Affairs, shall apply to the
installation of electrical systems, including alterations, repairs, replacement,
equipment, appliances, fixtures, fittings, and appurtenances thereto.
(iv) Gas. The provisions of the International Fuel Gas Code, as adopted and
amended by the Georgia Department of Community Affairs, shall apply to the
installation of consumer’s gas piping, gas appliances, and related accessories
as covered in this Code. These requirements apply to gas piping systems
extending from the point of delivery to the inlet connections of appliances and
the installation and operation of residential and commercial gas appliances
and related accessories, except in one- and two-family dwellings.
(v) Mechanical. The provisions of the International Mechanical Code, as
adopted and amended by the Georgia Department of Community Affairs,
shall apply to the installation of mechanical systems, including alterations,
repairs, replacement, equipment, appliances, fixtures, fittings and/or
appurtenances, including ventilating, heating, cooling, air conditioning and
refrigeration systems, incinerators, and other energy related systems. Except
in one- and two-family dwellings.
(vi) Plumbing. The provisions of the International Plumbing Code, as adopted and
amended by the Georgia Department of Community Affairs, shall apply to
every plumbing installation, including alterations, repairs, replacement,
equipment, appliances, fixtures, fittings, and appurtenances, and when
connected to a water or sewerage system.
(vii) Energy. The provisions of the International Energy Conservation Code, as
adopted and amended by the Georgia Department of Community Affairs, shall
regulate the design of building envelopes for adequate thermal resistance and
low air leakage and the design and selection of mechanical, electrical, service
water heating, and illumination systems and equipment that will enable the
effective use of energy in new building construction.
(b) Federal and State Authority. The provisions of the construction codes shall not be
held to deprive any federal or state agency, or any applicable governing authority
having jurisdiction, of any power or authority which it had on the effective date of the
adoption of the construction codes or of any remedy then existing for the enforcement
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of its orders, nor shall it deprive any individual or corporation of its legal rights as
provided by law.
(c) Appendices. Appendices referenced in Article 1, Section 1(b) of this Chapter shall be
considered an integral part of the construction codes.
(d) Referenced Standards. Standards referenced in the text of the construction codes shall
be considered an integral part of the construction codes. If specific portions of a
standard are denoted by code text, only those portions of the standard shall be
enforced. Where construction code provisions conflict with a standard, the
construction code provisions shall be enforced. Permissive and advisory provisions in
a standard shall not be construed as mandatory.
(e) Maintenance. All buildings, structures, electrical, gas, mechanical, and plumbing
systems, both existing and new, and all parts thereof, shall be maintained in a safe and
sanitary condition. All devices or safeguards, which are required by the construction
codes when constructed, altered, or repaired, shall be maintained in good working
order. The owner, or his/her designated agent, shall be responsible for the
maintenance of buildings, structures, electrical, gas, mechanical, and plumbing
systems.
Section 4: Existing Buildings
(a) General. Alterations, repairs, or rehabilitation work may be made to any existing
structure, building, electrical, gas, mechanical, or plumbing system without requiring
the building, structure, plumbing, electrical, mechanical, or gas system to comply
with all the requirements of the construction codes provided that the alteration, repair,
or rehabilitation work conforms to the requirements of the construction codes for new
construction. The Building Official shall determine the extent to which the existing
system shall be made to conform to the requirements of the construction codes for
new construction.
(b) Change of Occupancy. If the occupancy classification of any existing building or
structure is changed, the building, electrical, gas, mechanical, and plumbing systems
shall be made to conform to the intent of the construction codes as required by the
Building Official.
(c) Special Historic Buildings. The provisions of the construction codes relating to the
construction, alteration, repair, enlargement, restoration, relocation, or moving of
buildings or structures shall not be mandatory for existing buildings or structures
identified and classified by the state or local jurisdiction as historic buildings when
such buildings or structures are judged by the Building Official to be safe and in the
public interest of health, safety, and welfare regarding any proposed construction,
alteration, repair, enlargement, restoration, relocation, or moving of buildings within
the fire districts.
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Section 5: Building Department.
(a) Creation of Building Department. There is hereby established a department to be
called the Building Department and the person in charge shall be known as the
Building Official. The governing body shall establish the qualifications for the
Building Official and other code enforcement personnel. The duties of the department
may be contracted out in full to a third party entity.
(b) Restrictions on Employees. An officer or employee connected with the department,
except one whose only connection is as a member of the Construction Board of
Adjustment and Appeal, shall not be financially interested in the furnishing of labor,
material, or appliances for the construction, alteration, or maintenance of a building,
structure, service, system, or in the making of plans or of specifications thereof,
unless he is the owner of such. This officer or employee shall not engage in any other
work, which is inconsistent with his duties or conflict with the interests of the
department.
(c) Records. The Building Official shall keep, or cause to be kept, a record of the
business of the department. The records of the department shall be open to public
inspection pursuant to the provisions of the Georgia Open Records Act.
(d) Liability. Any officer or employee, or member of the Construction Board of
Adjustments and Appeals, charged with the enforcement of the construction codes,
acting for the applicable governing authority in the discharge of his duties, shall not
thereby render himself/herself personally liable, and is hereby relieved from all
personal liability, for any damage that may occur to persons or property as a result of
any act required or permitted in the discharge of his/her duties. Any suit brought
against any officer or employee or member because of such act performed by him/her
in the enforcement of any provision of the construction codes shall be defended by
the governing jurisdiction until the final termination of the proceedings.
(e) Reports. The Building Official shall submit a report each year covering the work of
the Building Department during the preceding year. He/she may incorporate in said
report a summary of the decisions of the Construction Board of Adjustments and
Appeals during said year.
Section 6: Building Official.
(a) General. The Building Official is hereby authorized and directed to enforce the
provisions of the construction codes. The Building Official is further authorized to
render interpretations of the construction codes, which are consistent with its intent
and purpose. The City may contract with a third party to provide the duties of the
Building Official.
(b) Right of Entry.
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(i) Whenever necessary to make an inspection to enforce any of the provisions of
the construction codes, or whenever the Building Official has reasonable
cause to believe that there exists in any building or upon any premises any
condition or code violation which makes such building, structure, premises,
electrical, gas, mechanical, or plumbing systems unsafe, dangerous, or
hazardous, the Building Official may enter such building, structure, or
premises at all reasonable times to inspect the same or to perform any duty
imposed upon the Building Official by these construction codes, provided that
if such building or premises is occupied, he shall first present proper
credentials and request entry. If such building, structure, or premises is
unoccupied, he shall first make a reasonable effort to locate the owner or other
persons having charge or control of such and request entry. If entry is refused,
the Building Official shall have recourse to every remedy provided by law to
secure entry.
(ii) When the Building Official shall have first obtained a proper inspection
warrant or other remedy provided by law to secure entry, no owner or
occupant or any other persons having charge, care or control of any building,
structure, or premises shall fail or neglect, after proper request is made as
herein provided, to promptly permit entry therein by the Building Official for
the purpose of inspection and examination pursuant to the construction codes.
(c) Stop-work orders. Upon notice from the Building Official, work on any building,
structure, electrical, gas, mechanical, or plumbing system that is being done contrary
to the provisions of the construction codes or in a dangerous or unsafe manner, shall
immediately cease. Such notice shall be in writing and shall be given to the owner of
the property, or to his agent, or to the person doing the work, and shall state the
conditions under which work may be resumed. Where an emergency exists, the
Building Official shall not be required to give a written notice prior to stopping the
work.
(d) Revocation of Permits.
(i) Misrepresentation of Application. The Building Official may revoke a permit
or approval, issued under the provisions of the construction codes, in case
there has been any false statement or misrepresentation as to the material fact
in the application or plans on which the permit or approval was based.
(ii) Violation of Code Provisions. The Building Official may revoke a permit
upon determination by the Building Official that the construction erection,
alteration, repair, moving, demolition, installation or replacement of the
building, structure, electrical, gas, mechanical, or plumbing systems for which
the permit was issued is in violation of, or not in conformity with, the
provisions of the construction codes.
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(e) Unsafe Buildings or Systems. All buildings, structures, electrical, gas, mechanical, or
plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or
which constitute a fire hazard, or are otherwise dangerous to human life, or which in
relation to existing use, constitute a hazard to safety or health, are considered unsafe
buildings or service systems.
(f) Requirements Not Covered by Code. Any requirements necessary for the strength,
stability, or proper operation of an existing or proposed building, structure, electrical,
gas, mechanical, or plumbing system, or for the public safety, health, and general
welfare, not specifically covered by or the construction codes, shall be determined by
the
Building Official.
(g) Alternate Materials and Methods. The provisions of the construction codes are not
intended to prevent the use of any material or method of construction not specifically
prescribed by them, provided any such alternate has been reviewed by the Building
Official. The Building Official shall approve any such alternate, provided the
Building Official finds that the alternate for the purpose intended is at least the
equivalent of that prescribed in the construction codes, in quality, strength,
effectiveness, fire resistance, durability, and safety. The Building Official shall
require that sufficient evidence or proof be submitted to substantiate any claim made
regarding the alternate.
Section 7: Permits.
(a) Permit Application.
(i) When required. Any owner, authorized agent, or contractor who desires to
construct, enlarge, alter, repair, move, demolish, or change the occupancy of a
building or structure, or to erect, install, enlarge, alter, repair, remove, convert,
or replace any electrical, gas, mechanical, or plumbing system, the installation
of which is regulated by the construction codes, or to cause any such work to
be done, shall first make application to the Building Official and obtain the
required permit for the work. A permit shall not be issued to an owner, who is
neither a licensed contractor nor the occupant of a residential structure being
altered.
(ii) Work Authorized. A building, electrical, gas, mechanical, or plumbing permit
shall carry with it the right to construct or install the work, provided the same
are shown on the drawings and set forth in the specifications filed with the
application for the permit. Where these are not shown on the drawings and
covered by the specifications submitted with the application, separate permits
shall be required.
(iii) Minor Repairs. Ordinary minor repairs with a value of less than $1,000, may
be made with the approval of the Building Official without a permit, provided
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that such repairs shall not violate any of the provisions of the construction
codes.
(iv) Information Required. Each application for a permit, with the required fee,
shall be filed with the Building Official on a form furnished for that purpose,
and shall contain a general description of the proposed work and its location.
The application shall be signed by the owner, or his/her authorized agent. The
building permit application shall indicate the proposed occupancy of all parts
of the building and of that portion of the site or lot, if any, not covered by the
building or structure, and shall contain such other information as may be
required by the Building Official.
(v) Time Limitations. An application for a permit for any proposed work shall be
deemed to have been abandoned 6 months after the date of filing for the
permit, unless before then a permit has been issued. One or more extensions
of time for periods of not more than 90 days each may be allowed by the
Building Official for the application, provided the extension is requested in
writing and justifiable cause is demonstrated.
(b) Drawings and Specifications.
(i) Requirements. When required by the Building Official, two or more copies of
specifications and of drawings drawn to scale with sufficient clarity and detail
to indicate the nature and character of the work, shall accompany the
application for a permit. Such drawings and specifications shall contain
information, in the form of notes or otherwise, as to the quality of materials,
where quality is essential to conformity with the construction codes. Such
information shall be specific, and the construction codes shall not be cited as a
whole or in part, nor shall the term “legal” or its equivalent be used, as a
substitute for specific information. All information, drawings, specifications
and accompanying data shall bear the name and signature of the person
responsible for the design.
(ii) Additional Data. The Building Official may require details, computations,
stress diagrams, and other data necessary to describe the construction or
installation and the basis of calculations. All drawings, specifications, and
accompanying data required by the Building Official to be prepared by an
architect or engineer shall be affixed with their official seal.
(iii) Design Professional. The design professional shall be an architect or engineer
legally registered under the laws of this state regulating the practice of
architecture or engineering and shall affix his official seal to said drawings,
specifications, and accompanying data, for the following:
(A) All Group A, E, and I occupancies.
(B) Buildings and structures three stories or more high.
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(C) Buildings and structures 5,000 square feet (465 m^ 2) or more in area.
For all other buildings and structures, the submittal shall bear the certification
of the applicant that some specific state law exception permits its preparation
by a person not so registered.
EXCEPTION: Single-family dwellings, regardless of size, shall require
neither a registered architect nor engineer, nor a certification that an architect
or engineer is not required.
(iv) Structural and Fire Resistance Integrity. Plans for all buildings shall indicate
how required structural and fire resistance integrity will be maintained where
a penetration of a required fire resistance wall, floor, or partition will be made
for electrical, gas, mechanical, plumbing, signal and communication conduits,
pipes, and systems and also indicate in sufficient detail how the fire integrity
will be maintained where required fire resistance floors intersect the exterior
walls.
(v) Site Drawings. Drawings shall show the location of the proposed building
or structure and of every existing building or structure on the site or lot.
The Building Official may require a boundary line survey prepared by a
qualified surveyor.
(vi) Hazardous Occupancies. The Building Official may require the following:
(A) General Site Plan. A general site plan drawn at a legible scale which
shall include, but not be limited to, the location of all buildings,
exterior storage facilities, permanent access ways, evacuation routes,
parking lots, internal roads, chemical loading areas, equipment
cleaning areas, storm and sanitary sewer accesses, emergency
equipment, and adjacent property uses. The exterior storage areas shall
be identified with the hazard
classes and the maximum quantities per hazard class of hazardous
materials stored.
(B) Building Floor Plan. A building floor plan drawn to a legible scale,
which shall include, but not be limited to, all hazardous materials
storage facilities within the building and shall indicate rooms,
doorways, corridors, exits, fire rated assemblies with their hourly
rating, location of liquid tight rooms, and evacuation routes. Each
hazardous materials storage facility shall be identified on the plan with
the hazard classes and quantity range per hazard class or the hazardous
materials stored.
(c) Examination of Documents.
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(i) Plan Review. The Building Official shall examine or cause to be examined
each application for a permit and the accompanying documents, consisting of
drawings, specifications, computations, and additional data, and shall
ascertain by such examinations whether the construction indicated and
described is in accordance with the requirements of the construction codes and
all other pertinent laws or ordinances.
(d) Issuing Permits.
(i) Action on Permits. The Building Official shall act upon an application for a
permit without unreasonable or unnecessary delay. If the Building Official is
satisfied that the work described in an application for a permit and the contract
documents filed therewith conform to the requirements of the construction
codes and other pertinent laws and ordinances, he shall issue a permit to the
applicant.
(ii) Refusal to Issue Permit. If the application for a permit and the accompanying
contract documents describing the work do not conform to the requirements of
the construction codes or other pertinent laws or ordinances, the Building
Official shall not issue a permit, but shall return the contract documents to the
applicant with his refusal to issue such permit. Such refusal shall, when
requested, be in writing and shall contain the reason for refusal.
(iii) Special Foundation Permit. When application for permit to erect or enlarge a
building has been filed and pending issuance of such permit, the Building
Official may, at his discretion, issue a special permit for the foundation only.
The holder of such a special permit is proceeding at his own risk and without
assurance that a permit for the remainder of the work will be granted nor that
corrections will not be required in order to meet provisions of the construction
codes.
(iv) Public Right-of-Way. A permit shall not be given by the Building Official for
the construction of any building, or for the alteration of any building where
said building is to be changed and such change will affect the exterior walls,
bays, balconies, or other appendages or projections fronting on any street,
alley, or public lane, or for the placing on any lot or premises of any building
or structure removed from another lot or premises, unless the applicant has
made application at the office of the Director of Public Works for the lines of
the public street on which he/she proposes to build, erect, or locate said
building; and it shall be the duty of the Building Official to see that the street
lines are not encroached upon.
(e) Contractor Responsibilities. It shall be the duty of every contractor who shall make
contracts for the installation or repairs of buildings, structures, electrical, gas,
mechanical, sprinkler, or plumbing systems, for which a permit is required, to comply
with state or local rules and regulations concerning licensing which the applicable
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governing authority may have adopted. In such case that the state requires a
contractor to have obtained a state license before they are permitted to perform work,
the contractor shall supply the local government with their license number before
receiving a permit for work to
be performed.
(f) Conditions of the Permit.
(i) Permit Intent. A permit issued shall be construed to be a license to proceed
with the work and not as authority to violate, cancel, alter, or set aside any of
the provisions of the construction codes, nor shall issuance of a permit prevent
the Building Official from thereafter requiring a correction of errors in plans,
construction, or violations of the construction codes. Every permit issued shall
become invalid unless the work authorized by such permit is commenced
within 6 months after its issuance, or if the work authorized by such permit is
suspended or abandoned for a period of 6 months after the time the worked is
commenced. One or more extensions of time, for periods not more than 90
days each, may be allowed for the permit. The extension shall be requested in
writing and justifiable cause demonstrated. Extensions shall be in writing by
the Building Official.
(ii) Permit Issued on Basis of an Affidavit. Whenever a permit is issued in reliance
upon an affidavit or whenever the work to be covered by a permit involves
installation under conditions which, in the opinion of the Building Official,
are hazardous or complex, the Building Official shall require that the architect
or engineer who signed the affidavit or prepared the drawings or computations
shall supervise such work. In addition, they shall be responsible for
conformity with the permit, provide copies of inspection reports as inspections
are performed, and upon completion make and file with the Building Official
written affidavit that the work has been done in conformity with the reviewed
plans and with the structural provisions of the construction codes. In the event
such architect or engineer is not available, the owner shall employ in his
place, a competent person or agency whose qualifications are reviewed by the
Building Official.
(iii) Plans. When the Building Official issues a permit, he/she shall enforce, in
writing or by stamp, both sets of plans “reviewed for code compliance.” One
set of drawings so reviewed shall be retained by the Building Official and the
other set shall be returned to the applicant. The permitted drawings shall be
kept at the site of work and shall be open to inspection by the Building
Official or his/her authorized representative.
(g) Fees.
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(i) Prescribed Fees. A permit shall not be issued until the fees prescribed by the
governing body have been paid. Nor shall an amendment to a permit be
released until the additional fee, if any, due to an increase in the estimated cost
of the building, structure, electrical, plumbing, mechanical, or gas systems,
etc. has been paid.
(ii) Work Commencing Before Permit Issuance. Any person who commences any
work on a building, structure, electrical, gas, mechanical, or plumbing, etc.
system before obtaining the necessary permits, shall be subject to a penalty of
100 percent of the usual permit fee in addition to the required permit fees.
(iii) Accounting. The Building Official shall keep a permanent and accurate
accounting of all permit fees and other money collected, the names of all
persons upon whose account the same was paid, along with the date and
amount thereof.
(iv) Schedule of Permit Fees. On all buildings, structures, electrical, plumbing,
mechanical, and gas systems or alterations requiring a permit, a fee for each
permit shall be paid as required at the time of filing application, in accordance
with the fee schedules as set by the governing body.
(v) Building Permit Valuations. If, in the opinion of the Building Official, the
valuation of building, alteration, structure, electrical, gas, mechanical, or
plumbing systems appears to be underestimated on the application, the permit
shall be denied, unless the applicant can show detailed estimates to meet the
approval of the Building Official. Permit valuations shall include total cost,
such as electrical, gas, mechanical, plumbing equipment, and other systems,
including materials and labor.
(h) Inspections.
(i) Existing Building Inspections. Before issuing a permit the Building Official
may examine or cause to be examined any building, electrical, gas,
mechanical, or plumbing systems for which an application has been received
for a permit to enlarge, alter, repair, move, demolish, install, or change the
occupancy. He shall inspect all buildings, structures, electrical, gas,
mechanical, and plumbing systems, from time to time, during and upon
completion of the work for which a permit was issued. He shall make a record
of every such examination and inspection and of all violations of the
construction codes.
(ii) Manufacturers and Fabricators. When deemed necessary by the Building
Official he shall make, or cause to be made, an inspection of materials or
assemblies at the point of manufacture or fabrication. A record shall be made
of every such examination and inspection and of all violations of the
construction codes.
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(iii) Inspection Service. The Building Official may make, or cause to be made,
the inspections required by subsection (vi), hereinbelow. He/she may accept
reports of inspectors of recognized inspection services provided that after
investigation he/she is satisfied as to their qualifications and reliability. A
certificate called for by any provision of the construction codes shall not be
based on such reports unless the same are in writing and certified by a
responsible officer of such service.
(iv) Inspections Prior to Issuance of Certificate of Occupancy or Completion. The
Building Official shall inspect or cause to be inspected at various intervals
all construction or work for which a permit is required, and a final inspection
shall be made of every building, structure, electrical, gas, mechanical, or
plumbing system upon completion, prior to the issuance of the certificate of
occupancy or completion.
(v) Posting of Permit. Work requiring a permit shall not commence until the
permit holder or his/her agent posts the permit card in a conspicuous place on
the premises. The permit shall be protected from the weather and located in
such position as to permit the Building Official or representative to
conveniently make the required entries thereon. This permit card shall be
maintained in such position by the permit holder until the certificate of
occupancy or completion is issued by the Building Official.
(vi) Required Inspections. The Building Official upon notification from the permit
holder or his agent shall make the following inspections and such other
inspections as necessary, and shall either release that portion of the
construction or shall notify the permit holder or his agent of any violations
which must be corrected in order to comply with the technical code:
(A) Building.
(1) Foundation and foundation wall Inspection: To be made after
trenches are excavated, the reinforcement is in place, and forms
erected prior to the placing of concrete.
(2) Framing Inspection: To be made after the roof, all framing,
fireblocking, bracing and fasteners are in place, all concealed
wiring, all pipes, chimneys, ducts, and vents are complete.
(3) Final Inspection: To be made after the building is completed
and ready for occupancy.
(4) Moisture Barrier Inspection: To be made prior to the
installation of the exterior finishing materials.
Page 13 of 26
(5) Final Inspection: To be made after the building is completed
and ready for immediate occupancy.
(B) Electrical.
(1) Underground Inspection: To be made after trenches or ditches
are excavated, conduit or cable installed, and before any
backfill is put in place.
(2) Rough-In Inspection: To be made after the roof, framing,
fireblocking, and bracing is in place and prior to the installation
of wall or ceiling membranes.
(3) Final Inspection: To be made after the building is complete, all
required electrical fixtures are in place and properly connected
or protected, and the structure is ready for occupancy.
(C) Plumbing.
(1) Underground Inspection: To be made after trenches or ditches
are excavated, piping installed, and before any backfill is put in
place.
(2) Rough-In Inspection: To be made after the roof, framing,
fireblocking, and bracing is in place and all soil, waste, and
vent piping is complete, and prior to this installation of wall or
ceiling membranes.
(3) Final Inspection: To be made after the building is complete, all
plumbing fixtures are in place and properly connected, and the
structure is ready for occupancy.
(4) Note: See Section 311 of the Standard Plumbing Code for
required tests.
(D) Mechanical.
(1) Underground Inspection: To be made after trenches or ditches
are excavated, underground duct and fuel piping installed, and
before any backfill is put in place.
(2) Rough-In Inspection: To be made after the roof, framing,
fireblocking, and bracing are in place and all ducting, and other
concealed components are complete, and prior to the
installation of wall or ceiling membranes.
Page 14 of 26
(3) Final Inspection: To be made after the building is complete,
the mechanical system is in place and properly connected, and
the structure is ready for occupancy.
(E) Gas.
(1) Rough Piping Inspection: To be made after all new piping
authorized by the permit has been installed, and before any
such piping has been covered or concealed or any fixtures or
gas appliances have been connected.
(2) Final Piping Inspection: To be made after all piping authorized
by the permit has been installed and after all portions which are
to be concealed by plastering or otherwise have been so
concealed, and before any fixtures or gas appliances have been
connected. This inspection shall include a pressure test.
(3) Final Inspection: To be made on all new gas work authorized
by the permit and such portions of existing systems as may be
affected by new work or any changes in order to insure
compliance with all the requirements of the construction codes
and to assure that the installation and construction of the gas
system is in accordance with reviewed plans.
(F) Energy.
(1) Foundation Inspection: To be made before slab concrete is
poured in place. To verify that perimeter insulation has been
installed correctly on any slab on grade foundations, if
required.
(2) Frame Inspection: To be made before exterior wall insulation
is concealed by wall board to check installation of exterior
walls insulation and to inspect that all holes and cracks through
the structure envelope have been sealed in an appropriate
manner as to restrict air passage.
(3) Final Inspection: To be made after the building is completed
and ready for occupancy. To verify installation and R-value of
ceiling and floor insulation. To verify correct SEER ratings on
appliances.
(vii) Written Release. Work shall not be done on any part of a building, structure,
electrical, gas, mechanical, or plumbing system beyond the point indicated in
each successive inspection without first obtaining a written release from the
Building Official. Such written release shall be given only after an inspection
Page 15 of 26
has been made of each successive step in the construction or installation as
indicated by each of the foregoing three inspections.
(viii) Reinforcing Steel, Structural Frames, Insulation, Plumbing, Mechanical, or
Electrical Systems. Reinforcing steel, structural frame, insulation, plumbing,
work of any part of any building or structure shall not be covered or concealed
without first obtaining a release from the Building Official.
(ix) Plaster Fire Protection. In all buildings where plaster is used for fire
protection purposes, the permit holder or his agent shall notify the Building
Official after all lathing and backing is in place. Plaster shall not be applied
until the release from the Building Official has been received.
(i) Certificates.
(i) Certificate of Occupancy.
(A) Building Occupancy. A new building shall not be occupied or a change
made in the occupancy, nature, or use of a building or part of a
building until after the Building Official has issued a certificate of
occupancy. Said certificate shall not be issued until all required
electrical, gas, mechanical, plumbing, and fire protection systems have
been inspected for compliance with the construction codes and other
applicable laws and ordinances and released by the Building Official.
(B) Issuing Certificate of Occupancy. Upon satisfactory completion of
construction of a building or structure and installation of electrical,
gas, mechanical, and plumbing systems in accordance with the
construction codes, reviewed plans and specifications, and after the
final inspection, the Building Official shall issue a certificate of
occupancy stating the nature of the occupancy permitted, the number
of persons for each floor when limited by law, and the allowable load
per square foot for each floor in accordance with the provisions of the
construction codes.
(C) Temporary/Partial Occupancy. A temporary/partial certificate of
occupancy may be issued for a portion of a commercial building,
which in the opinion of the Building Official, may safely be occupied
prior to final completion of the building. The temporary/partial
certificate of occupancy shall be forfeited if the certificate of
occupancy is not issued within ninety (90) days.
(D) Existing Building Certificate of Occupancy. A certificate of occupancy
for any existing building may be obtained by applying to the Building
Official and supplying the information and data necessary to determine
compliance with the construction codes for the occupancy intended.
Page 16 of 26
Where necessary, in the opinion of the Building Official, two sets of
detailed drawings, or a general inspection, or both, may be required.
When, upon examination and inspection, it is found that the building
conforms to the provisions of the construction codes and other
applicable laws and ordinances for such occupancy, a certificate of
occupancy shall be issued.
(ii) Certificate of Completion. Upon satisfactory completion of a building,
structure, electrical, gas, mechanical, or plumbing system, a certificate of
completion may be issued. This certificate is proof that a structure or system is
complete and for certain types of permits is released for use and may be
connected to a utility system. This certificate does not grant authority to
occupy or connect a building, such as a shell building, prior to the issuance of
a certificate of occupancy.
(iii) Service Utilities.
(A) Connection of Service Utilities. No person shall make connections
from a utility, source of energy, fuel, or power to any building or
system which is regulated by the construction codes for which a permit
is required, until released by the Building Official and a certificate of
occupancy or completion is issued.
(B) Temporary Connection. The Building Official may authorize the
temporary connection of the building or system to the utility source of
energy, fuel, or power for the purpose of testing building service
systems or for use under a temporary certificate of occupancy.
(C) Authority to Disconnect Service Utilities. The Building Official shall
have the power to authorize disconnection of utility service to the
building, structure, or system regulated by the construction codes, in
case of emergency where necessary to eliminate an immediate hazard
to life or property. The Building Official shall notify the serving
utility, and whenever possible the owner and occupant of the building,
structure, or service system of the decision to disconnect prior to
taking such action. If not notified prior to disconnecting, the owner or
occupant of the building, structure, or service system shall be notified
in writing, as soon as practical thereafter.
(j) Posting Floor Loads.
(i) Occupancy. An existing or new building shall not be occupied for any
purpose, which will cause the floors thereof to be loaded beyond their safe
capacity. The Building Official may permit occupancy of a building for
mercantile, commercial, or industrial purposes, by a specific business, when
he is satisfied that such capacity will not thereby be exceeded.
Page 17 of 26
(ii) Storage and Factory-Industrial Occupancies. It shall be the responsibility of
the owner, agent, proprietor, or occupant of Group S and Group F
occupancies, or any occupancy where excessive floor loading is likely to
occur, to employ a competent architect or engineer in computing the safe load
capacity. All such computations shall be accompanied by an affidavit from the
architect or engineer stating the safe allowable floor load on each floor in
pounds per square foot uniformly distributed. The computations and affidavit
shall be filed as a permanent record of the Building Department.
(iii) Signs Required. In every building or part of a building used for storage,
industrial, or hazardous purposes, the safe floor loads, as reviewed by the
Building Official on the plan, shall be marked on plates or approved design
which shall be supplied and securely affixed by the owner of the building in a
conspicuous place in each story to which they relate. Such plates shall not be
removed or defaced, and if lost, removed or defaced, shall be replaced by the
owner of the building.
Section 8: Tests.
The Building Official may require tests or test reports as proof of compliance. Required tests
are to be made at the expense of the owner, or his/her agent, by an approved testing
laboratory or other approved agency.
Section 9: Construction Board of Adjustment and Appeals.
The Mayor and City Council shall establish a board to be called the “Construction Board of
Adjustment and Appeals” under separate ordinance.
(a) Appointment. The Council shall establish a board to be called the “Construction
Board of Adjustment and Appeals.” Members shall be nominated by the Mayor and
approved by the Council.
(ab) Membership and Terms.
(i) The Board shall be comprised of not less than three and not more than
five persons. Each member shall serve a term of 4 years and may serve
consecutive terms.
(ii) Quorum and Voting. A simple majority of the Board shall constitute a
quorum. In varying any provision of the construction codes, the affirmative
votes of the majority present shall be required. In modifying a decision of the
Building Official, not less than two affirmative votes shall be required. In the
event that regular members are unable to attend a meeting, the alternate
members, if appointed, shall vote.
Page 18 of 26
(iii) Secretary of the Board. The Building Official shall appoint a secretary for the
Board and shall make a detailed record of all its proceedings, which shall set
forth the reasons for its decision, the vote of each member, the absence of a
member, and any failure of a member to vote.
(iiiv) As provided in Code Section 2-5-3, the Council shall establish qualifications
for Board members.
(c) Powers. The Construction Board of Adjustments and Appeals shall have the power,
as further defined in subsection (d) herein below, to hear the appeals of decisions and
interpretations of the Building Official and consider variances of the construction
codes.
(d) Appeals.
(i) Decision of the Building Official. The owner of a building, structure, or
service system, or his duly authorized agent, may appeal a decision of the
Building Official to the Construction Board of Adjustments and Appeals
whenever any one of the following conditions are claimed to exist:
(A) The Building Official rejected or refused to approve the mode or
manner of construction proposed to be followed or materials to be
used in the installation or alteration of a building, structure or service
system.
(B) The provisions of the construction codes do not apply to this specific
case.
(C) That an equally good or more desirable form of installation can be
employed in any specific case.
(D) The true intent and meaning of the construction codes or any of the
regulations thereunder have been misconstrued or incorrectly
interpreted.
(ii) Variances. The Construction Board of Adjustments and Appeals, when so
appealed to and after a hearing, may vary the application of any provision of
the construction codes to any particular case when, in its opinion, the
enforcement thereof would do manifest injustice and would be contrary to the
spirit and purpose of this or the construction codes or public interest, and also
finds all of the following:
(A) That special conditions and circumstances exist which are peculiar to
the building, structure, or service system involved and which are not
applicable to others.
Page 19 of 26
(B) That the special conditions and circumstances do not result from the
action or inaction of the applicant.
(C) That granting the variance requested will not confer on the applicant
any special privilege that is denied by the construction codes to other
buildings, structures, or service system.
(D) That the variance granted is the minimum variance that will made
possible the reasonable use of the building, structure, or service
system.
(E) That the grant of the variance will be in harmony with the general
intent and purpose of the construction codes and will not be
detrimental to the public health, safety, and general welfare.
In granting the variance, the Board may prescribe a reasonable time limit
within which the action for which the variance is required shall be
commenced or completed or both. In addition, the Board may prescribe
appropriate conditions and safeguards in conformity with the construction
codes. Violation of the conditions of a variance shall be deemed a violation of
the construction codes.
(iii) Notice of Appeal. Notice of appeal shall be in writing and filed within 30
calendar days after the Building Official renders the decision. Appeals shall be
in a form acceptable to the Building Official.
(iv) Unsafe or Dangerous Buildings or Service Systems. In the case of a building,
structure, or service system, which, in the opinion of the Building Official, is
unsafe, unsanitary, or dangerous, the Building Official may, in his order, limit
the time for such notice of appeals to a shorter period.
(e) Rules and Regulations.
(i) Establishment. The Board shall establish rules and regulations for its own
procedure not inconsistent with the provisions of these procedures. The Board
shall meet on call of the chairman. The Board shall meet within 30 calendar
days after notice of appeal has been received.
(ii) Decisions. The Construction Board of Adjustments and Appeals shall, in
every case, reach a decision without unreasonable or unnecessary delay. Each
decision of the Board shall also include the reasons for the decision. If a
decision of the Board reverses or modifies a refusal, order, or disallowance of
the Building Official or varies the application of any provision of the
construction codes, the Building Official shall immediately take action in
accordance with such decision. Every decision shall be promptly filed in
writing in the office of the Building Official and shall be open to public
Page 20 of 26
inspection. A certified copy of the decision shall be sent by mail or otherwise
to the appellant and a copy shall be kept publicly posted in the office of the
Building Official for 2 weeks after filing. Every decision of the Board shall be
final, subject to such remedy as any aggrieved party might have at law or in
equity.
Section 10: Severability.
If any section, subsection, sentence, clause, or phrase of the construction codes is for any
reason held to be unconstitutional, such decision shall not affect the validity of the remaining
portions of the construction codes.
Section 11: Violations and penalties.
Any person, firm, corporation, or agent who shall violate a provision of the construction
codes, or fail to comply therewith, or with any of the requirements thereof, or who shall
erect, construct, alter, install, demolish, or move any structure, electrical, gas, mechanical, or
plumbing system, or has erected, constructed, altered, repaired, moved or demolished a
building, electrical, gas, mechanical, or plumbing system, in violation of a detailed statement
or drawing submitted and permitted there under, shall be guilty of a misdemeanor. Each such
person shall be considered guilty of a separate offense for each and every day or portion
thereof during which any violation of any of the provisions of the construction codes is
committed or continued, and upon conviction of any such violation such person shall be
punished within the limits and as provided by state laws.
Article 3: Trenching.
Section 1: Definitions.
(a) “Excavation” means any manmade cavity or depression in the earth’s surface,
including its sides, walls, or faces, formed by earth removal and producing
unsupported earth conditions as results of the excavation. If installed forms or similar
structures reduce the depth to width relationship, an excavation may become a trench.
(b) “OSHA” means the U.S. Department of Labor, Occupational Safety and Health
Administration, or successor agency.
(c) “Supervisory personnel” means any person who has the responsibility for layout,
oversight, superintending, directing, or controlling an excavation or trench.
(d) “Trench” is a narrow excavation made below the surface of the ground. In general,
the depth is greater than the width, but the width of the trench is not greater than 15
feet.
Section 2: Prohibition.
Page 21 of 26
No individual, partnership, corporation, or other entity of any kind whatsoever shall engage in any
excavation or trenching except in the compliance with the provisions of this Article and in
compliance with any applicable laws of the State of Georgia or of the United States or any rules and
regulations of the U.S. Department of Labor, Occupational Safety and Health Administration, or any
other state or federal governmental entity or department promulgating rules and regulations
applicable to excavating and trenching.
Section 3: Adoption of Federal Regulations.
All safety and health regulations adopted by OSHA with regard to excavating and trenching
operations, particularly Part 1926, Sub part P-Excavations, Trenching, and Shoring, Section
1926.650, 1926.651, 1926.652, 1926.653 of the Code of Federal Regulations, as the same
now exist or may be hereafter amended are adopted as a part of this Article the same as if
quoted verbatim herein.
Section 4: Certificate Required
(a) No equipment operator or supervisory personnel shall participate in any excavation or
trenching or in any way work in an excavation or trench unless such person holds a
valid certificate evidencing satisfactory completion of a required educational program
on safe trench/excavation practices. No other person shall participate in or work in
any excavation or trenching site unless a certificate holder is present at the excavation
or trench site where work is being performed.
(b) In the event any person who holds a valid certificate from the City is found to be in
violation of the safety standards or requirements on any job site, the certificate may
be revoked after notice and hearing as herein provided. In the event of revocation, the
certificate may be reinstalled one time upon repeat by the person of the educational
program required for issuance of the initial certificate.
Section 5: Permit Required.
(a) No excavation or trenching shall be performed until a permit or authorization for
same has been obtained from the City. Any applicant will be required to acknowledge
receipt and understanding of safety requirements before any permit will be issued. All
such permits shall be conspicuously posted upon the job site.
(b) No permit or authorization shall be issued unless an authorized agent of the applicant
holds a certificate.
Section 6: Inspection.
The City shall periodically inspect trench/excavation sites. Such inspectors shall, among
other things, verify the presence of the required permit, verify existence of required
Page 22 of 26
certificates, and verify compliance to OSHA safety standards herein above adopted. The
inspectors may operate pursuant to a contract between the City and a third-party entity.
Section 7: Violations.
The City shall periodically inspect trench/excavation sites. Such inspectors shall, among
other things, verify the presence of the required permit, verify existence of required
certificates, and verify compliance to OSHA safety standards herein above adopted.
Section 8: Appeals.
Any individual, partnership, corporation, or other entity whose permit has been suspended or
revoked may appeal in a manner consistent with this Chapter.
Article 4: Miscellaneous Provisions.
Section 1: Maintenance of proper sanitary conditions on premises required;
procedures; enforcement.
(a) Every person, whether owner, tenant, agent, or employee owning, holding, or
occupying property in the City shall, at all times, maintain the property, whether a
vacant lot or otherwise, in a clean and sanitary condition, keeping all weeds cut,
wastepaper, trash and other rubbish of every sort cleaned off of the property. Said
duty to maintain property in a clean and sanitary condition shall include the duty to
cut and remove undergrowth, such as kudzu, briars, weeds in excess of 24 inches in
height, honeysuckle, other vines and seedlings, whenever such undergrowth becomes
a nuisance to persons residing in the area or operating businesses in the area. If such
undergrowth exists upon an unimproved lot, the Planning and Zoning Director may
reduce the extent to which the property must be maintained in such condition,
provided there are no imminent threats to public health and safety.
(b) It shall be the duty of the Community Development Director or a designee thereof to
give 5 days written notice, by certified mail, return receipt requested, and take
reasonable steps to deliver in person to any owner of property or other person
violating this section to appear before the City Council to show cause why these
provisions have not been complied with. In addition, the Community Development
Director or a designee shall immediately post a notification upon the property in
violation of this section in order to provide visual notification to property owners for
a period of 5 consecutive days.
(i) In lieu of inability to contact owners in other manners prescribed above,
posted notice shall serve as the official notice for the City Council hearing on
this matter.
Page 23 of 26
(ii) After a hearing, if it is deemed by the Council that this section has not been
complied with, such owner or other person shall be given 5 days to comply
and if he/she fails or refuses to do so, the Public Works Director shall
thereupon cause the work to be done.
(iii) For purposes of giving the notice to the owner of the property, as provided for
herein, the person shown as the owner of said property on the ad valorem tax
records of the City shall be sent such notice at the address shown thereon,
unless the City receives actual notice that another person owns said property
that owner shall be responsible for said violation.
(iv) The Council may, by majority vote, refer any and all cases described in this
section to the Municipal Court, and all hearings heretofore described as being
before the Council may be before the Municipal Court if the Council decides.
(c) When the Public Works Director has caused weeds to be cut from any premises, or
wastepaper, trash, or other rubbish removed, a notice shall be prepared assessing the
cost of the cutting of those weeds, cleaning and rendering sanitary such vacant lot or
other property against the owner, tenant, agent, or employee owning, occupying, or
controlling the property. The cost of such action shall be a debtor lien upon the
property so cleaned and rendered sanitary and a debt against the owner, tenant, agent,
or other party in charge of the property. The debtor lien shall date from the
completion of the work on the property as declared under City Council ordinance.
(d) A written statement shall be furnished by the City Clerk to the owner, agent, or other
party in charge of the property subject to the assessment provided for herein showing
the amount of the assessment. It shall be the duty of the owner, agent, or other party
in charge of the property subject to the assessment to pay the City within 30 days
after the receipt of the statement the entire amount of the assessment against the
property and the owner, tenant, agent, or other party in charge of the property.
(e) Any owner, tenant, agent, or other party in control of property subject to assessment
as provided herein who fails or refuses to pay to the City the amount of such
assessment at the expiration of 30 days after the service of the notice of statement
provided above, the City Clerk shall issue an execution bearing date of its issuance in
the name of the Mayor of the City and specifying the purpose for which it is issued
against the owner, tenant, agent, or other party in control of the property subject to the
assessment and also against the property of the owner, tenant, agent, or other party in
control of the property upon which the work in question is performed. The execution
shall assert and be a lien against the property from the day of the completion of the
performance of the work hereinbefore described and shall bear interest at the rate of 1
percent per month from the date on which it is issued. For the purposes of this
section, any period of less than 1 month shall be considered to be 1 month.
(f) The execution issued under these provisions shall be delivered to the Chief of Police
or a designee thereof who shall execute the same by levying upon and selling the
Page 24 of 26
property described therein or so much thereof as may be necessary for the amount due
the City from the doing of such work, together with all costs that may accrue thereon.
The law applicable to the sales under other executions issued by this City shall apply
to the levy, notice, advertisement and sale made under the execution, and the levying
officer shall have authority to execute a deed to the purchaser when the property is
sold and shall deliver the possession thereof to the purchaser within the time required
by law as under tax executions.
Section 2: Fire Limits.
The fire limits of the City for purposes of the building code shall be the same as is provided
in this Code.
Section 3: Overcrowding Prohibited.
(a) Bedroom requirements.
(i) Area for sleeping purposes. Every bedroom occupied by one occupant shall
contain at least 70 square feet of floor area, and every bedroom occupied by
more than one occupant shall contain at least 50 square feet of floor area for
each occupant thereof.
(ii) Prohibited occupancy. Kitchens and nonhabitable spaces shall not be used for
sleeping purposes.
(b) Overcrowding Specifications.
(i) Dwelling units shall not be occupied by more occupants than permitted by the
minimum area requirements of Table 4.5 as follows:
Table 4.5
Minimum Occupancy Area Requirements
Minimum Area in Square Feet
Space 1-2
Occupants
3-5
Occupants
6 or More
Occupants
Living Room a,b
Dining Room a,b
Kitchen b
No Requirements
No Requirements
50
120
80
50
150
100
60
Bedrooms Shall comply with Section 9-4-3(a).
Note a. See paragraph (2) of this section for combined living room/dining room
spaces.
Page 25 of 26
Note b. See paragraph (1) of this section for limitations on determining minimum
occupancy area for sleeping purposes.
(1) Sleeping area. The minimum occupancy area required by Table 4.5
shall not be included as sleeping area in determining minimum
occupancy area for sleeping purposes. All sleeping areas shall comply
with Section 9-4-3(a).
(2) Combined spaces. Combined living room and dining room spaces shall
comply with the requirements of Table 4.5 if the total area is equal to
that required for separate rooms and if the space is located so as to
function as a combination living room/dining room.
(c) Exception.
Nothing in this section shall prohibit an efficiency dwelling unit meeting the
following requirements:
(i) An efficiency unit occupied by not more than two occupants shall have a clear
floor area of not less than 220 square feet. An efficiency unit occupied by
three occupants shall have a clear floor area of not less than 320 square feet.
These required areas shall be exclusive of the areas required by subsection (b).
(ii) The unit shall be provided with a kitchen sink, cooking appliance, and
refrigeration facilities, each having a clear working space of not less than 30
inches in front.
(iii) The unit shall be provided with a separate bathroom containing a water closet,
lavatory, and bathtub or shower.
(iv) The maximum number of occupants shall be three.
Page 26 of 26
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: January 22, 2007
FROM: City Manager
AGENDA ITEM: Ordinance o Amend Article 12H.2 of the City of Milton Zoning
Ordinance regarding the City of Milton Northwest Fulton Overlay
District Design Review Board
MEETING DATE: Thursday, February 1, 2007 Regular Meeting
BACKGROUND INFORMATION. (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES 0 NO
PLACED ON AGENDA FOR:
REMARKS:
r' L$ . (I X01
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
To: Honorable Mayor and City Council Members
From: Tom Wilson, Community Development Director
Date: January 22, 2007 for Submission onto the February 1, 2007 City Council
Meeting
Agenda Item: Ordinance to Amend Article 12H.2 of the City of Milton Zoning Ordinance
regarding the City of Milton Northwest Fulton Overlay District Design Review
Board
CMO (City Manager’s Office) Recommendation:
To approve the attached ordinance amending the City of Milton Zoning Ordinance regarding the
City of Milton Northwest Fulton Overlay District Design Review Board.
Background:
Article 12H.2 of the City of Milton Zoning Ordinance establishes the Northwest Fulton District
Design Review Board (NWFDRB) also known as the City of Milton Design Review Board that
currently consists of 5 members. This article also discusses the formation of the NWFDRB.
Discussion:
The attached ordinance amends Article 12H.2 to increase the number of Board members to 7
and to make the appointment and terms of the Board consistent with the other boards and
commissions serving the City. The members will serve concurrently with the terms of the Mayor
and Council as stipulated in the ordinance establishing the City of Milton NWFDRB.
Alternatives:
There are no reasonable alternatives to this ordinance.
Concurrent Review:
Aaron J. Bovos, CGFM, CTP, City Manager
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE# _____
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO AMEND ARTICLE 12H.2. OF THE
CITY OF MILTON ZONING ORDINANCE
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on ________________ at 5:30 p.m. as follows:
SECTION 1. That the Ordinance relating to Amending Article 12H.2. of the City of
Milton Zoning Ordinance, as it relates to the Northwest Fulton Overlay District Design
Review Board, is hereby adopted and approved; and is attached hereto as if fully set forth
herein, and
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the _____ day of February, 2007.
____________________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
ADOPTED BY THE BOARD OF COMMISSIONERS APRIL 7, 1999
AMENDED ON DECEMBER 1, 1999 AND MAY 7, 2003
ARTICLE XII-H
Northwest Fulton Overlay Zoning District
A RESOLUTION TO AMEND THE ZONING RESOLUTION OF FULTON COUNTY,
GEORGIA, TO ESTABLISH THE NORTHWEST FULTON OVERLAY ZONING
DISTRICT, TO DELINEATE THE NORTHWEST FULTON OVERLAY DISTRICT
INUNINCORPORATED FULTON COUNTY, TO PROVIDE DEVELOPMENT AND
DESIGNSTANDARDS, AND FOR OTHER PURPOSES.
BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF FULTON COUNTY,
GEORGIA.
12H.1. PURPOSE AND INTENT. The Northwest Fulton Overlay Zoning
District applies only to properties zoned, developed, or used for non
single-family residential land uses in a geographic area bounded as
follows: in North Fulton County, beginning at the common boundary of
Fulton, Cherokee and Forsyth counties; then proceeding southerly along
the Fulton County-Forsyth County border to a point 1000 feet north-
northwest of the north-northwest right-of-way line of State Route 9
(Cumming Highway); then proceeding westerly and southerly along a line
1000 feet outside of the northerly and westerly right-of-way of State Route
9 to the point where said line intersects the common boundary of
unincorporated Fulton County and the City of Alpharetta; then proceeding
westerly along the common boundary of unincorporated Fulton County
and the City of Alpharetta; then proceeding south on Broadwell Road and
including all of the unincorporated area between the City limits of
Alpharetta, generally the area on either side of Rucker Road; then
proceeding north on Broadwell Road along the common boundary of
unincorporated Fulton County and the City of Alpharetta to a point on the
northerly right-of-way of Crabapple Road; then proceeding westerly along
the right-of-way of Green Road; then proceeding southwesterly across
State Route 140 to a point that is 1000 feet southwest of the southwest
right-of-way of State Route 140 (Arnold Mill Road); then proceeding
northwesterly along a line 1000 feet southwest of the southwest right-of-
way of State Route 140 to a point on the common boundary of Fulton
County and Cherokee County; then proceeding northeasterly, northerly
and easterly along the common boundary of Fulton County and Cherokee
County to the point of beginning. If a portion of a parcel lies within the
boundary of the Northwest Fulton Overlay, then the entire parcel shall
comply with the regulations. (See attached map)
The Board of Commissioners of Fulton County, 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 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 Fulton County.
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 Resolution, or other Fulton County
ordinances, resolutions or regulations, the provisions of this article shall
prevail.
12H.2. DESIGN REVIEW BOARD (Approved May 7, 2003). The Northwest
Fulton Overlay District Design Review Board (NWFDRB) 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 Northwest Fulton 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 Northwest Fulton 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 Northwest Fulton Overlay District Design Review Board shall review
all plans for development in the Northwest Fulton Overlay District 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.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 before development. Landscaping should also be used
as a buffer to screen a development from adjacent residential and
agricultural uses.
Deleted: five
Deleted: Northwest Fulton Overlay
District.
Deleted: Commissioner
Deleted: Fulton County Board of
Commissioners
Deleted: at the pleasure of the Board of
Commissioners
A. Streetscape and Landscape Strips
1. All properties shall provide a minimum 10 foot-wide strip
along all public streets. The ten (10) foot-wide strip shall be
planted with a minimum 2½” to 3" caliper hardwood over-
story. Additional over-story trees are encouraged. The 10 foot
wide strip may be developed either: (see article 12H.3.2.B for
additional landscape and screening requirements)
a. with hardscape elements such as plazas, planters,
benches, fountains and tables in addition to the
required hardwood trees, or
b. with landscape elements consisting of 60% coverage
in trees and shrubs and 40% coverage in grass and
ground cover pursuant to the Zoning Resolution of
Fulton County and 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 thirty feet.
3. Specimen trees, as described in the Fulton County Tree
Protection Ordinance, located within the minimum front yard
shall be preserved.
4. A minimum five foot-wide strip shall be planted with grass or
sod between the back of curb and the sidewalk.
B. Parking Lot Landscape Islands
1. There shall be a minimum 10 foot wide landscape island at the
end of each parking bay;
2. There shall be a 10 foot wide landscape island for every 72 feet
of double row length or 90 feet of single row length of parking
spaces;
3. Landscape islands shall include one over-story shade tree per
180 square feet, and
4. Location of interior landscape islands shall vary from row to
row to avoid a grid pattern and rectilinear layout.
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 Fulton
County Undisturbed Buffers shall be used.
D. Property owners are encouraged to develop a green space for
recreation and public enjoyment.
12H.3.2. Screening and Fencing. Landscaping and fencing materials should be
used to minimize visual and noise impact of parking, loading areas,
detention ponds and accessory site features.
A. All loading areas shall be screened from view of any public street
by either: (1) a minimum six foot high opaque fence matching the
material of the building or (2) a 15 foot-wide landscape strip
planted with a continuous hedge of evergreen shrubs. Shrubs shall
be moderately growing, be a minimum height of 3½ to 4 feet at
time of planting, and reach a height of six feet within two years of
planting.
B. All parking areas shall be screened from view of any public street
by: (1) a 15 foot-wide landscape strip planted to buffer standards
or (2) a berm planted with a continuous hedge or evergreen shrubs.
Plants shall be a minimum height of 3½ to 4 feet at time of
planting, and such plants (or in the case of option 2 above, the
berm and the planting combined) shall
reach a height of six feet within two years of planting (see article
12H.3.1.A for additional landscape and screening requirements).
C. Refuse areas (dumpsters) shall be placed in the least visible
location from public streets, and shall be enclosed pursuant to rules
of the Fulton County Health Department. Enclosures must be
constructed of the same exterior wall material used for the
building. The enclosure shall be a foot higher than what is
contained in the interior. The door enclosing shall be made
out of wood or a material that has the appearance of wood.
D. Accessory site features, as defined in each zoning district of the
Zoning Resolution, shall be placed in the least visible location
from public streets, and shall be screened from view of any right-
of-way and/or any property zoned, used, or developed for
residential uses, including the AG-1 zoning district, by one of the
following means: (1) placement behind the building, (2) 100%
opaque fencing which must be constructed of the same type of
exterior material used for the building, or (3) by a berm or
vegetative screening. The screening shall consist of evergreen
shrubs, be 3 ½ to 4 feet at time of planting, and reach a height of 6
feet within 2 years or planting.
E. Drive-throughs are discouraged. However, if present, a drive-
through shall be considered to be an accessory structure to a
building. It should be screened from view from the right of way
and should be in scale and proportion to the building to which it is
attached.
F. All detention ponds shall have a minimum 10 foot wide landscape
strip planted to buffer standards with evergreen plantings exterior
to any required fence and or required access area. All chain link
fence shall be black vinyl clad.
G. Fencing Material and Height:
1. Allowed fencing material shall be three or four board wooden
fencing with wood posts, in yards adjacent to a public street.
2. Fences in yards adjacent to a public street shall not exceed 55
inches from finished grade.
3. Retaining walls shall be constructed of stone and brick only.
Retaining walls above 3 feet high shall have a continuous
planting of evergreens.
4. Opaque fences are prohibited in yards adjacent to a public
street, except as set forth in Section 12H.3.2.4 and 5.
H. Chain link fencing, except as required along detention/retention
ponds, is prohibited from public view. All chain link fence shall be
black vinyl clad.
12H.3.3. Pedestrian Safety. Construction of sidewalks and pedestrian amenities
should encourage and promote walking to a development and within a
development. The placement of sidewalks and pedestrian amenities should
contribute to the sense of place of the community. Sidewalks shall be
constructed along public road frontages and at least a five foot landscape
strip shall be planted between the roadway or curb and the sidewalk. The
sidewalk shall be set back from the back of curb the maximum distance
allowable within the right of way.
1. Mandatory Requirements - Pedestrian Path Design Standards
A. Proposed developments shall have a pedestrian network.
B. Paths shall comply with any applicable Americans with
Disabilities Act standards for slope, width, texture, level
differences, and ramps.
C. Paths shall be a minimum of five-foot in width.
D. Paths shall be clearly identified (through painting, signage,
texture change).
E. In order to facilitate travel, paths shall not be obstructed by
any object or structure.
F. Paths shall be designed to minimize direct auto-pedestrian
interaction.
G. Paths shall be connected to signalized crosswalks, where
applicable.
H. Paths shall be a direct and convenient route between points
of origin (such as a bus stop) and destination (such as a
shop, bank, etc.) with the following exception: sidewalks
and paths may meander to protect and maintain mature
trees and other permitted landscape features. Meandering
sidewalks are discouraged.
I. Internal walkways (paths) shall be constructed connecting
the public sidewalk along the street to the main entrance of
the principal use of the property.
J. Pedestrian paths shall be colored/textured walkways or
sidewalks.
2. Encouraged Elements - Pedestrian Paths and Public Spaces
A. To increase safety, grade separation is encouraged between
pedestrian paths and motor vehicle access areas.
B. Paths are encouraged to be built alongside interesting and
inviting features. Street furniture is encouraged to be located
adjacent to any path. Street furniture includes, but is not limited
to, benches, pedestrian scale lighting, trash receptacles, and
mailboxes.
C. Community public spaces that promote gathering and have a
park like design with streetscape and hardscape elements are
encouraged.
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.
12H.3.5. Building Size, Orientation, Setback, Height, Scale and Parking. The
design and lay out of a development should build upon and complement
the design of crossroads communities as opposed to creating a new one.
The size, orientation, setback and scale of buildings are integral elements
of crossroads communities. A building’s orientation and placement should
complement and relate to adjacent buildings, structures and properties.
The placement of buildings should create and informal grouping and
relationship between them as opposed to being orderly and uniform. The
location of a building should take into consideration its rural surrounding
and take advantage of this by maintaining open views and spaces.
Buildings should be in proportion, in scale and characteristic to their rural
and natural setting. The building design and material should contribute to
the style and feeling of its rural surrounding. The visual impact of parking
should be minimized by placing it to the rear and by screening
A. Size. Non institutional buildings shall be limited to the following:
1. On a development of four acres or less, the maximum
building size shall be 20,000 square feet. However, to
encourage construction of multiple buildings, if two or
more buildings are built, the total size of all buildings shall
be a maximum of 25,000 square feet, no single one of
which shall exceed 15,000 square feet.
2. On developments larger than four acres, the maximum
building size shall be 25,000 square feet.
3. A group of two or more buildings that share at least one
contiguous wall will be considered as one building.
B. Orientation
1. All buildings shall be oriented to a public street. An
entrance to a building should be located on the side of the
building facing a public street.
2. Driveways shall be perpendicular to the street.
C. Setbacks
1. For all property and lots located adjacent to public rights-
of-way and from 0 to 400 feet from an intersection,
buildings shall be set back no more than twenty (20) feet
from the edge of the required landscape strip and/or
easements. This twenty (20) foot front yard area may be
developed with a combination of landscape and hard-
scape elements, such as plazas, fountains, benches, and
tables. Additional shade tree plantings are encouraged
within public 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.
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
Fulton County Zoning Resolution. Additional reduction in
the number of parking spaces is encouraged.
2. All parking spaces built, which exceed the minimum
number required by the Fulton County Zoning Resolution,
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
building types (see Attachment B).
B. Building Material:
1. Exterior wall materials shall consist predominately (a minimum of
80%) of one or a combination of the following materials:
horizontal clapboard siding; brick; and stone. Vertical clapboard is
permitted on buildings built to look like barns. The brick shall be
hand molded or tumbled to create the appearance of old brick.
2. Accent wall material (no more than 20%) may include glass,
architecturally treated , precast stone. All shall have a natural
appearance and/or a historic appearance.
3. Prohibited exterior building materials are: metal panel systems,
ascast smooth concrete masonry or plain, reinforced concrete slabs,
aluminum or vinyl siding, plywood, mirrored glass, press-wood or
corrugated steel (exceptions: mechanical penthouses & roof
screens).
C. Roof:
1. Permissible roofs types are gable, pyramidal, and hip. Shed roofs
are permitted over porches, additions, and accessory structures.
Roof pitches shall be 8 over 12 to 12 over 12.
2. Roof material shall be made out of the following materials: asphalt
shingle, wood shingle, wood shake, or standing seam metal.
3. Buildings with a minimum gross square footage of 15,000 square
feet are allowed to have a lower pitched roof if they meet all of the
following standards:
a. A decorative parapet or cornice is constructed along all
roof lines with a lower pitch than specified in Section
12H.3.6.C (1).
b. Roof top equipment is screened from public view from all
adjacent public streets.
4. Mansard roofs are not permitted.
D. Windows:
1. Buildings shall have a ratio of openings (e.g., windows and doors)
to solids which ranges from no less than 30 percent to no greater
than 50 percent of the building exterior.
2. For wall sections greater than ten (10) feet wide:
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
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 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 Fulton County 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 Fulton County Zoning
Resolution. Such appeal shall be filed within 30 days after the final
decision of the Department is rendered.
12H.6. EFFECTIVE DATE. Applications for building permits, land disturbance
permits, and sign permits filed on or after the day of adoption of this
resolution shall meet the standards of this Overlay District.
12H.7. ADOPTION. NOW, THEREFORE BE IT RESOLVED, the Fulton
County Board of Commissioners does hereby ordain, resolve, and enact
the foregoing Article XIIH to the Zoning Resolution of Fulton County,
Georgia.
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
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)
ATTACHMENT B
Characteristics of Northwest Fulton Crossroads Communities
The Northwest Fulton Overlay is based on the overall setting and characteristics of the
rural crossroads communities in Northwest Fulton. In order to determine their qualities, a
visual survey was conducted of Crabapple and Birmingham as well as commercial
buildings in Hopewell and Arnold Mill, the main crossroads communities in Northwest
Fulton. Commercial development in Northwest Fulton has been historically located in the
crossroads communities that developed at the intersection of two or more roads. In these
communities, commercial uses are close to the intersection, with institutional uses, such
as churches and schools, next to them and residential uses extending along the roads.
Large tracts of agricultural land, with rural vistas and views, border the residential areas.
These crossroads communities maintain their historic integrity as well as their informal
character, rural atmosphere and charm. Generally, the commercial buildings at the
crossroads are oriented to the street, are close to the street and have varying setbacks
(from zero to twenty feet). Buildings are grouped informally and asymmetrically to each
other to form a village atmosphere. Parking is located to the side or to the rear.
Landscapes and the space between the buildings are informal, asymmetrical, rural and
picturesque. They avoid modern day styles that emphasize ordered plantings, over
planting and often geometric placement. Informality of place provides for human scale,
comfort and a welcoming atmosphere. The setting, the buildings’ design and architectural
details are elements that maintain the value of the communities and contribute to the
sense of place of Northwest Fulton. More than being a place for commerce, they provide
the sense of identity, ownership, community and evolution. Many of the commercial
buildings were built from the late 1800's to the late 1930's in various types and style and
have a rural and agrarian character. The buildings are generally small, one story with a
square or rectangular foot print. Buildings are in scale and in proportion to each other.
The principal building materials are brick and clapboard siding, however, stone is also
used. The roofs are gable or hip and are made out of standing seam metal or asphalt
shingles. Many of these also have a small recessed porch. Several window types are
present including, double-hung sash, casement, fixed and fixed with an arch. In the
double-hung sash windows, the sashes are divided into 6 lights over 6, 4/4 and 2/2. The
windows are in proportion to the building and most have a vertical orientation. The doors
are usually wood paneled doors with glass in the upper half. The entryways and main
facades are more articulated that the rest of the buildings. This is achieved by recessing
the entrance or flanking the door with sidelights and transom lights. The buildings have
limited stylistic elements. Some of the features that are present include: round and square
columns, frieze board, exposed rafter ends, and triangle gable braces.
Crossroads communities blend with their surroundings and thus avoid abrupt beginnings
and endings. Commercial buildings transition into smaller residential buildings. Uses also
transition down from commercial to office and then to residential. Many residential
buildings that extend along the roads are now being used for retail and office. These
residential areas also share similar characteristics: they are one-story, oriented to the
street, often a walkway leads from the street to the front door or from the driveway to the
front door, and the driveway is perpendicular to the street. Parking is to the side or the
rear. The buildings are set back ten to forty feet from the sidewalk. In addition, wood
fences, retaining walls and hedges often define the boundaries of the property.
The houses themselves also have similar characteristics. The principal building material
is wood clapboard siding and some are made out of stone. The common roof forms are
gable, cross gable and hip and are made out of standing seam metal or asphalt shingles.
The houses are raised on a foundation. Most of these also have a front or wrap around
porch. The majority of the windows are double-hung sash with the sashes divided into 6
lights over 6, 3/1 9/9, 1/1 and 2/2. Some have sidelights and transom lights around the
front door and fixed arched windows.
Several house types are present, including: hall parlor, double pen, central hallway, gable
ell cottage, new south cottage, Georgian cottage, bungalow and side gable cottage. House
type refers to the height of the house as well as the general layout of the interior rooms. A
description and layout of each is included in Attachment B.
Many of these houses do not have a high style but rather have a vernacular interpretation
of a style. Style refers to the external ornamentation and the overall form of the house. In
many cases style elements are associated with a certain house type. For instance,
craftsman elements are present in bungalow type houses. The architectural features
present in these houses, by style, are listed below and are discussed in Attachment B.
Greek Revival: frieze board, round columns, Doric columns, flute columns, gable returns,
corner pilasters, dentil molding, pedimented gable.
Queen Anne and Folk Victorian: decorative cut shingles, verge board, turned posts, ionic
columns, porch with turned balusters, frieze board.
Craftsman: wood or brick battered columns on brick or stone piers, exposed rafter ends,
overhanging eaves, gable braces, frieze board, gable returns.
Monument and wall signs are the most common type of signs. Monument signs are
indirectly illuminated rather than having interior illumination. The sign face is made out
of wood. The height ranges from four to seven feet. Wall signs are predominantly made
out of wood. They are placed on buildings or hang perpendicular to buildings. These
signs are indirectly lit as well.
City of Milton
t 115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: January 22, 2007
FROM: City Manager
AGENDA ITEM: Ordinance Establishing the City of Milton Planning Commission
MEETING DATE: Thursday, February 1, 2007 Regular Meeting
BACKGROUND INFORMA TION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY Cl TY MANAGER: APPROVED NOTAPPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES () NO
PLACED ON AGENDA FOR: ,t]AQA.{ L 200�
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
To: Honorable Mayor and City Council Members
From: Tom Wilson, Community Development Director
Date: January 18, 2007 for Submission onto the February 1, 2007 City Council
Meeting
Agenda Item: Ordinance Establishing the City of Milton Planning Commission
CMO (City Manager’s Office) Recommendation:
To approve the attached ordinance establishing the City of Milton Planning Commission.
Background:
The Milton City Charter (House Bill 1470 as passed by the House and Senate) states the City
shall create by ordinance any such boards, commissions, and authorities to fulfill any
investigative, quasi-judicial, or quasi-legislative function the City Council deems necessary and
shall, by ordinance, establish the composition, period of existence, duties and powers thereof.
Discussion:
The attached ordinance establishes the City of Milton Planning Commission. This Commission
is a seven member advisory board which reports its findings and recommendations to the Mayor
and City Council. The Commission is charged with upholding the policies of the City of Milton
Comprehensive Plan when reviewing rezonings, use permits, concurrent variances, and
changes to the City of Milton Zoning Ordinance, associated Zoning Map and Comprehensive
Plan.
Once the Commission is seated and at its first meeting, the Commission shall elect one of its
members as chairperson and one member as vice-chairperson. The Commission shall
establish bylaws not inconsistent with the charter or other ordinances of the city or law, as it
deems appropriate and necessary for the fulfillment of its duties. Copies of the bylaws shall be
filed with the Clerk of the City. The City Staff liaison for the Planning Commission is the
Community Development Director.
Appointment
For the Planning Commission, each Councilperson and the Mayor shall nominate his or her
designee for one of the seven positions on the Commission. The Mayor’s designee shall reside
anywhere within the City. Each of the councilperson’s designees shall reside within his or her
respective council district and shall be confirmed by a majority vote of the City Council.
Members of the Commission shall be a minimum of 21 years of age and be a United States
citizen or legal resident. Any member of the Commission may be removed from office for cause
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
by a vote of the City Council. Any vacancy shall be filled for the unexpired term in the same
manner as discussed above.
Terms of Commissioners
Each Commission member will serve concurrently with their respective Councilperson.
Districts 2, 4, and 6 – 1 (one) year term expiring 12/31/07; after that the term will last for four
years
Districts 1, 3, and 5 and the Mayor – 3 (three) year term expiring 12/31/09; after that the term
will last for four years
Compensation
The City Council may provide for the reimbursement for actual and necessary expenses of the
members of the Planning Commission.
Alternatives:
There are no reasonable alternatives to this ordinance.
Concurrent Review:
Aaron J. Bovos, CGFM, CTP, City Manager
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE# _____
AN ORDINANCE TO ESTABLISH THE CITY OF MILTON PLANNING COMMISSION
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regular called council
meeting on ___________as follows:
SECTION 1. The Milton City Charter provides that the City Council may create by
ordinance a Planning Commission.
SECTION 2. This Planning Commission is a seven member advisory board which
reports its findings and recommendations to the Mayor and City Council;
SECTION 3, The Commission is charged with upholding the policies of the City of
Milton Comprehensive Plan when reviewing rezonings, use permits, concurrent
variances, and changes to the City of Milton Zoning Ordinance and associated Zoning
Map.
SECTION 3. That each Councilperson and the Mayor shall nominate his or her designee
for one of the seven positions on the Commission;
SECTION 4. The Mayor’s designee shall reside anywhere within the City and each of
the Councilperson’s designees shall reside within his or her respective council district;
SECTION 5. The designees shall be confirmed by a majority vote of the City Council;
SECTION 6. The members of the Commission shall be a minimum of 21 years of age
and be a United States citizen or legal resident. Any member of the Commission may be
removed from office for cause by a vote of the City Council;
SECTION 7. The members of the Commission shall serve concurrently with their
respective Councilperson as follows:
Districts 2, 4, and 6 – 1 (one) year term expiring 12/31/07; after that the term will last for
four years
Districts 1, 3, and 5 and the Mayor – 3 (three) year term expiring 12/31/09; after that the
term will last for four years;
SECTION 8. The City Council shall only provide for the reimbursement for actual and
necessary expenses of the Planning Commission;
SECTION 9. All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 10. That this Ordinance shall become effective upon its adoption.
ORDAINED this the ____day of February, 2007.
__________________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: January 22, 2007
FROM: City Manager
FT
AGENDA ITEM: Ordinance Establishing the City of Milton Northwest Fulton Overlay
District Design Review Board
MEETING DATE: Thursday, February 1, 2007 Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY 0 TY MANAGER: ( APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES
PLACED ON AGENDA FOR: (tH Wq I, 2,!�:o--7
REMARKS:
() NOTAPPROVED
( NO
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
To: Honorable Mayor and City Council Members
From: Tom Wilson, Community Development Director
Date: January 18, 2007 for Submission onto the February 1, 2007 City Council
Meeting
Agenda Item: Ordinance Establishing the City of Milton Northwest Fulton Overlay District
Design Review Board
CMO (City Manager’s Office) Recommendation:
To approve the attached ordinance establishing the City of Milton Northwest Fulton Overlay
District Design Review Board.
Background:
The Milton City Charter (House Bill 1470 as passed by the House and Senate) states the city
shall create by ordinance any such boards, commissions, and authorities to fulfill any
investigative, quasi-judicial, or quasi-legislative function the City Council deems necessary and
shall, by ordinance, establish the composition, period of existence, duties and powers thereof.
Article 12H.2 of the City of Milton Zoning Ordinance mandates the creation of the Northwest
Fulton District Design Review Board (NWFDRB) also known as the City of Milton Design
Review Board which shall consist of 7 members.
Discussion:
The attached ordinance establishes the City of Milton Northwest Fulton District Design Review
Board. This Board will consist of seven members as discussed above. The Board is charged to
review all non-residential plans for development within the Northwest Fulton Overlay Zoning
District, Crabapple and Birmingham Crossroads Overlay Districts for compliance with the
standards within the Zoning Ordinance. After its review, the Board shall make recommendations
to the Community Development Department prior to the approval of a Land Disturbance Permit,
Building Permit or Primary Variance.
Once the Board is seated and at its first meeting, the Board shall elect one of its members as
chairperson and one member as vice-chairperson. The Community Development Director shall
serve as the staff liaison.
Appointment
For the Design Review Board, each Councilperson and the Mayor shall nominate his or her
designee for one of the seven positions on the Board. Each of the councilperson’s designees
shall be a resident, own land within the city or be a business owner, professional architect and
/or land planner, who either maintain primary residence and/or business within his or her
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
respective council district; the Mayor’s designee shall reside or own a business anywhere within
the City. All seven members shall be confirmed by a majority vote of the City Council. Members
of the Board shall be a minimum of 21 years of age and be a United States citizen or legal
resident. Any member of the Board may be removed from office for cause by a vote of the City
Council. Any vacancy shall be filled for the unexpired term in the same manner as discussed
above.
Terms of the Board
Each Board member will serve concurrently with their respective Councilperson.
Districts 2, 4, and 6 – 1 (one) year term expiring 12/31/07; after that the term will last for four
years
Districts 1, 3, and 5 and the Mayor – 3 (three) year term expiring 12/31/09; after that the term
will last for four years
Compensation
The City Council may provide for the reimbursement for actual and necessary expenses of the
members of the Design Review Board.
Alternatives:
There are no reasonable alternatives to this ordinance.
Concurrent Review:
Aaron J. Bovos, CGFM, CTP, City Manager
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE# _____
AN ORDINANCE TO ESTABLISH THE NORTHWEST FULTON OVERLAY DISTRICT
DESIGN REVIEW BOARD
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regular called council
meeting on ___________as follows:
SECTION 1. The Milton City Charter provides that the city may create and the City of Milton
Zoning Ordinance requires the City Council to create by ordinance a Northwest Fulton Overlay
District Design Review Board;
SECTION 2. This Northwest Fulton Overlay District Design Review Board is a seven
member advisory board which reports its findings and recommendations to the Community
Development Director;
SECTION 3, The Board is charged to review all non-residential plans for development within the
Northwest Fulton Overlay Zoning District, Crabapple and Birmingham Crossroads Overlay Districts
for compliance with the standards within the Zoning Ordinance;
SECTION 4, The Board shall make recommendations to the Community Development Department
prior to the approval of a Land Disturbance Permit, Building Permit of Primary Variance;
SECTION 5. That each Councilperson and the Mayor shall nominate his or her designee for one of
the seven positions on the Board;
SECTION 6. The Mayor’s and Councilperson’s designee shall be residents, own land, be business
owners, professional architects and/or land planners, who either maintain primary residence and/or
businesses anywhere within the City and each of the Councilperson’s designees shall reside within his
or her respective council districts;
SECTION 7. The designees shall be confirmed by a majority vote of the City Council;
SECTION 8. The members of the Board shall be a minimum of 21 years of age and be a United
States citizen or legal resident. Any member of the Board may be removed from office for cause by a
vote of the City Council;
SECTION 9. The members of the Board shall serve concurrently with their respective Councilperson
as follows:
Districts 2, 4, and 6 – 1 (one) year term expiring 12/31/07; after that the term will last for four
years
Districts 1, 3, and 5 and the Mayor – 3 (three) year term expiring 12/31/09; after that the term will
last for four years;
SECTION 10. The City Council may provide for the reimbursement for actual and necessary
expenses of the Board;
SECTION 11. All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 12. That this Ordinance shall become effective upon its adoption.
ORDAINED this the ____ day of February, 2007
_________________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
h
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: January 22, 2007
FROM: City Manager
AGENDA ITEM: Ordinance Establishing the City of Milton Board of Zoning Appeals
MEETING DATE: Thursday, February 1, 2007 Regular Meeting
BACKGROUND INFORMATION., (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ( APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES k NO
PLACED ON AGENDA FOR: mu vuod 11 20o-7
REMARKS:
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
To: Honorable Mayor and City Council Members
From: Tom Wilson, Community Development Director
Date: January 18, 2007 for Submission onto the February 1, 2007 City Council
Meeting
Agenda Item: Ordinance Establishing the City of Milton Board of Zoning Appeals
CMO (City Manager’s Office) Recommendation:
To approve the attached ordinance establishing the City of Milton Board of Zoning Appeals.
Background:
The Milton City Charter (House Bill 1470 as passed by the House and Senate) states the City
shall create by ordinance any such boards, commissions, and authorities to fulfill any
investigative, quasi-judicial, or quasi-legislative function the City Council deems necessary and
shall, by ordinance, establish the composition, period of existence, duties and powers thereof.
Article 22.14 of the City of Milton Zoning Ordinance mandates the creation of the Board of
Zoning Appeals (BZA).
Discussion:
The attached ordinance establishes the City of Milton Board of Zoning Appeals. This Board
consists of seven members. The Board is charged to hear and decide on requests for relief from
the provisions of the City of Milton Zoning Ordinance. The BZA also considers appeals of any
decision and interpretations made by the Community Development Director.
Once the Board is seated and at its first meeting, the Board shall elect one of its members as
chairperson for a one-year term. The chairperson may serve an unlimited number of one-year
terms. The Board shall establish bylaws not inconsistent with this charter or other ordinances of
the city or law, as it deems appropriate and necessary in keeping with the provisions of the
Zoning Ordinance. Copies of the bylaws shall be filed with the Clerk of the City. The Community
Development Director shall serve as Secretary to the Board of Zoning Appeals. The Secretary
shall keep minutes of proceedings, showing the vote of each member upon each question; and
shall keep records of evidence, examinations and official actions, all of which shall be filed and
shall be a public record.
Appointment
Each Councilperson and the Mayor shall nominate his or her designee for one of the seven
positions on the Board. The Mayor’s designee shall reside anywhere within the City. Each of the
councilperson’s designees shall reside within his or her respective council district and shall be
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
confirmed by a majority vote of the City Council. Members of the Board shall be a minimum of
21 years of age and be a United States citizen or legal resident. Any member of the Board may
be removed from office for cause by a vote of the City Council. Any vacancy shall be filled for
the unexpired term in the same manner as discussed above.
Terms of the Board
Each Board member will serve concurrently with their respective Councilperson.
Districts 2, 4, and 6 – 1 (one) year term expiring 12/31/07; after that the term will last for four
years
Districts 1, 3, and 5 and the Mayor – 3 (three) year term expiring 12/31/09; after that the term
will last for four years
Compensation
The City Council may provide for the reimbursement for actual and necessary expenses of the
members of the Board of Zoning Appeals.
Alternatives:
There are no reasonable alternatives to this ordinance.
Concurrent Review:
Aaron J. Bovos, CGFM, CTP, City Manager
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO ESTABLISH THE CITY OF MILTON
BOARD OF ZONING APPEALS
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regular called council
meeting on ___________as follows:
SECTION 1. The Milton City Charter provides that the City Council may create by
ordinance a Board of Zoning Appeals and the City of Milton Zoning Ordinance requires
the City Council to create the Board of Zoning Appeals.
SECTION 2. The Board shall hear and decide on requests for relief from the provisions
of the City of Milton Zoning Ordinance and consider appeals of variance decisions and
interpretations made by the Community Development;
SECTION 3. That each Councilperson and the Mayor shall nominate his or her designee
for one of the seven positions on the Board;
SECTION 4. The Mayor’s designee shall reside anywhere within the City and each of
the Councilperson’s designees shall reside within his or her respective council district;
SECTION 5. The designees shall be confirmed by a majority vote of the City Council;
SECTION 6. The members of the Board shall be a minimum of 21 years of age and be a
United States citizen or legal resident. Any member of the Board may be removed from
office for cause by a vote of the City Council;
SECTION 7. The members of the Commission shall serve concurrently with their
respective Councilperson as follows:
Districts 2, 4, and 6 – 1 (one) year term expiring 12/31/07; after that the term will last for
four years
Districts 1, 3, and 5 and the Mayor – 3 (three) year term expiring 12/31/09; after that the
term will last for four years;
SECTION 8. The City Council shall provide for the reimbursement for actual and
necessary expenses of the Board;
SECTION 9. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 10. That this Ordinance shall become effective upon its adoption.
ORDAINED this the ____ day of February, 2007
____________________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: January 22, 2007
FROM: City Manager
AGENDA ITEM: Ordinanc Establishing the City of Milton Construction Board of
Adjustment and Appeals
MEETING DATE: Thursday, February 1, 2007 Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES (YNO
PLACED ON AGENDA FOR: 2r7
REMARKS: I
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
To: Honorable Mayor and City Council Members
From: Tom Wilson, Community Development Director
Date: January 18, 2007 for Submission onto the February 1, 2007 City Council
Meeting
Agenda Item: Ordinance Establishing the City of Milton Construction Board of Adjustment and
Appeals
CMO (City Manager’s Office) Recommendation:
To approve the attached ordinance establishing the City of Milton Construction Board of
Adjustment and Appeals.
Background:
The Milton City Charter (House Bill 1470 as passed by the House and Senate) states the City
shall create by ordinance any such boards, commissions, and authorities to fulfill any
investigative, quasi-judicial, or quasi-legislative function the City Council deems necessary and
shall, by ordinance, establish the composition, period of existence, duties and powers thereof.
The Milton City Code, Chapter 9, Section 9 requires the Construction Board of Adjustment and
Appeals.
Discussion:
The attached ordinance establishes the City of Milton Construction Board of Adjustment and
Appeals. Pursuant the Milton City Code, Chapter 9, Section 9 the CBAA shall be comprised of
7 members.
The Construction Board of Adjustment and Appeals shall have the power to hear the appeals of
decisions and interpretations of the Building Official (The Community Development Director)
and consider variances to the construction codes. The City Staff liaison for the Board is the
Building Official.
Appointment
For the Board, each Councilperson and the Mayor shall nominate his or her designee for one of
the seven members. The Mayor’s designee shall reside anywhere within the City. Each of the
councilperson’s designees shall reside within his or her respective council district and shall be
confirmed by a majority vote of the City Council. Members of the Board shall be a minimum of
21 years of age and be a United States citizen or legal resident. Any member of the Board may
be removed from office for cause by a vote of the City Council. Any vacancy shall be filled for
the unexpired term in the same manner as discussed above.
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Terms of the Board
Each Board member will serve concurrently with their respective Councilperson.
Districts 2, 4, and 6 – 1 (one) year term expiring 12/31/07; after that the term will last for four
years
Districts 1, 3, and 5 and the Mayor – 3 (three) year term expiring 12/31/09; after that the term
will last for four years
Compensation
The City Council may provide for the reimbursement for actual and necessary expenses of the
members of the Board.
Alternatives:
There are no reasonable alternatives to this ordinance.
Concurrent Review:
Aaron J. Bovos, CGFM, CTP, City Manager
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE# _____
AN ORDINANCE TO ESTABLISH THE CITY OF MILTON CONSTRUCTION
BOARD OF ADJUSTMENT AND APPEALS
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regular called council
meeting on ___________as follows:
SECTION 1. The Milton City Charter provides that the City Council may create by
ordinance a Construction Board of Adjustment and Appeals;
SECTION 2. The Board is charged with the power to hear the appeals of decisions and
interpretations of the Building Official and consider variances to the construction codes;
SECTION 3. That each Councilperson and the Mayor shall nominate his or her designee
for one of the seven positions on the Board;
SECTION 4. The Mayor’s designee shall reside anywhere within the City and each of
the Councilperson’s designees shall reside within his or her respective council district;
SECTION 5. The designees shall be confirmed by a majority vote of the City Council;
SECTION 6. The members of the Board shall be a minimum of 21 years of age and be a
United States citizen or legal resident. Any member of the Board may be removed from
office for cause by a vote of the City Council;
SECTION 7. The members of the Board shall serve concurrently with their respective
Councilperson as follows:
Districts 2, 4, and 6 – 1 (one) year term expiring 12/31/07; after that the term will last for
four years
Districts 1, 3, and 5 and the Mayor – 3 (three) year term expiring 12/31/09; after that the
term will last for four years;
SECTION 8. The City Council shall provide for the reimbursement for actual and
necessary expenses of the Board;
SECTION 9. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 10. That this Ordinance shall become effective upon its adoption.
ORDAINED this the ____ day of February, 2007.
________________________________
Joe Lockwood, Mayor
Attest:
__________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: January 22, 2007
FROM: City Manager
AGENDA ITEM: Ordinance Es blishing the City of Milton Alcohol Beverage License
Review Board
MEETING DATE: Thursday, February 1, 2007 Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: P APPROVED () IVO T APPRO VED
CITY A TTORNEY APPROVAL REQUIRED: () YES NO
PLACED ON AGENDA FOR: VEL -2
REMARKS:
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
To: Honorable Mayor and City Council Members
From: Carol Wolfe, Director of Operations
Date: January 22, 2007 for Submission onto the February 1, 2007 City Council
Meeting
Agenda Item: Ordinance Establishing the City of Milton Alcohol Beverage License Review
Board
CMO (City Manager’s Office) Recommendation:
Recommend approval of the attached ordinance establishing the City of Milton Alcohol
Beverage License Review Board.
Background:
The City of Milton Code, Chapter 7 states the City shall create a License Review Board that will
hear deferred cases and appeals with regards to the issuance of alcohol and beverage licenses.
This Code also outlines the appeal process for applicants and licensees if this license is denied
or revoked.
Discussion:
The attached ordinance establishes the City of Milton Alcohol Beverage License Review Board.
This Board consists of five members. The Board is charged to hear and decide on all matters
affecting the application or appeal process based on administrative decisions by the City
Manager, to hear appeals with regard to the issuance of employee work permits, to hear all
matters with regard to the revocation or suspension of a license, or to consider and act upon
any other matter specifically delegated to the Board by City ordinance, resolution or action of
the Council.
Applicants or licensees are to be given written notice of the date, time and place when the
Board will consider the matter and will be afforded the opportunity to be heard by the Board.
Ten (10) days notice is given for Board review.
The Board may order the license to sell or serve alcoholic beverages be suspended or revoked
if the evidence so warrants. All decisions of the Board shall be in writing and a copy furnished
to the applicant or licensee. The decision of the Board is final unless the applicant or licensee
files an appeal with the City Clerk within ten (10) days of the date of its written decision. The
Council then conducts a de novo hearing at a regularly scheduled meeting within thirty (30)
days of the filing of the appeal and a decision rendered not later than its next regular meeting.
The decision of the Council is final unless the applicant or licensee applies to the Superior Court
of Fulton County by filing a Writ of Certiorari within thirty (30) days of the decision rendered by
the Council.
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Three members of the Board shall constitute a quorum and all decision of the Board shall
constitute a majority of the quorum. Minutes and records of all proceedings shall be kept and
maintained in the office of the City Clerk.
Appointment and Terms
The Mayor shall appoint five (5) members to the board. The recommendation for the members
of the Board by position are:
Director of Operations
Director of Community Development
Director of Public Safety
City Clerk
City Attorney
Alternatives:
There are no reasonable alternatives to this ordinance.
Concurrent Review:
Aaron J. Bovos, CGFM, CTP, City Manager
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE# _____
AN ORDINANCE TO ESTABLISH THE CITY OF MILTON
ALCOHOL BEVERAGE LICENSE REVIEW BOARD
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regular called council
meeting on ___________as follows:
SECTION 1. The Milton City Code Chapter 7, Alcoholic Beverages, establishes the Mayor
to appoint a License Review Board consisting of five (5) board members to hear appeals regarding
suspended or revoked licenses.
SECTION 2. The Alcohol Beverage License Review Board is a five (5) member
review board which
(1) Hears deferred applications or appeals from administrative decisions by the City
Manager with regard to issuance of licenses, transfers, renewals, change of ownership or
other matters affecting such licenses.
(2) Hears appeals with regard to issuance or renewal of employee work permits.
(3) Hears any matter involving revocation or suspension of a license or other disciplinary
action against a licensee, or employee under a work permit.
(4) Consider and act upon any other matter specifically delegated to the Board by City
ordinance, resolution or action of the Council.
SECTION 3. The Board is charged with upholding the policies of the City
of Milton’s Alcohol License and Pouring Permits as established in the City of Milton Code Chapter 7.
SECTION 4. That each Board member is defined by position with the positions serving in
areas of expertise relating the areas defined in Chapter 7.
SECTION 5. The members of the Board shall consist of the Director of Operations, the
Director of Public Safety, the Director of Community Development, the City Clerk and the City
Attorney.
SECTION 6. All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 7. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 15th day of February, 2007
__________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette Marchiafava, City Clerk
(Seal)
/1
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
CITY COUNCIL AGENDA ITEM
TO: City Council
DATE: January 22, 2007
FROM: City Manager
AGENDA ITEM: Ordinance to Amend Chapter 2, Administration, Article 1, Section 'l,
Meeting Times, of the City of Milton Code of Ordinances
MEETING DATE: Thursday, February 1, 2007 Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES P NO
PLACED ON AGENDA FOR: �fWAtbq r!
REMARKS:
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
To: Honorable Mayor and City Council Members
From: Jeanette Marchiafava, City Clerk and Clerk of Court
Date: January 22, 2007 for Submission onto the February 1, 2007 City Council
Meeting
Agenda Item: Ordinance to Amend Chapter 2, Administration, Article 1, Section 1, Meeting
Times, of the City of Milton Code of Ordinances
CMO (City Manager’s Office) Recommendation:
To approve the attached ordinance amending the City of Milton Code of Ordinances, Chapter 2,
Administration, Meeting Times.
Background:
Chapter 2, Article 1, Section 1, of the City Code of ordinances establishes and outlines the
meeting times of the City of Milton Council meetings. The City’s charter, House Bill 1470,
Article III, Section 3.13, establishes meeting times. Due to the change in the Rules of
Procedures at the regular meeting on January 18, 2007, the meeting time for City Council
meetings was changed to 7:00 PM. Additionally, the governing body approved City Council
Work Sessions on the second Thursday of the month at 5:30 PM.
Discussion:
The attached ordinance amends Chapter 2, Article 1, Section 1, to reflect the time change and
the addition of the City Council monthly work sessions.
Alternatives:
There are no reasonable alternatives to this ordinance.
Concurrent Review:
Aaron J. Bovos, CGFM, CTP, City Manager
ORDINANCE# _____
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO AMEND CHAPTER 2, ADMINISTRATION, MEETING TIMES,
OF THE CITY OF MILTON CODE OF ORDINANCES
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on February ____ 2007 at 7:00 p.m. as follows:
SECTION 1. That the Ordinance relating to amending Chapter 2, Administration, Meeting
Times, of the City of Milton Code of Ordinances, is hereby adopted and approved; and is
attached hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are
hereby repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the ____ day of February, 2007
_____________________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
Chapter 2: Administration
Article 1: General Provisions
Section 1: Meeting Times
(a) As described in the City of Milton Charter, Article III, Organization of
Government, General Authority and Ordinances, Section 3.13, Meetings, the
Council shall meet on the first and third Thursday of the month at 5:30 7:00 p.m.
The Council shall meet on the second Thursday of the month for a Work Session
at 5:30 P.M. The Council may designate alternative meeting times and days so
long as the time is published either electronically on the City website or through
other means, including posting at the building designated as City Hall at least 24
hours before the meeting.
(b) If the regular meeting falls on a City observed holiday, the Council may
reschedule the meeting to the next Thursday, or any day which is conducive to a
meeting, and publish the time change as described in subsection (a) of this
section.
(c) Special meetings may be called in accordance with the Charter, Article III,
Organization of Government, General Authority and Ordinances, Section 3.13,
Meetings.
(d) Any meeting of the Council may be continued or adjourned from day to day, or
for more than 1 day, but no adjournment shall be for a longer period than until
the next regular meeting thereafter.
(e) The initial meeting of the Council shall occur on November 14, 2006.
Section 2: Compliance with State Law
(a) All meetings shall be held in accordance with the Georgia Open and Public
Meetings Act codified at O.C.G.A. § 50-14-1 et seq.
(b) All City records subject to the Georgia Open Records Act, codified at O.C.G.A.
50-18-70 et seq, shall be available to the public. The City Clerk shall comply
with any valid requests under the Georgia Open Records Act and prepare any
materials requested.
Section 3: Document Retention
Pursuant to the Georgia Records Act, O.C.G.A. § 50-18-90 et seq, and the Record
Retention Policy within the Financial Management Program, the City of Milton adopts the
records management plan and record retention schedules recommended by the Georgia
Secretary of State as amended from time to time by future ordinances of the Mayor and Council
of the City of Milton. Pursuant to the Record Retention Policy within the Financial
Page 1 of 6
Management Program, the City Clerk shall coordinate all records management for the City
including storage, archiving, and destruction of records. Records shall be maintained according
to approved retention schedules. All requests made under the Georgia Open Records Act,
O.C.G.A. § 50-18-70 et seq, excepting standardized routine requests of the City of Milton
Police Department, the City of Milton Fire Department, and the City of Milton Municipal Court
shall be made to the City Clerk. No record shall be destroyed except as provided in the
approved Record Retention Policy; provided, however, a written record may be destroyed if it
is otherwise preserved by means of microfiche, scanning, or other reliable photographic or
digital means as permitted by law. Changes to the retention schedules shall be adopted by
ordinance of the Mayor and Council.
Section 4: Fees
The City Clerk shall charge the full amount permitted by
Georgia law to copy the records subject to the Georgia Open
Records Act. If compilation and replication of such documents
takes more than 15 minutes, the City Clerk may charge an
additional reasonable administrative charge.
Section 5: Subpoenas
(a) The Council, when sitting as a judicial or quasi-judicial body pursuant to public
law, its charter, or its ordinances, shall compel the attendance of witnesses by
subpoena under the same rules as prevail in the superior courts, and any witness
who shall fail to respond to the subpoena, or who shall refuse to testify under
oath, shall be guilty of contempt.
(b) The subpoenas as authorized in the preceding section shall bear witness in the
name of the Mayor; shall be issued by the City Clerk; and shall be served by the
Chief of Police, any police officer, or by such other person as the Mayor may
designate.
(c) Should any person fail to respond to a subpoena of the Council, after having
been lawfully served, without good cause, or should the person refuse to testify
under oath, then the Council shall hold the person in contempt, and, in their
discretion, punish the person by the imposition of a fine according to the
maximum allowed by state law. Each of the failures or refusals herein described
shall constitute a separate contempt.
Section 6: Reimbursement and Travel
(a) The Mayor and Council Members shall be reimbursed for their own reasonable
expenses consistent with the Elected Officials Expenditure Policy within the
Financial Management Program.
Page 2 of 6
(b) The City shall reimburse the Mayor or Council members for travel expenses
consistent with the Elected Officials Expenditure, Travel and Meal Expenditure,
and Expense/Expenditure Policies of the Financial Management Program.
Article 2: Personnel
Section 1: Personnel Manual
The City Manager shall establish a personnel manual for
all municipal employees. In addition to sections deemed
necessary by the City Manager, the manual shall include
policies regarding equal employment opportunity,
nondiscrimination, and sexual harassment. The manual will be
updated from time to time as required by federal and state
laws.
Section 2: Employees
(a) In general, municipal employees shall be categorized as full-time, part-time or
by terms decided by contract with the City. Employees will be paid on a
schedule consistent with the operating cycle of the organization.
(b) The City Manager shall have the authority to enter into contractual employment
relationships between the City and third parties. The terms of these third party
contracts will be established by the contract at the time of hiring. Procurement of
such relationships shall be made in accordance with the City’s Purchasing
Policies within the Financial Management Program.
Section 3: Job Descriptions
The City shall maintain a job specification for each
position held by a Municipal Employee. The City may provide a
job specification for contracted positions. Such specification
shall describe the duties of the position, the qualifications
necessary, licenses required, to whom such employee reports,
expected salary range, and such other information as is
necessary to recruit for such position effectively. Such
specifications may be amended from time to time by the City
Manager.
Section 4: Benefits
It shall be the policy of the City of Milton to attract
and retain a qualified workforce through the provision of a
comprehensive package of benefits. To that end, the City shall
be authorized to contract with benefits providers for the
purpose of providing insurance, retirement, pension plans and
Page 3 of 6
other benefits deemed necessary by the Council upon approval of
the Personnel Policies by the City Council. Eligibility for
benefits shall be specified in the Personnel Manual. The cost
of benefits to employees shall be specified in the annual
financial plan, as adopted by ordinance for the City.
Section 5: Records
The City shall keep such records and make such reports as
may be required by applicable state or federal laws or
regulations.
Article 3: City Advisory Boards, Commissions, and Authorities
Section 1: Authorization
The Council may establish boards, commissions, and
authorities pursuant to the City’s Charter, Article IV,
Administrative Affairs, Section 4.11, Boards. The City Manager
or a designee shall oversee the meetings of each board,
commission, or authority and is an ex-officio, non-voting,
member of each.
Section 2: Duties
(a) Each board, commission, or authority shall, from time to time, propose policies
and ordinances to the Council in the subjects germane to the board, commission,
or authority.
(b) This section shall not be interpreted to require Committee approval for a
measure to be heard before the Council.
(c) Members must attend two-thirds of meetings in a calendar year. Failure to do so
warrants removal from the Committee by the Council.
Section 3: Membership
(a) Except as provided in subsection (b) below, the Council shall establish
qualifications for members of each board, commission, or authority. Each
member of a board, commission, or authority, other than members of the
Council, shall be nominated in accordance with Article IV, Administrative
Affairs, Section 4.11, Boards.
(b) Each board, commission, or authority member must be a resident of the City of
Milton. Should the Committee member move out of the City, he or she may
remain active until the Mayor and Council appoint his or her replacement.
Section 4: Terms
Page 4 of 6
(a) Each board, commission, or authority member shall serve a specified term
pursuant to Article IV, Administrative Affairs, Section 4.11, Boards. Should no
term specification be provided during the creation of a board, commission, or
authority, no member shall serve for more than four (4) years. Consecutive
terms are permissible.
Section 5: Compensation
Board, commission, or authority members shall be
compensated in accordance with Article IV, Administrative
Affairs, Section 4.11. Should no compensation be provided
during the creation of a board, commission, or authority,
members of such boards, commissions, or authorities shall serve
without compensation.
Section 6: Quorum
A majority of actual board, commission, or authority
members establishes a quorum. Any action taken requires a
majority of affirmative votes of the quorum present.
Section 7: Procedure
(a) Each of the boards, commissions, or authorities shall make its own rules of
procedure and determine its time of meetings. The date and time of each
meeting as well as agenda items to be considered shall be publicized in the same
manner as meetings of the Mayor and Council.
(b) All meetings at which official action is taken shall be open to the public and all
records maintained by the board, commission, or authority shall be public
records unless expressly excepted by a provision of the Georgia Open Records
Act. The boards, commissions, and authorities shall keep minutes of their formal
proceedings, showing the vote of each member upon each question; and records
of their examinations and other official actions, all of which shall be filed in the
office of the City Clerk. Copies of the minutes shall be made available to the
Mayor and each member of the City Council. The minutes of the meetings shall
be a public record. This section shall not be construed as prohibiting closed
sessions when permitted by the Georgia Open Meetings and Open Records Acts.
(c) Expenditures of boards, commissions, or authorities, if any, shall be within the
amounts appropriated for the purpose intended by the Mayor and Council during
the annual budgeting process.
Section 8: Training
The Council may establish a mandatory training program for
members of any board, commission, or authority..
Page 5 of 6
Article 4: City Departments
Section 1: Authorization
The following departments are hereby established by the
Council:
(a) Mayor and City Council;
(b) City Manager’s Office;
(c) City Treasurer’s Office and Department of Operations;
(d) City Clerk’s Office and Municipal Court;
(e) Community Development;
(f) Community Services; and
(g) Public Safety.
Section 2: Right of Contract
The City may contract with third parties to provide all or
portions of the functions of any municipal department.
Section 3: Oversight
(a) At the election of the City manager each department shall have a Department
Head or its equivalent. That Department Head shall be responsible for the day-
to-day management of each department and shall report and make
recommendations to the City Manager from time to time.
(b) The City Manager or his designate shall supervise each department.
Page 6 of 6
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE# _____
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO AMEND ARTICLES 19 AND 33 OF THE
CITY OF MILTON ZONING ORDINANCE
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on ________________ at 7:00 p.m. as follows:
SECTION 1. That the Ordinance relating to Amending Article 19.4.1 and 19.4.2 of the
City of Milton Zoning Ordinance, as they relate to Adult Book Stores and Adult
Entertainment Establishments, is hereby adopted and approved; and is attached hereto as if
fully set forth herein, and
SECTION 2. That the Ordinance relating to Amending Article 33, Section 25 (G) of the
City of Milton Zoning Ordinance, as it relates to Sign Restrictions Based on Location within
the C-1 Commercial District, is hereby adopted and approved; and is attached hereto as if
fully set forth herein, and
SECTION 3. All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 4. That this Ordinance shall become effective upon its adoption.
ORDAINED this the _____ day of February, 2007.
____________________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
ARTICLE XIX
Amended 07/07/99 (Z97-60), 07/02/03 (2003Z -0048)
Section 19.4
Use Permits
19.4. MINIMUM USE PERMIT STANDARDS.
19.4.1. ADULT BOOK STORE. (Added 06/05/96, Amended 07/07/99, Amended
07/02/03)
INTENT AND FINDINGS.
It is the intent of this article to regulate the place of operation of Adult Book
Stores as defined in this Resolution. The Board of Commissioners finds, based
upon an October, 1980, study by the Minnesota Crime Prevention Center, Inc.,
Minneapolis, Minnesota, entitled An Analysis of the Relationship Between Adult
Entertainment Establishments, Crime, and Housing Values, that adult book stores
are significantly related to diminishing market values of neighboring residential
areas, that adult book stores should not be located in residential areas, and that
adult book stores should be permitted only in locations that are at least 1/10 mile,
or approximately 500 feet, from residential areas.
The Board further finds, based upon a June, 1978, study by the Division of
Planning of the St. Paul, Minnesota, Department of Planning and Economic
Development and the Community Crime Prevention Project of the Minnesota
Crime Control Planning Board entitled Effects on Surrounding Area of Adult
Entertainment Businesses in Saint Paul, that the presence of adult book stores
correlates with a decreasing market value of neighboring residential areas, that
adult book stores tend to locate in areas of poorer residential condition, tend to be
followed by a relative worsening of the residential condition, and that more than
two adult entertainment businesses in an immediate area is associated with a
statistically significant decrease in residential property market value, and that
such a concentration of adult entertainment businesses in a given area should be
discouraged. The Board also finds that such worsening of residential conditions
will adversely affect uses found in residential areas or in the proximity of
residential areas, such as public recreational facilities, public or private
institutional uses, churches, schools, universities, colleges, trade-schools,
libraries, and day care centers.
The Board further finds, based upon a May 19, 1986, land use study conducted in
Austin, Texas, that an adult book store within one block of a residential area
decreases the market value of homes, that adult book stores are considered a sign
of decline by lenders, making underwriters hesitant to approve the 90-95%
financing many home buyers require, and that patrons of adult book stores tend to
be from outside the immediate neighborhood in which the adult book store is
located.
The Board further finds, based upon a March 3, 1986, study conducted by the
Oklahoma City, Oklahoma, Community Development Department entitled Adult
Entertainment Businesses in Oklahoma City - A Survey of Real Estate
Appraisers, that an adult bookstore will have a negative effect on residential
property market values if it is located closer than one block to residential uses.
The Board further finds that the proposed amendment to the zoning resolution
regarding regulation of adult book stores has been carefully considered by a
workgroup of County staff drawn from the areas of law enforcement, land use,
land planning, and law; by the Community Zoning Board at public meetings
where public comment was available; and by a committee of citizens with
expertise in law, real estate, land use, and other disciplines, who have reviewed
the amendment particularly with respect to its provisions relating to the effects of
adult book stores on market values of residential and other property, and that the
information gathered and results of this informal study support the need for these
development standards.
This section is intended to be a carefully tailored regulation to minimize the
adverse land use impacts caused by the undesirable secondary effects of adult
bookstores, and the Board of Commissioners finds that restricting adult book
stores to industrially zoned areas and imposing development standards can
legitimately regulate adult book stores by establishing zones where adult book
stores are most compatible with other uses or the surrounding neighborhood, and
by requiring minimum distances to be maintained between adult bookstore uses
and other uses so as to afford the most protection to residential uses.
It is not the intent of the Board of Commissioners, in enacting this amendment to
the zoning resolution, to deny to any person rights to speech protected by the
United States or Georgia Constitutions, nor is it the intent to impose any
additional limitations or restrictions on the contents of any communicative
materials, including sexually oriented films, videotapes, books, or other materials;
further, in the adoption of this amendment to the zoning resolution, the Board of
Commissioners does not intend to deny or restrict the rights of any adult to obtain
or view any sexually oriented materials protected by the United States or Georgia
Constitutions, nor does it intend to restrict or deny any constitutionally protected
rights that distributors or exhibitors of such sexually oriented materials may have
to sell, distribute, or exhibit such constitutionally protected materials; finally, in
the enactment of this ordinance, the Board of Commissioners intends to adopt a
content neutral measure to address the secondary effects of adult bookstores.
A. Required Districts: M-1, M-2 (Industrial) and C-1 (Commercial) districts
located within the State Route 9 Overlay District only.
B. Standards:
1. All boundary lines of the property included within the use permit
as filed must be located at least 1,000 feet from the properties
listed below:
a. The property line of Suburban A, Suburban B, Suburban C,
R-1, R-2, R-2A, R-3, R-3A, R-4A, R-4, R-5, R-5A, R-6,
NUP, CUP, TR, A, A-L, AG-1 zoned property or property
conditioned or used for residential purposes.
b. The property line of any public recreational facilities,
public or private institutional uses, including but not
limited to churches, schools, universities, colleges, trade-
schools, libraries, day care centers and other training
facilities where minors are the primary patrons.
2. The boundary line of the use permit must be located at least 1500
feet from the property line of any other adult entertainment
establishment or adult book store.
3. Submit with the application for a Use Permit, a certified boundary
survey by a licensed surveyor of the site and the property lines of
surrounding properties identifying the use of properties at or within
1000 feet of the boundary lines of the subject property and adult
entertainment establishments or adult bookstores within 1500 feet
of the boundary line of the subject property.
4. If the adult book store is to be located in an existing structure
where a Land Disturbance Permit is not required, an existing
building permit review application must be filed and determined
by the Environment and Community Development Department to
be in compliance with the terms of this resolution prior to any
occupancy.
5. Permitted curb cut access shall be from a major thoroughfare.
Formatted: Indent: Left: 72 pt,
Hanging: 36 pt
Deleted: and
6. No depiction of anatomical areas or sexual activities specified in
the definition of “adult entertainment” shall be visible from outside
the structure or on signage outside the structure.
7. The minimum landscape areas required for the O-I zoning district
as specified in Section 4.23 shall be required. Where buffers are
required, the underlying zoning district buffer standards shall
apply.
19.4.1. C. Permit Issuance. (Added 07/02/03):
Notwithstanding the provisions of 19.2.3 and 19.2.4, any applicant
meeting the above requirements and standards shall be entitled to the
issuance of a use permit.
19.4.1. D. Permit Applications. (Added 07/02/03):
Notwithstanding any other provision herein, any material omission or
untrue or misleading information contained in or left out of an application
for a use permit shall be grounds for denial of said permit.
19.4.1. E. Permit Processing. (Added 07/02/03):
The County shall have 30 days (unless the application is suspended by
failure of the applicant to provide data, information or records as
reasonably requested by the County and required by this code, to complete
the investigation) from receipt of a completed application for a use permit
to make a decision in which to grant or deny a use permit. The Department
of Environment and Community Development and Community Zoning
Board shall make recommendations to the Board of Commissioners
regarding the approval or denial of the use permit and the Board shall
make the final decision after a public hearing regarding the same. In the
event the Board of Commissioners has not granted or denied the
application within 30 days (unless the application is suspended by failure
of the applicant to provide data, information or records as reasonably
requested by the County to complete the investigation), the use permit
shall automatically issue.
19.4.1. F. Denial of Use Permit. (Added 07/02/03):
In the event an application for a use permit is denied by the Board of
Commissioners, the applicant shall be notified in writing of such denial
within 10 business days by U.S. Mail. A decision by the Board of
Commissioners regarding the denial of said permit is a final action;
therefore, any appeal of such decision shall be pursued by application for
Writ of Certiorari filed with the Superior Court of Fulton County within
Deleted: 120
Deleted: 120
days of the decision. This appeal shall in no way preclude an applicant
from seeking any other remedies available at law or equity.
19.4.1. G. Permit Application. (Added 07/02/03):
Nothing in this section shall allow for the conducting or zoning of any
business or entity which would otherwise be illegal.
19.4.2 ADULT ENTERTAINMENT ESTABLISHMENTS. (Added 7/1/92, Amended
11/03/93, 07/07/99, 02/07/01, 07/02/03)
INTENT.
It is the intent of this Section to regulate the place and manner of the operation of
businesses or facilities that offer Adult Entertainment as defined in this ordinance.
It is well established and has been the experience of other communities in Georgia
and throughout the United States that adult entertainment, which includes public
nudity, has been associated with and may encourage disorderly conduct,
prostitution and sexual assault. This Section advances the substantial government
interest in promoting and protecting public health, safety, and general welfare,
maintaining law and order and prohibiting public nudity. The Section is narrowly
constructed to protect the First Amendment rights of citizens of Fulton County
while furthering the substantial governmental interest of combating the secondary
effects of public nudity and adult entertainment from areas and uses of the
community which are incompatible. Areas and uses which are to be protected
from adult entertainment include but are not limited to residential, churches, day
care centers, libraries, recreational facilities, and schools.
A. Required Districts: M-1 (Light Industrial), M-2 (Heavy Industrial) and C-1
(Commercial) districts located within the State Route 9 Overlay District only.
B. Standards:
1. All boundary lines of the property included within the use permit must be
located at least 1,000 feet from the properties listed below:
a. The property line of Suburban A, Suburban B, Suburban C, R-1,
R-2, R-2A, R-3, R-3A, R-4A, R-4, R-5, R-5A, R-6, NUP, CUP,
TR, A, A-L, AG-1 zoned property or property conditioned or used
for residential purposes.
Formatted: Indent: Left: 36 pt,
Hanging: 36 pt
Deleted: and
b. The property line of any public recreational facilities, public or
private institutional uses, including but not limited to churches,
schools, universities, colleges, trade-schools, libraries, day care
centers and other training facilities where minors are the primary
patrons.
2. The boundary line of the Use Permit must be located at least 1500 feet
from the property line of any other adult entertainment establishment or
adult bookstore.
3. Submit with the application for a Use Permit, a certified boundary survey
of the site and the property lines of surrounding properties identifying the
use of properties at or within 1000 feet of the boundary lines of the subject
property and adult entertainment establishments and/or adult bookstores
within 1500 feet of the boundary line of the subject property.
4. No final Land Disturbance Permit, Building Permit, Certificate of
Occupancy, or Building Permit Review Certificate may by issued until the
approved Fulton County Adult Entertainment Business License is filed
with the Director of the Environment and Community Development
Department.
5. If the adult entertainment business is to be located in an existing structure
where a Land Disturbance Permit is not required, an existing building
permit review application must be filed and approved in the Environment
and Community Development Department prior to any occupancy.
6. Building shall be located a minimum of 50 feet from all property lines.
7. Parking spaces at a ratio of 10 per 1000 gross square feet of floor space
shall be provided.
8. Permitted curb cut access shall be directly from a major thoroughfare.
9. On-premise signs shall not display lewd or graphic depictions of body
parts or acts which are defined in Article and Subsection 3.3.1.
10. No adult entertainment shall be visible from outside the structure.
11. The minimum landscape areas required for the O-I zoning district as
specified in Section 4.23 shall be required. Where buffers are required, the
underlying zoning district buffer standards shall apply.
19.4.2. C. Permit Issuance. (Added 07/02/03):
Notwithstanding the provisions of 19.2.3 and 19.2.4, any applicant
meeting the above requirements and standards shall be entitled to the
issuance of a use permit.
19.4.2. D. Permit Applications. (Added 07/02/03):
Notwithstanding any other provision herein, any material omission or
untrue or misleading information contained in or left out of an application
for a use permit shall be grounds for denial of said permit.
19.4.2. E. Permit Processing. (Added 07/02/03):
The County shall have 30 days (unless the application is suspended by
failure of the applicant to provide data, information or records as
reasonably requested by the County and required by this code, to complete
the investigation) from receipt of a completed application for a use permit
to make a decision in which to grant or deny a use permit. The Department
of Environment and Community Development and Community Zoning
Board shall make recommendations to the Board of Commissioners
regarding the approval or denial of the use permit and the Board shall
make the final decision after a public hearing regarding the same. In the
event the Board of Commissioners has not granted or denied the
application within 30 days (unless the application is suspended by failure
of the applicant to provide data, information or records as reasonably
requested by the County to complete the investigation), the use permit
shall automatically issue.
19.4.2. F. Denial of Use Permit. (Added 07/02/03):
In the event an application for a use permit is denied by the Board of
Commissioners, the applicant shall be notified in writing of such denial
within 10 business days by U.S. Mail. A decision by the Board of
Commissioners regarding the denial of said permit is a final action;
therefore, any appeal of such decision shall be pursued by application for
Writ of Certiorari filed with the Superior Court of Fulton County within
30 days of the decision. This appeal shall in no way preclude an applicant
from seeking any other remedies available at law or equity.
19.4.2. G. Permit Application. (Added 07/02/03):
Nothing in this section shall allow for the conducting or zoning of any
business or entity which would otherwise be illegal.
Deleted: 120
Deleted: 120
ARTICLE XXXIII
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.
. . .
G. Commercial and Industrial Park Districts
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 screened from view with
shrubs.
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 ahs the
appearance of carved, distressed, or sandblasted wood.
2. Wall Signs.
a. Businesses may have no more than two wall signs.
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 to the wall. The maximum
size shall be 2 square feet.
d. Signs shall be one unit as opposed to individually mounted letters.
Formatted: Tabs: 102 pt, Left
e. Wall signs shall not have changeable copy
f. If illuminated, signs may be externally lighted.
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.
3. Window Signs.
Not more than three (3) window signs per lot shall be allowed and shall not be
larger than four (4) square feet or cover more than twenty-five percent (25%) of
the area of each window in which a sign is placed, whichever is less. One (1) such
sign may be illuminated.
4. Billboards.
Within Commercial District (C-1) located within the State Route 9 Overlay
district only, freestanding signs shall not exceed one hundred twenty-eight (128)
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 the sign, no buildings, structures,
or appurtenances shall be contained in the Fall Zone;
f. Maximum of twenty (20) feet in height; and
g. In compliance with applicable height standards for the district in which
located.
Formatted: Indent: First line: 0 pt
Formatted: Indent: Left: 0 pt
City of Milton
115 Perimeter Center Place NE Suite 7$5 Atlanta, Georgia 36346
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: January 22, 2007
FROM: City Manager
AGENDA ITEM: Approval of an Ordinance Regulating Sexually -Oriented Businesses
and Related Ordinances.
(Second Reading)
MEETING DATE: Thursday, February 1, 2007 Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: OAPPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: �j' YES () NO
PLACED ON AGENDA FOR: f i ZDO
REMARKS:
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
To: Honorable Mayor and City Council Members
From: Mark E. Scott, City Attorney
Date: January 16, 2007 for submission onto January 18, 2007 agenda and the February 1,
2007 agenda
Agenda Item: Approval of a Sexually Oriented Business Ordinance
City Attorney Recommendation:
Adopt the attached ordinance providing for the regulation of sexually oriented business. Second
reading and a seminar on secondary effects of such businesses will be presented by Attorney
James Friedewald at the February 1, 2007 council meeting.
Background:
Particularly in light of current events in our sister new city, it is important that we pro-actively
deal with the issue of sexually oriented businesses rather than do so after the fact, should an
application be made. We need to have the tools to deal with such a business prior to one
actually attempting to locate within the city limits.
Discussion:
This ordinance is based largely on the similar ordinance adopted by the City of Johns Creek. It
is important to note that unlike the Fulton County ordinance at issue in the previous stages of
the litigation between the County and that establishment, it defines such a business not based
on its inventory, but based on its actual sales. This removes the issue that an establishment
could have a large inventory of innocuous merchandise which never leaves the shelves, while
sexually oriented merchandise is the major source of sales for the business. The ordinance
sets the threshold of sales in order to define a business as “sexually oriented’ as 25% of sales.
Prior to the second reading and public hearing, the council will be provided with a number of
materials to review in making the requisite findings regarding the secondary impact of such
businesses. Additionally, the seminar conducted by Mr. Friedewald will be of a rather graphic
nature and therefore we will be discouraging any children of even easily offended adults from
attending.
Alternatives:
None.
Concurrent Review:
Aaron J. Bovos, City Manager
Chris Lagerbloom, Public Safety Director
State of Georgia
County of Fulton ORDINANCE 2007-1-__
AN ORDINANCE ESTABLISHING LICENSING REQUIREMENTS
AND REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES WITHIN
THE CITY OF MILTON.
Section
– Preamble
1. Rationale and Findings.
2. Definitions.
3. Classifications.
4. License Required.
5. Issuance of License.
6. Fees.
7. Inspection.
8. Expiration and Renewal of License.
9. Suspension.
10. Revocation.
11. Hearing; License Denial, Suspension, Revocation; Appeal.
12. Transfer of License.
13. Hours of Operation.
14. Regulations Pertaining to Exhibition of Sexually Explicit Films on Premises.
15. Loitering and Exterior Lighting and Monitoring Requirements.
16. Penalties and Enforcement.
17. Applicability of Ordinance to Existing Businesses.
18. Prohibited Conduct.
19. Scienter Required to Prove Violation or Business Licensee Liability.
20. Failure of City to Meet Time Frame Not to Risk Applicant/Licensee Rights.
21. Location of Sexually Oriented Businesses.
22. Severability.
23. Conflicting Code Provisions Repealed.
24. Effective Date.
WHEREAS, sexually oriented businesses require special supervision from the
public safety agencies of the City in order to protect and preserve the health, safety, and
welfare of the patrons of such businesses as well as the citizens of the City; and
WHEREAS, the City Council finds that sexually oriented businesses, as a category
of establishments, are frequently used for unlawful sexual activities, including prostitution
and sexual liaisons of a casual nature; and
1
WHEREAS, there is convincing documented evidence that sexually oriented
businesses, as a category of establishments, have deleterious secondary effects and are often
associated with crime and adverse effects on surrounding properties; and
WHEREAS, the City Council desires to minimize and control these adverse effects
and thereby protect the health, safety, and welfare of the citizenry; protect the citizens from
crime; preserve the quality of life; preserve the character of surrounding neighborhoods and
deter the spread of urban blight; and
WHEREAS, the City recognizes its constitutional duty to interpret, construe, and
amend its laws to comply with constitutional requirements as they are announced; and
WHEREAS, with the passage of any Ordinance, the City and the City Council
accept as binding the applicability of general principles of criminal and civil law and
procedure and the rights and obligations under the United States and Georgia
Constitutions, Georgia Code, and the Georgia Rules of Civil and Criminal Procedure; and
WHEREAS, it is not the intent of this Ordinance to suppress any speech activities
protected by the U.S. Constitution or the Georgia Constitution, but to enact legislation to
further the content-neutral governmental interests of the City, to wit, the controlling of
secondary effects of sexually oriented businesses.
NOW, THEREFORE, the Council of the City of Milton hereby ordains that
the following Ordinance be enacted:
Section 1. Rationale and findings.
(a) Purpose. It is the purpose of this Ordinance to regulate sexually oriented
businesses in order to promote the health, safety, moral, and general welfare of the citizens
of the City, and to establish reasonable and uniform regulations to prevent the deleterious
secondary effects of sexually oriented businesses within the City. The provisions of this
Ordinance have neither the purpose nor effect of imposing a limitation or restriction on the
content or reasonable access to any communicative materials, including sexually oriented
materials. Similarly, it is neither the intent nor effect of this Ordinance to restrict or deny
access by adults to sexually oriented materials protected by the First Amendment, or to deny
access by the distributors and exhibitors of sexually oriented entertainment to their intended
market. Neither is it the intent nor effect of this Ordinance to condone or legitimize the
distribution of obscene material.
(b) Findings and Rationale. Based on evidence of the adverse secondary effects
of adult uses presented in hearings and in reports made available to the City Council, and on
findings, interpretations, and narrowing constructions incorporated in the cases of City of
Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004); City of Los Angeles v. Alameda
Books, Inc., 535 U.S. 425 (2002); City of Erie v. Pap’s A.M., 529 U.S. 277 (2000); City of
Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres,
2
427 U.S. 50 (1976), Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue,
409 U.S. 109 (1972); and
Artistic Entertainment, Inc. v. City of Warner Robins, 331 F.3d 1196 (11th Cir. 2003);
Artistic Entertainment, Inc. v. City of Warner Robins, 223 F.3d 1306 (11th Cir. 2000);
Williams v. Pryor, 240 F.3d 944 (11th Cir. 2001); Williams v. A.G. of Alabama, 378 F.3d
1232 (11th Cir. 2004); Gary v. City of Warner Robins, 311 F.3d 1334 (11th Cir. 2002);
Ward v. County of Orange, 217 F.3d 1350 (11th Cir. 2000); Boss Capital, Inc. v. City of
Casselberry, 187 F.3d 1251 (11th Cir. 1999); David Vincent, Inc. v. Broward County, 200
F.3d 1325 (11th Cir. 2000); Sammy’s of Mobile, Ltd. v. City of Mobile, 140 F.3d 993 (11th
Cir. 1998); Lady J. Lingerie, Inc. v. City of Jacksonville, 176 F.3d 1358 (11th Cir. 1999);
This That And The Other Gift and Tobacco, Inc. v. Cobb County, 285 F.3d 1319 (11th Cir.
2002); DLS, Inc. v. City of Chattanooga, 107 F.3d 403 (6th Cir. 1997); Grand Faloon
Tavern, Inc. v. Wicker, 670 F.2d 943 (11th Cir. 1982); International Food & Beverage
Systems v. Ft. Lauderdale, 794 F.2d 1520 (11th Cir. 1986); Gammoh v. City of La Habra,
395 F.3d 1114 (9th Cir. 2005); World Wide Video of Washington, Inc. v. City of Spokane,
368 F.3d 1186 (9th Cir. 2004); Ben’s Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir.
2003); and
Fairfax MK, Inc. v. City of Clarkston, 274 Ga. 520 (2001); Morrison v. State, 272 Ga. 129
(2000); Sewell v. Georgia, 233 S.E.2d 187 (Ga. 1977), dismissed for want of a substantial
federal question, 435 U.S. 982 (1978) (sexual devices); Flippen Alliance for Community
Empowerment, Inc. v. Brannan, 601 S.E.2d 106 (Ga. Ct. App. 2004); Oasis Goodtime
Emporium I, Inc. v. DeKalb County, 272 Ga. 887 (2000); Chamblee Visuals, LLC v. City of
Chamblee, 270 Ga. 33 (1998); World Famous Dudley’s Food & Spirits, Inc. v. City of
College Park, 265 Ga. 618 (1995); Airport Bookstore, Inc. v. Jackson, 242 Ga. 214 (1978);
and based upon reports concerning secondary effects occurring in and around sexually
oriented businesses, including, but not limited to, Austin, Texas - 1986; Indianapolis,
Indiana - 1984; Garden Grove, California - 1991; Houston, Texas - 1983, 1997; Phoenix,
Arizona - 1979, 1995-98; Chattanooga, Tennessee - 1999-2003; Los Angeles, California -
1977; Whittier, California - 1978; Spokane, Washington - 2001; St. Cloud, Minnesota -
1994; Littleton, Colorado - 2004; Oklahoma City, Oklahoma - 1986; Dallas, Texas - 1997;
Greensboro, North Carolina - 2003; Amarillo, Texas - 1977; New York, New York Times
Square - 1994; and the Report of the Attorney General's Working Group On The Regulation
Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota),
the City Council finds:
(1) Sexually oriented businesses, as a category of commercial uses, are
associated with a wide variety of adverse secondary effects including, but not limited to,
personal and property crimes, prostitution, potential spread of disease, lewdness, public
indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding
properties, urban blight, litter, and sexual assault and exploitation.
3
(2) Sexually oriented businesses should be separated from sensitive land
uses to minimize the impact of their secondary effects upon such uses, and should be
separated from other sexually oriented businesses, to minimize the secondary effects
associated with such uses and to prevent an unnecessary concentration of sexually oriented
businesses in one area.
(3) Each of the foregoing negative secondary effects constitutes a harm
which the City has a substantial government interest in preventing and/or abating. This
substantial government interest in preventing secondary effects, which is the City’s rationale
for this Ordinance, exists independent of any comparative analysis between sexually
oriented and non-sexually oriented businesses. Additionally, the City’s interest in regulating
sexually oriented businesses extends to preventing future secondary effects of either current
or future sexually oriented businesses that may locate in the City. The City finds that the
cases and documentation relied on in this Ordinance are reasonably believed to be relevant
to said secondary effects.
Section 2. Definitions.
For purposes of this Ordinance, the words and phrases defined in the sections hereunder
shall have the meanings therein respectively ascribed to them unless a different meaning
is clearly indicated by the context.
“Administrator” means the City Clerk.
“Adult Bookstore or Adult Video Store” means a commercial establishment which, as one
of its principal business activities, offers for sale or rental for any form of consideration
any one or more of the following: books, magazines, periodicals or other printed matter,
or photographs, films, motion pictures, video cassettes, compact discs, digital video discs,
slides, or other visual representations which are characterized by their emphasis upon the
display of “specified sexual activities” or “specified anatomical areas.”
A “principal business activity” exists where the commercial establishment:
(a) at least 25% of the establishment’s displayed merchandise consists of the
foregoing items, or
(b) at least 25% of the wholesale value of the establishment’s displayed
merchandise consists of the foregoing items, or
(c) at least 25% of the retail value of the establishment’s displayed merchandise
consists of the foregoing items, or
(d) at least 25% of the establishment’s revenues derive from the sale or rental, for
any form of consideration of the foregoing items, or
4
(e) the establishment devotes at least 25% of its interior business space or, if less
than 25%, devotes at least five hundred square feet (500 sq. ft.) of its interior business
space, to the display, sale and/or rental of the foregoing items (aisles and walkways used
to access said items shall be included in “interior business space”; or
(f) maintains an “adult arcade,” which means any place to which the public is
permitted or invited wherein coin-operated or slug-operated or electronically, electrically,
or mechanically controlled still or motion picture machines, projectors, or other image-
producing devices are regularly maintained to show images to five or fewer persons per
machine at any one time, and where the images so displayed are characterized by their
emphasis upon matter exhibiting “specified sexual activities” or specified “anatomical
areas.”
“Adult Cabaret” means a nightclub, bar, juice bar, restaurant, bottle club, or other
commercial establishment, whether or not alcoholic beverages are served, which
regularly features persons who appear semi-nude.
“Adult Motion Picture Theater” means a commercial establishment where films, motion
pictures, videocassettes, slides, or similar photographic reproductions which are
characterized by their emphasis upon the display of “specified sexual activities” or
“specified anatomical areas” are regularly shown to more than five persons for any form
of consideration.
“Characterized by” means describing the essential character or quality of an item. As
applied in this Ordinance, no business shall be classified as a sexually oriented business by
virtue of showing, selling, or renting materials rated NC-17 or R by the Motion Picture
Association of America.
“City” means the City of Milton, Georgia.
“Employ, Employee, and Employment” describe and pertain to any person who performs
any service on the premises of a sexually oriented business, on a full time, part time, or
contract basis, whether or not the person is denominated an employee, independent
contractor, agent, or otherwise. Employee does not include a person exclusively on the
premises for repair or maintenance of the premises or for the delivery of goods to the
premises.
“Establish or Establishment” shall mean and include any of the following:
(a) The opening or commencement of any sexually oriented business as a new
business;
(b) The conversion of an existing business, whether or not a sexually oriented
business, to any sexually oriented business; or
5
(c) The addition of any sexually oriented business to any other existing
sexually oriented business.
“Hearing Officer” means an attorney, not otherwise employed by the City, who is
licensed to practice law in Georgia, and retained to serve as an independent tribunal to
conduct hearings under this Ordinance.
“Influential Interest” means any of the following: (1) the actual power to operate the
sexually oriented business or control the operation, management or policies of the
sexually oriented business or legal entity which operates the sexually oriented business,
or (2) holding an office (e.g., president, vice president, secretary, treasurer, managing
member, managing director, etc.) in a legal entity which operates the sexually oriented
business.
“Licensee” shall mean a person in whose name a license to operate a sexually oriented
business has been issued, as well as the individual or individuals listed as an applicant on
the application for a sexually oriented business license. In the case of an "employee," it
shall mean the person in whose name the sexually oriented business employee license has
been issued.
“Nudity or a State of Nudity” means the showing of the human male or female genitals,
pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, or
the showing of the female breast with less than a fully opaque covering of any part of the
nipple and areola.
“Operate or Cause to Operate” shall mean to cause to function or to put or keep in a state
of doing business. “Operator” means any person on the premises of a sexually oriented
business who causes the business to function or who puts or keeps in operation the
business or who is authorized to manage the business or exercise overall operational
control of the business premises. A person may be found to be operating or causing to be
operated a sexually oriented business whether or not that person is an owner, part owner,
or licensee of the business.
“Person” shall mean individual, proprietorship, partnership, corporation, association, or
other legal entity.
“Premises” means the real property upon which the sexually oriented business is located,
and all appurtenances thereto and buildings thereon, including, but not limited to, the
sexually oriented business, the grounds, private walkways, and parking lots and/or
parking garages adjacent thereto, under the ownership, control, or supervision of the
licensee, as described in the application for a sexually oriented business license.
“Regularly” means and refers to the consistent and repeated doing of the act so described.
“Semi-Nude or State of Semi-Nudity” means the showing of the female breast below a
horizontal line across the top of the areola and extending across the width of the breast at
6
that point, or the showing of the male or female buttocks. This definition shall include
the lower portion of the human female breast, but shall not include any portion of the
cleavage of the human female breasts exhibited by a bikini, dress, blouse, shirt, leotard,
or similar wearing apparel provided the areola is not exposed in whole or in part.
“Semi-Nude Model Studio” means a place where persons regularly appear in a state of
semi-nudity for money or any form of consideration in order to be observed, sketched,
drawn, painted, sculptured, photographed, or similarly depicted by other persons.
This definition does not apply to any place where persons appearing in a state of semi-
nudity did so in a modeling class operated:
(a) By a college, junior college, or university supported entirely or partly by
taxation;
(b) By a private college or university which maintains and operates
educational programs in which credits are transferable to a college, junior college, or
university supported entirely or partly by taxation; or
(c) In a structure:
(1) Which has no sign visible from the exterior of the structure and no
other advertising that indicates a semi-nude person is available for viewing; and
(2) Where, in order to participate in a class a student must enroll at
least three days in advance of the class.
“Sexual Device” means any three (3) dimensional object designed and marketed for
stimulation of the male or female human genitals, anus, female breast, or for
sadomasochistic use or abuse of oneself or others and shall include devices such as
dildos, vibrators, penis pumps, and physical representations of the human genital organs.
Nothing in this definition shall be construed to include devices primarily intended for
protection against sexually transmitted diseases or for preventing pregnancy.
“Sexual Device Shop” means a commercial establishment that regularly features sexual
devices. Nothing in this definition shall be construed to include any pharmacy, drug
store, medical clinic, or any establishment primarily dedicated to providing medical or
healthcare products or services, nor shall this definition be construed to include
commercial establishments which do not restrict access to their premises by reason of
age.
“Sexual Encounter Center” shall mean a business or commercial enterprise that, as one of
its principal business purposes, purports to offer for any form of consideration, physical
contact in the form of wrestling or tumbling between persons of the opposite sex when
one or more of the persons is semi-nude.
7
“Sexually Oriented Business” means an “adult bookstore or adult video store,” an “adult
cabaret,” an “adult motion picture theater,” a “semi-nude model studio,” a “sexual device
shop,” or a “sexual encounter center.”
“Specified Anatomical Areas” means and includes:
(a) Less than completely and opaquely covered: human genitals, pubic region;
buttock; and female breast below a point immediately above the top of the areola; and
(b) Human male genitals in a discernibly turgid state, even if completely and
opaquely covered.
“Specified Criminal Activity” means:
(a) any of the following specified offenses for which less than five years elapsed
since the date of conviction or the date of release from confinement for the conviction,
whichever is the later date:
(1) rape, child molestation, sexual assault, sexual battery, aggravated
sexual assault, aggravated sexual battery, or public indecency;
(2) prostitution, keeping a place of prostitution, pimping, or pandering;
(3) obscenity, disseminating or displaying matter harmful to a minor, or
use of child in sexual performance;
(4) any offense related to any sexually-oriented business, including
controlled substance offenses, tax violations, racketeering, crimes involving sex, crimes
involving prostitution, or crimes involving obscenity; or
(b) any attempt, solicitation, or conspiracy to commit one of the foregoing
offenses.
“Specified Sexual Activity” means any of the following:
(a) intercourse, oral copulation, masturbation or sodomy; or
(b) excretory functions as a part of or in connection with any of the activities
described in (a) above.
“Substantial” means at least twenty five percent (25%) of the item(s) so modified.
“Transfer of Ownership or Control” of a sexually oriented business shall mean any of the
following:
(a) The sale, lease, or sublease of the business;
8
(b) The transfer of securities which constitute an influential interest in the
business, whether by sale, exchange, or similar means; or
(c) The establishment of a trust, gift, or other similar legal device which
transfers the ownership or control of the business, except for transfer by bequest or other
operation of law upon the death of the person possessing the ownership or control.
“Viewing Room” shall mean the room, booth, or area where a patron of a sexually
oriented business would ordinarily be positioned while watching a film, videocassette,
digital video disc, or other video reproduction.
Section 3. Classification.
The classifications for sexually oriented businesses shall be as follows:
(a) Adult bookstore or adult video store;
(b) Adult cabaret;
(c) Adult motion picture theater;
(d) Semi-nude model studio;
(e) Sexual device shop;
(f) Sexual encounter center.
Section 4. License required.
(a) Business License. It shall be unlawful for any person to operate a sexually
oriented business in the City without a valid sexually oriented business license.
(b) Employee License. It shall be unlawful for any person to be an “employee,” as
defined in this Ordinance, of a sexually oriented business in the City without a valid
sexually oriented business employee license, except that a person who is a licensee under
a valid sexually oriented business license shall not be required to also obtain a sexually
oriented business employee license.
(c) Application. An applicant for a sexually oriented business license or a sexually
oriented business employee license shall file in person at the office of the City Clerk a
completed application made on a form provided by the City Clerk. A sexually oriented
business may designate an individual with an influential interest in the business to file its
application for a sexually oriented business license in person on behalf of the business.
The application shall be signed as required by subsection (d) herein and shall be
notarized. An application shall be considered complete when it contains, for each person
required to sign the application, the information and/or items required in this subsection
(c), accompanied by the appropriate licensing fee:
(1) The applicant’s full legal name and any other names used by the applicant
in the preceding five (5) years.
9
(2) Current business address or another mailing address for the applicant.
(3) Written proof of age, in the form of a driver’s license or a copy of a birth
certificate accompanied by a picture identification document issued by a governmental
agency.
(4) If the application is for a sexually oriented business license, the business
name, location, legal description, mailing address and phone number of the sexually
oriented business.
(5) If the application is for a sexually oriented business license, the name and
business address of the statutory agent or other agent authorized to receive service of
process.
(6) A statement of whether an applicant has been convicted of or has pled
guilty or nolo contendere to a specified criminal activity as defined in this Ordinance, and
if so, each specified criminal activity involved, including the date, place, and jurisdiction
of each as well as the dates of conviction and release from confinement, where
applicable.
(7) A statement of whether any sexually oriented business in which an
applicant has had an influential interest, has, in the previous five (5) years (and at a time
during which the applicant had the influential interest):
(i) been declared by a court of law to be a nuisance; or
(ii) been subject to a court order of closure or padlocking.
(8) An application for a sexually oriented business license shall be
accompanied by a legal description of the property where the business is located and a
sketch or diagram showing the configuration of the premises, including a statement of
total floor space occupied by the business. The sketch or diagram need not be
professionally prepared but shall be drawn to a designated scale or drawn with marked
dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches.
Applicants who are required to comply with the stage, booth, and/or room configuration
requirements of this Ordinance shall submit a diagram indicating that the setup and
configuration of the premises meets the requirements of the applicable regulations.
The information provided pursuant to this subsection (c) shall be supplemented in writing
by certified mail, return receipt requested, to the City Clerk within ten (10) working days
of a change of circumstances which would render the information originally submitted
false or incomplete.
(d) Signature. A person who seeks a sexually oriented business employee license
under this section shall sign the application for a license. If a person who seeks a
10
sexually oriented business license under this section is an individual, he shall sign the
application for a license as applicant. If a person who seeks a sexually oriented business
license is other than an individual, each person with an influential interest in the sexually
oriented business or in a legal entity that controls the sexually oriented business shall sign
the application for a license as applicant. Each applicant must be qualified under this
Ordinance and each applicant shall be considered a licensee if a license is granted.
(e) The information provided by an applicant in connection with an application for a
license under this Ordinance shall be maintained by the office of the City Clerk on a
confidential basis, and such information may be disclosed only as may be required, and
only to the extent required, by court order.
Section 5. Issuance of license.
(a) Business License. Upon the filing of a completed application for a sexually
oriented business license, the City Clerk shall immediately issue a Temporary License to
the applicant if the completed application is from a preexisting sexually oriented business
that is lawfully operating in the City and the completed application, on its face, indicates
that the applicant is entitled to an annual sexually oriented business license. The
Temporary License shall expire upon the final decision of the City to deny or grant an
annual license. Within twenty (20) days of the filing of a completed sexually oriented
business license application, the City Clerk shall either issue a license to the applicant or
issue a written notice of intent to deny a license to the applicant. The City Clerk shall
issue a license unless:
(1) An applicant is less than eighteen (18) years of age.
(2) An applicant has failed to provide information required by this Ordinance
for issuance of a license or has falsely answered a question or request for information on
the application form.
(3) The license application fee required by this Ordinance has not been paid.
(4) The sexually oriented business is not in compliance with the interior
configuration requirements of this Ordinance or is not in compliance with locational
requirements of this Ordinance or the locational requirements of any other part of the
Milton Code or Georgia law.
(5) Any sexually oriented business in which the applicant has had an
influential interest, has, in the previous five (5) years (and at a time during which the
applicant had the influential interest):
(i) been declared by a court of law to be a nuisance; or
(ii) been subject to an order of closure or padlocking.
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(6) An applicant has been convicted of or pled guilty or nolo contendere to a
specified criminal activity, as defined in this Ordinance.
(b) Employee License. Upon the filing of a completed application for a sexually
oriented business employee license, the City Clerk shall immediately issue a Temporary
License to the applicant if the applicant seeks licensure to work in a licensed sexually
oriented business and the completed application, on its face, indicates that the applicant is
entitled to an annual sexually oriented business employee license. The Temporary
License shall expire upon the final decision of the City to deny or grant an annual license.
Within twenty (20) days of the filing of a completed sexually oriented business employee
license application, the City Clerk shall either issue a license to the applicant or issue a
written notice of intent to deny a license to the applicant. The City Clerk shall issue a
license unless:
(1) The applicant is less than eighteen (18) years of age.
(2) The applicant has failed to provide information as required by this
Ordinance for issuance of a license or has falsely answered a question or request for
information on the application form.
(3) The license application fee required by this Ordinance has not been paid.
(4) Any sexually oriented business in which the applicant has had an
influential interest, has, in the previous five (5) years (and at a time during which the
applicant had the influential interest):
(i) been declared by a court of law to be a nuisance; or
(ii) been subject to an order of closure or padlocking.
(5) The applicant has been convicted of or pled guilty or nolo contendere to a
specified criminal activity, as defined in this Ordinance.
(c) The license, if granted, shall state on its face the name of the person or persons to
whom it is granted, the number of the license issued to the licensee(s), the expiration
date, and, if the license is for a sexually oriented business, the address of the sexually
oriented business. The sexually oriented business license shall be posted in a conspicuous
place at or near the entrance to the sexually oriented business so that it may be read at any
time that the business is occupied by patrons or is open to the public. A sexually oriented
business employee shall keep the employee’s license on his or her person or on the
premises where the licensee is then working or performing.
12
Section 6. Fees.
(a) The initial license and annual renewal fees for sexually oriented business licenses
and sexually oriented business employee licenses shall be as follows: one hundred
dollars ($100) for the initial fee for a sexually oriented business license and fifty dollars
($50) for annual renewal; fifty dollars ($50) for the initial sexually oriented business
employee license and twenty-five dollars ($25) for annual renewal.
Section 7. Inspection.
Sexually oriented businesses and sexually oriented business employees shall permit the
City Clerk and his or her agents to inspect, from time to time on an occasional basis, the
portions of the sexually oriented business premises where patrons are permitted, for the
purpose of ensuring compliance with the specific regulations of this Ordinance, during
those times when the sexually oriented business is occupied by patrons or is open to the
public. This section shall be narrowly construed by the City to authorize reasonable
inspections of the licensed premises pursuant to this Ordinance, but not to authorize a
harassing or excessive pattern of inspections.
Section 8. Expiration and renewal of license.
(a) Each license shall remain valid for a period of one calendar year from the date of
issuance unless otherwise suspended or revoked. Such license may be renewed only by
making application and payment of a fee as provided in this Ordinance.
(b) Application for renewal of an annual license should be made at least ninety (90)
days before the expiration date of the current annual license, and when made less than
ninety (90) days before the expiration date, the expiration of the current license will not
be affected.
Section 9. Suspension.
(a) The City Clerk shall issue a written notice of intent to suspend a sexually oriented
business license for a period not to exceed thirty (30) days if the sexually oriented
business licensee has knowingly violated this Ordinance or has knowingly allowed an
employee to violate this Ordinance.
(b) The City Clerk shall issue a written notice of intent to suspend a sexually oriented
business employee license if the employee has knowingly violated this Ordinance.
Section 10. Revocation.
(a) The City Clerk shall issue a written notice of intent to revoke a sexually oriented
business license or a sexually oriented business employee license, as applicable, if the
licensee knowingly violates this Ordinance or has knowingly allowed an employee to
13
violate this Ordinance and a suspension of the licensee’s license has become effective
within the previous twelve-month (12-mo.) period.
(b) The City Clerk shall issue a written notice of intent to revoke a sexually oriented
business license or a sexually oriented business employee license, as applicable, if:
(1) The licensee has knowingly given false information in the application for
the sexually oriented business license or the sexually oriented business employee license.
(2) The licensee has knowingly or recklessly engaged in or allowed
possession, use, or sale of controlled substances on the premises of the sexually oriented
business;
(3) The licensee has knowingly or recklessly engaged in or allowed
prostitution on the premises of the sexually oriented business;
(4) The licensee knowingly or recklessly operated the sexually oriented
business during a period of time when the license was finally suspended or revoked; or
(5) The licensee has knowingly or recklessly engaged in or allowed any
specified sexual activity to occur in or on the premises of the sexually oriented business.
(c) The fact that any relevant conviction is being appealed shall have no effect on the
revocation of the license, provided that, if any conviction which serves as a basis of a
license revocation is overturned or reversed on appeal, that conviction shall be treated as
null and of no effect for revocation purposes.
(d) When, after the notice and hearing procedure described in this Ordinance, the City
Council revokes a license, the revocation shall continue for one (1) year and the licensee
shall not be issued a sexually oriented business license or sexually oriented business
employee license for one (1) year from the date revocation becomes effective.
Section 11. Hearing; denial, revocation, and suspension; appeal.
(a) When the City Clerk issues a written notice of intent to deny, suspend, or revoke a
license, the City Clerk shall immediately send such notice, which shall include the
specific grounds under this Ordinance for such action, to the applicant or licensee
(respondent) by personal delivery or certified mail. The notice shall be directed to the
most current business address or other mailing address on file with the City Clerk for the
respondent. The notice shall specify a date, not less than ten (10) days nor more than
twenty (20) days after the date the notice is issued, on which the Hearing Officer shall
conduct a hearing on the City Clerk’s written notice of intent to deny, suspend, or revoke
the license.
At the hearing, the respondent shall have the opportunity to present all of respondent’s
arguments and to be represented by counsel, present evidence and witnesses on his or her
14
behalf, and cross-examine any of the City Clerk’s witnesses. The City Clerk shall also be
represented by counsel, and shall bear the burden of proving the grounds for denying,
suspending, or revoking the license. The hearing shall take no longer than two (2) days,
unless extended at the request of the respondent to meet the requirements of due process
and proper administration of justice. The Hearing Officer shall issue a written decision,
including specific reasons for the decision pursuant to this Ordinance, to the respondent
within five (5) days after the hearing.
If the decision is to deny, suspend, or revoke the license, the decision shall not become
effective until the tenth (10th) day after it is rendered, and the decision shall include a
statement advising the respondent of the right to appeal such decision to a court of
competent jurisdiction. If the Hearing Officer’s decision finds that no grounds exist for
denial, suspension, or revocation of the license, the Hearing Officer shall,
contemporaneously with the issuance of the decision, order the City Clerk to immediately
withdraw the intent to deny, suspend, or revoke the license and to notify the respondent
in writing by certified mail of such action. If the respondent is not yet licensed, the City
Clerk shall contemporaneously therewith issue the license to the applicant.
(b) If any court action challenging the decision of the Hearing Officer is initiated, the
City shall prepare and transmit to the court a transcript of the hearing within ten (10) days
after receiving written notice of the filing of the court action. The City shall consent to
expedited briefing and/or disposition of the action, shall comply with any expedited
schedule set by the court, and shall facilitate prompt judicial review of the proceedings.
The following shall apply to any sexually oriented business that is lawfully operating as a
sexually oriented business, or any sexually oriented business employee that is lawfully
employed as a sexually oriented business employee, on the date on which the completed
business or employee application, as applicable, is filed with the City Clerk: Upon the
filing of any court action to appeal, challenge, restrain, or otherwise enjoin the City’s
denial, suspension, or revocation decision, the City Clerk shall immediately issue the
respondent a Provisional License. The Provisional License shall allow the respondent to
continue operation of the sexually oriented business or to continue employment as a
sexually oriented business employee and will expire upon the court’s entry of a judgment
on the respondent’s appeal or other action to restrain or otherwise enjoin the City’s final
administrative decision. The Provisional License shall not be construed to provide the
applicant with any substantive right, entitlement, or claim of estoppel beyond the ability
to operate until the court enters judgment on the respondent’s appeal or other action to
restrain or otherwise enjoin the City’s final administrative decision.
Section 12. Transfer of license.
A licensee shall not transfer his or her license to another, nor shall a licensee operate a
sexually oriented business under the authority of a license at any place other than the
address designated in the sexually oriented business license application.
15
Section 13. Hours of operation.
No sexually oriented business shall be or remain open for business between 12:00
midnight and 6:00 a.m. on any day.
Section 14. Regulations pertaining to exhibition of sexually explicit films or videos.
(a) A person who operates or causes to be operated a sexually oriented business
which exhibits in a booth or viewing room on the premises, through any mechanical or
electronic image-producing device, a film, video cassette, digital video disc, or other
video reproduction characterized by an emphasis on the display of specified sexual
activities or specified anatomical areas shall comply with the following requirements.
(1) Each application for a sexually oriented business license shall contain a
diagram of the premises showing the location of all operator’s stations, booths or viewing
rooms, overhead lighting fixtures, and restrooms, and shall designate all portions of the
premises in which patrons will not be permitted. Restrooms shall not contain equipment
for displaying films, video cassettes, digital video discs, or other video reproductions.
The diagram shall also designate the place at which the license will be conspicuously
posted, if granted. A professionally prepared diagram in the nature of an engineer’s or
architect’s blueprint shall not be required; however, each diagram shall be oriented to the
north or to some designated street or object and shall be drawn to a designated scale or
with marked dimensions sufficient to show the various internal dimensions of all areas of
the interior of the premises to an accuracy of plus or minus six inches. The City Clerk
may waive the foregoing diagram for renewal applications if the applicant adopts a
diagram that was previously submitted and certifies that the configuration of the premises
has not been altered since it was prepared.
(2) It shall be the duty of the operator, and of any employees present on the
premises, to ensure that no patron is permitted access to any area of the premises which
has been designated as an area in which patrons will not be permitted.
(3) The interior premises shall be equipped with overhead lighting fixtures of
sufficient intensity to illuminate every place to which patrons are permitted access at an
illumination of not less than five (5.0) foot candles as measured at the floor level. It shall
be the duty of the operator, and of any employees present on the premises, to ensure that
the illumination described above is maintained at all times that the premises is occupied
by patrons or open for business.
(4) It shall be the duty of the operator, and of any employees present on the
premises, to ensure that no sexual activity occurs in or on the licensed premises.
(5) It shall be the duty of the operator to post conspicuous signs in well-
lighted entry areas of the business stating all of the following:
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(i) That the occupancy of viewing rooms less than 150 square feet is
limited to one person.
(ii) That sexual activity on the premises is prohibited.
(iii) That the making of openings between viewing rooms is prohibited.
(iv) That violators will be required to leave the premises.
(v) That violations of these regulations are unlawful.
(6) It shall be the duty of the operator to enforce the regulations articulated in
(5)(i) though (iv) above.
(7) The interior of the premises shall be configured in such a manner that
there is an unobstructed view from a operator’s station of every area of the premises,
including the interior of each viewing room but excluding restrooms, to which any patron
is permitted access for any purpose. An operator’s station shall not exceed thirty-two
(32) square feet of floor area. If the premises has two (2) or more operator’s stations
designated, then the interior of the premises shall be configured in such a manner that
there is an unobstructed view of each area of the premises to which any patron is
permitted access for any purpose from at least one of the operator’s stations. The view
required in this paragraph must be by direct line of sight from the operator’s station. It is
the duty of the operator to ensure that at least one employee is on duty and situated in
each operator’s station at all times that any patron is on the premises. It shall be the duty
of the operator, and it shall also be the duty of any employees present on the premises, to
ensure that the view area specified in this paragraph remains unobstructed by any doors,
curtains, walls, merchandise, display racks or other materials or enclosures at all times
that any patron is present on the premises.
(b) It shall be unlawful for a person having a duty under this section to knowingly fail
to fulfill that duty.
Section 15. Loitering, exterior lighting, visibility, and monitoring requirements.
(a) It shall be the duty of the operator of a sexually oriented business to: (a) post
conspicuous signs stating that no loitering is permitted on such property; (b) designate
one or more employees to monitor the activities of persons on such property by visually
inspecting such property at least once every ninety (90) minutes or inspecting such
property by use of video cameras and monitors; and (c) provide lighting of the exterior
premises to provide for visual inspection or video monitoring to prohibit loitering. If
used, video cameras and monitors shall operate continuously at all times that the premises
are open for business. The monitors shall be installed within an operator’s station.
(b) It shall be unlawful for a person having a duty under this section to knowingly fail
to fulfill that duty.
(c) No sexually oriented business shall erect a fence, wall, or other barrier that
prevents any portion of the parking lot(s) for the establishment from being visible from a
public right of way.
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Section 16. Penalties and enforcement.
(a) A person who knowingly violates, disobeys, omits, neglects, or refuses to comply
with or resists the enforcement of any of the provisions of this Ordinance shall, upon
conviction, be punished by fines not to exceed one thousand dollars ($1,000.00) per
violation, or by imprisonment for a period not to exceed six (6) months, or by both such
fine and imprisonment. Each day a violation is committed, or permitted to continue, shall
constitute a separate offense and shall be punished as such.
(b) The City’s legal counsel is hereby authorized to institute civil proceedings
necessary for the enforcement of this Ordinance to prosecute, restrain, or correct
violations hereof. Such proceedings, including injunction, shall be brought in the name
of the City, provided, however, that nothing in this section and no action taken hereunder,
shall be held to exclude such criminal or administrative proceedings as may be authorized
by other provisions of this Ordinance, or any of the laws in force in the City or to exempt
anyone violating this code or any part of the said laws from any penalty which may be
incurred.
Section 17. Applicability of Ordinance to existing businesses.
All existing sexually oriented businesses and sexually oriented business employees are
hereby granted a De Facto Temporary License to continue operation or employment for a
period of ninety (90) days following the effective date of this Ordinance. By the end of
said ninety (90) days, all sexually oriented businesses and sexually oriented business
employees must conform to and abide by the requirements of this Ordinance.
Section 18. Prohibited conduct.
It is unlawful for a sexually oriented business licensee to knowingly violate the following
regulations or to knowingly allow an employee or any other person to violate the
following regulations.
(a) It shall be a violation of this Ordinance for a patron, employee, or any other
person to knowingly or intentionally, in a sexually oriented business, appear in a state of
nudity, regardless of whether such public nudity is expressive in nature.
(b) It shall be a violation of this Ordinance for a person to knowingly or intentionally,
in a sexually oriented business, appear in a semi-nude condition unless the person is an
employee who, while semi-nude, remains at least six (6) feet from any patron or customer
and on a stage at least eighteen (18) inches from the floor in a room of at least one
thousand (1,000) square feet.
(c) It shall be a violation of this Ordinance for any employee who regularly appears
semi-nude in a sexually oriented business to knowingly or intentionally touch a customer
or the clothing of a customer on the premises of a sexually oriented business.
18
(d) It shall be a violation of this Ordinance for any person to sell, use, or consume
alcoholic beverages on the premises of a sexually oriented business.
(e) It shall be a violation of this Ordinance for any person to knowingly allow a
person under the age of eighteen (18) years on the premises of a sexually oriented
business.
A sign in a form to be prescribed by the City Clerk, and summarizing the provisions of
subsections (a), (b), (c), (d), and (e), shall be posted near the entrance of the sexually
oriented business in such a manner as to be clearly visible to patrons upon entry.
Section 19. Scienter required to prove violation or business licensee liability.
This Ordinance does not impose strict liability. Unless a culpable mental state is
otherwise specified herein, a showing of a knowing or reckless mental state is necessary
to establish a violation of a provision of this Ordinance. Notwithstanding anything to the
contrary, for the purposes of this Ordinance, an act by an employee that constitutes
grounds for suspension or revocation of that employee’s license shall be imputed to the
sexually oriented business licensee for purposes of finding a violation of this Ordinance,
or for purposes of license denial, suspension, or revocation, only if an officer, director, or
general partner, or a person who managed, supervised, or controlled the operation of the
business premises, knowingly or recklessly allowed such act to occur on the premises. It
shall be a defense to liability that the person to whom liability is imputed was powerless
to prevent the act.
Section 20. Failure of City to meet deadline not to risk applicant/licensee rights.
In the event that a City official is required to act or to do a thing pursuant to this
Ordinance within a prescribed time, and fails to act or to do such thing within the time
prescribed, said failure shall not prevent the exercise of constitutional rights of an
applicant or licensee. If the act required of the City official under this Ordinance, and not
completed in the time prescribed, includes approval of condition(s) necessary for
approval by the City of an applicant or licensee’s application for sexually oriented
business license or a sexually oriented business employee’s license (including a renewal),
the license shall be deemed granted and the business or employee allowed to commence
operations or employment the day after the deadline for the City’s action has passed.
Section 21. Location of sexually oriented businesses.
(a) It shall be unlawful to establish, operate, or cause to be operated a sexually
oriented business in the City of Milton, unless said sexually oriented business is at least:
(1) 1000 feet from any parcel occupied by another sexually oriented business
or by a business licensed by the State of Georgia to sell alcohol on the premises; and
19
(2) 1000 feet from any parcel occupied by a house of worship, public or
private elementary or secondary school, public park, or any residence.
(b) Measurement. For the purpose of this section, measurements shall be made in a
straight line in all directions without regard to intervening structures or objects, from the
closest point on a boundary line of the sexually oriented business parcel to the closest
point on a boundary line of any parcel containing a house of worship, public or private
elementary or secondary school, public park, residence, another sexually oriented
business, or a business licensed by the State of Georgia to sell alcohol on the premises.
(c) Preexisting Sexually Oriented Businesses. Notwithstanding anything to the
contrary in the Milton Code, a nonconforming sexually oriented business, lawfully
existing in all respects under law prior to the effective date of this Ordinance, may
continue to operate for one (1) year following that date in order to make a reasonable
recoupment of its investment in its current location. At the conclusion of said one (1)
year, the use will no longer be recognized as a lawful nonconforming use, except that a
nonconforming sexually oriented business may obtain an extension of the original one-
year period upon a showing of financial hardship. An application for an extension based
upon financial hardship (“hardship exception”) shall be made at least sixty (60) days
before the conclusion of the aforementioned one-year (1-yr.) period.
(d) Procedure for Seeking Hardship Extension. An application for a hardship
extension shall be filed in writing with the City Clerk, and shall include evidence of
purchase and improvement costs, income earned and lost, depreciation, appraised value
of the property and/or leasehold interests, and costs of relocation. Within ten (10) days
after receiving the application, the City Clerk shall schedule a hearing on the application
before the Hearing Officer, which hearing shall be conducted within thirty (30) days after
the City Clerk’s receipt of the application. Notice of the time and place of such hearing
shall be provided to the applicant via certified mail at least ten (10) days before the
hearing. At the hearing, all parties shall have the right to offer testimony, documentary
and tangible evidence bearing on the issues; may be represented by counsel, and shall
have the right to confront and cross-examine witnesses.
The Hearing Officer shall issue a written decision within ten (10) days after the hearing
on the application for a hardship extension. The hardship extension shall be granted upon
a showing of financial hardship. Such a showing shall be established if the hearing
officer makes the following findings:
(1) The applicant has, prior to the effective date of this ordinance, made a
substantial investment, including but not limited to lease obligations incurred in an arms-
length transaction, in the property or structure on or in which the nonconforming use is
conducted;
(2) The applicant will be unable to recoup said investment as of the date
established for termination of the use; and
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(3) The applicant has made good faith efforts to recoup the investment prior to
the conclusion of the one-year (1-yr.) period.
Any extension granted under the provisions of this Section 21 shall be for a
reasonable period of time commensurate with the investment involved.
Section 22. Severability.
This Ordinance and each section and provision of said Ordinance hereunder, are hereby
declared to be independent divisions and subdivisions and, not withstanding any other
evidence of legislative intent, it is hereby declared to be the controlling legislative intent
that if any provisions of said Ordinance, or the application thereof to any person or
circumstance is held to be invalid, the remaining sections or provisions and the
application of such sections and provisions to any person or circumstances other than
those to which it is held invalid, shall not be affected thereby, and it is hereby declared
that such sections and provisions would have been passed independently of such section
or provision so known to be invalid. Should any procedural aspect of this Ordinance be
invalidated, such invalidation shall not affect the enforceability of the substantive aspects
of this Ordinance.
Section 23. Conflicting code provisions repealed.
Any provision(s) in the Milton code of ordinances specifically in conflict with any
provision in this Ordinance is hereby deemed inoperative and repealed.
Section 24. Effective date.
This Ordinance shall take effect immediately upon passage.
Approved:
________________________
Joe Lockwood, Mayor
ATTEST:
Jeanette R. Marchiafava, City Clerk
(City Seal)
21
City of Milton
t 1 115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: January 22, 2007
FROM: City Manager
AGENDA ITEM: Approval of a Master Lease Agreement and Supplemental Lease
Agreement with Georgia Municipal Association for Facilitation of Public
Safety Equipment Purchases
MEETING DATE: Thursday, February 1, 2007 Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ( YES (} NO
PLACED ON AGENDA FOR: fF�Ak q Ij ZOD
REMARKS:
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
To: Honorable Mayor and City Council Members
From: Carol R. Wolfe, CGFM, SPHR, Director of Operations
Date: February 1, 2007, City Council Meeting
Agenda Item: Approval of a Master Lease Agreement and Supplemental Lease Agreement with
Georgia Municipal Association for Facilitation of Public Safety Equipment
Purchases
CMO (City Manager’s Office) Recommendation:
Adopt the attached resolutions authorizing 1) A Master Lease Agreement with Georgia
Municipal Association and 2) Authorizing a Supplemental Lease Agreement in the amount of
$3,169,794 to fund the purchase of public safety equipment.
Background:
The initial deployment of public safety operations in the City of Milton will require the purchase
of specific equipment which is by nature, expensive. These purchases include fire apparatus,
police pursuit vehicles, radio and communication equipment, officer/firefighter safety equipment
and furnishings for facilities. Given the City’s resource restraints and the required capital outlay
for this equipment, the most economical method of purchase is a capital lease.
A capital lease is designed to assist in the management of cash flow for capital expenditures.
The equipment is leased over its useful life and at the end of the lease term, the City will own
the equipment.
Discussion:
In preparation for the issuance of a capital lease agreement, RFQ # 07-001 was let and
advertised on November 15, 2006 and due back to the City on November 29, 2006. The
specifications in the RFQ requested an interest rate quote for a capital lease to be used to
purchase public safety equipment. Rate quotes were received from six financial institutions and
the tabulation of the results is attached to this memo.
There were three rate quotes within .04% of each other with the lowest of the three at 3.93%
and ranging to 3.99%. Without a significant difference in interest rate among the three, staff is
recommending the award of the capital lease to BB&T as the financial conduit to the Georgia
Municipal Association’s Capital Lease Program. The GMA program includes the one-time
approval of a master lease agreement in which no money is attached. The Master Lease
Agreement is the first resolution before you tonight. Subsequent to the master lease
agreement, supplemental agreements are then approved for specific dollar amounts for
purchasing purposes.
1
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
2
The payment terms associated with GMA lease program were the most flexible of all the
respondents. This flexibility allows us to structure the payment as an annual payment and for
financial planning purposes, we have structured our first payment due in fiscal year 2008,
relieving budget and cash flow pressure in fiscal year 2007. A capital lease payment in the
amount of $710,987.13 will be included in the fiscal year 2008 proposed budget.
Other lease stipulations that make GMA the recommended leasing vendor are the absence of
pre-payment penalties, balloon payments, and upfront fees. The Supplemental Lease
Agreement is the second resolution before you tonight and carries a lease amount of
$3,169,794. The following are the anticipated purchases to be funded via the capital lease:
ITEM QTY COST TOTAL COST
Fire Apparatus Fire Engine/Pumper 3 400,600$ 1,201,800$
Fire Truck with Arial Ladder/Quint 1 760,000$ 760,000$
Vehicles Ford Crown Victoria - Marked Police Cruisers 15 34,000$ 510,000$
Ford Crown Victoria - Unmarked Police Cruisers 2 22,000$ 44,000$
Ford Crown Victoria - Unmark
Ford Explorer Marked - Fire B
Mach/Equip Motorola portable radios for pol
Motorola mobile radios
In-car cameras for police cruis
Lasers - State approved s
Bulletproof vests
Fire Station Equipment, incl
bunk rooms, kitchen, dining room
ice machine and laundry fac
Office equipment (copier, fax)
Office furniture
Dell desktop computers
Dell laptop computers for vehi
IT servers for public safety so
ed Fire Chief 1 22,000$ 22,000$
attalion Chief 1 35,000$ 35,000$
ice & fire 34 3,548$ 120,632$
24 3,748$ 89,952$
ers 16 6,000$ 96,000$
peed detection devices 4 3,600$ 14,400$
17 530$ 9,010$
udes furnishing for
& day room,
ilities 3 50,000$ 150,000$
5 1,000$ 5,000$
5 1,000$ 5,000$
7 2,500$ 17,500$
cles 17 3,500$ 59,500$
ftware systems 2 15,000$ 30,000$
Alternatives:
An alternative to the lease program is the traditional cash outlay needed to purchase the
identified equipment. While the City’s long-term financial goal is a Capital Improvement
Program strong enough to purchase and replace capital equipment, in the infancy of
incorporation a cash outlay for these purchases would not be a feasible alternative.
Concurrent Review:
Aaron Bovos, CGFM, CTP, City Manager
BIDDER NAMEBID PROPOSAL FORMBID BONDCERTIFICATION BY CONTRACTORNONCOLLUSION AFFIDAVITCERTIFICATIONSCONTRACTOR'S QUALIFICATIONSADDENDUM #1ADDENDUM #2ADDENDUM #3SCHEDULE OF ITEMSSEPARATE COST PROPOSALALTERNATE 'A' ALTERNATE 'B' ALTERNATE 'C' ALTERNATE 'D' TOTAL BIDWachovia3.93%SunTrust3.97%BB&T/GMA3.99%De Lage Landen Public Finance4.08%Bank of North Georgia4.30%GE Public Finance4.63%BID TABULATIONBID/RFP #: RFQ 07-001 DATE: 11/29/06BID/RFP NAME: Capital Equipment Lease (Public Safety Deployment) 3
EXHIBIT “C”
[MASTER LEASE]
RESOLUTION
To authorize and direct the execution and delivery of certain lease documents; to provide a
statement by legislative findings and intent; to designate such leases as qualified tax-exempt obligations;
to provide an effective date; and for other purposes.
BE IT RESOLVED, as the case may be:
Section 1. The City finds that the leasing of certain property pursuant to a Master Lease (the
“Master Lease”) with the Georgia Municipal Association, Inc. is essential to operation of the
governmental functions of the City. The execution and delivery of such documents as may be necessary
to effectuate these purposes is authorized.
Section 2. The City Manger of the City is hereby authorized and directed in the name and on
behalf of the City to execute and deliver the Master Lease in substantially the form presented to this
meeting, with such changes and additions as shall be approved by the officer who executes the same,
and such other documents as shall be deemed by such officer to be necessary or desirable to effect the
purposes hereof; and such execution shall constitute conclusive evidence that the executed document has
been authorized and approved. The aforesaid officer is further authorized to do all things necessary or
appropriate to effectuate the purposes hereof
Section 3. The leases contemplated by the Master Lease are hereby designated “qualified tax-
exempt obligations” within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as
amended.
Section 4. This action shall be effective immediately.
This ____________ day of _______________________ 20_________.
Officer: _________________________ Attest: ___________________________
Title: City Manager Title: City Treasurer
CLERK’S CERTIFICATE
The undersigned hereby certifies that I am the Clerk of Milton, Georgia (the “City”; that the attached hereto is a true
copy of the Ordinance or Resolution (check one) duly and finally enacted or adopted by the governing body of the City
at a meeting duly held on _____________________________, at which a quorum was present and acting throughout, and
that it has not been rescinded or modified and is now of full force and effect.
GIVEN under the seal of the City, this ________ day of _______________________________________
(SEAL) _________________________________________
City Clerk
SCHEDULE F
RESOLUTION FOR SUPPLEMENTAL LEASES
A RESOLUTION TO AUTHORIZE AND
DIRECT AN OFFICER OF THE CITY
TO EXECUTE ONE OR MORE LEASE SUPPLEMENTS FOR A LEASE
OR LEASES UNDER THE GMA DIRECT LEASING PROGRAM; TO DESIGNATE
SUCH LEASES AS QUALIFIED TAX-EXEMPT OBLIGATIONS;
TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the City has entered into a Master Lease (the “Master Lease”) dated as of ____________________,
with Georgia Municipal Association, Inc. for the leasing from time to time of certain equipment, machinery or other
personal property pursuant to Supplemental Leases;
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS BY THE GOVERNING BODY OF THE CITY:
1. The City Manager of the City is hereby authorized and directed to execute and deliver a Lease
Supplement pursuant to the Master Lease to put into effect one or more leases for Various Public
Safety & Office Equipment (the “Leased Property”); said officer of the City is authorized and
directed in the name and on behalf of the City to execute and deliver (i) one or more Lease
Supplements for items of the Leased Property in substantially the form attached to the Master
Lease, with such changes and additions as may be approved by said officer, and (ii) such other
documents as may be deemed by such officer to be necessary or desirable to effect the purposes
hereof or of the Master Lease, and such execution shall constitute conclusive evidence that the
executed document has been authorized and approved hereby; the aforesaid officer is further
authorized to do all things necessary or appropriate to effectuate the purposes hereof.
2. An appropriation in the City’s current operating budget has previously been made in the amount of
$710,987.13, which shall be sufficient to pay the “Rentals” and the “Termination Payment” during
the “Starting Term” under such Lease Supplements; or
689721
(check box if applicable)
An appropriation from unappropriated and unreserved funds in the City’s current operating budget
is hereby made in the amount of $710,987.13 for the “Rentals” and the “Termination Payment”
during the “Starting Term” under such Lease Supplements, and the budget of the City is hereby
amended to reflect such appropriation to the extent necessary.
3. The lease or leases contemplated by the said Lease Supplements are hereby designated “Qualified
Tax-Exempt Obligations” within the meaning of Section 265(b)(3) of the Internal Revenue Code
of 1986, as amended, and said officer shall be authorized to confirm such designation by execution
of appropriate documents in connection therewith.
4. This authorization shall be effective immediately.
CLERK’S CERTIFICATE
The undersigned hereby certifies that he or she is the Clerk of the City of Milton, Georgia (the “City”), and that the
foregoing is a true copy of the □ Resolution or, □ Ordinance [Check One] adopted by the governing body of the
City at a meeting duly held on __________________________, at which a quorum was present and acting
throughout, and that the same has not been rescinded or modified and is now is in full force and effect. Given under
the seal of the City, this ________________________________.
(SEAL) __________________________________
City Clerk
City of Milton
115 Perimeter Center Piave NE Suite 785 Atlanta, Georgia 30346
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: January 22, 2007
FROM: City Manager *1
AGENDA ITEM: A Resolution to Set [qualifying Fees for the 2007 Municipal Elections
MEETING DATE: Thursday, February 1, 2007 Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: 4 APPROVED () NOTAPPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES k NO
PLACED ON AGENDA FOR: P*VW 1, -2 o D-7
REMARKS:
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
To: Honorable Mayor and City Council Members
From: Jeanette Marchiafava, City Clerk/Clerk of Court
Date: January 16, 2007 for Submission onto the February 1, 2007 Regular City Council Meeting for
Agenda Item: A Resolution to Set Qualifying Fees for the 2007 Municipal Elections
CMO (City Manager’s Office) Recommendation:
Approve the Resolution to Set Qualifying Fees for the 2007 Municipal Elections
Background:
The City of Milton is committed to conducting City business in a manner that complies with all legal
requirements, fosters citizen confidence in City government, and promotes efficient and effective
government operations.
Discussion:
In compliance with House Bill 1470, the City of Milton will be holding elections for Council Seats from
District 2, District 4, and District 6 in 2007. Georgia Election Code Section 21-2-131(a) (1) provides
that qualifying fees shall be fixed not later than February 1st of any year in which a general election is to
be held, and State law provides that such fees shall be three percent of the total gross salary of the office
paid in the preceding year if a salaried office. The following qualifying fees shall apply to candidates
seeking municipal office in the election to be held on November 6, 2007: City Councilmember $390.00.
A copy of the Resolution shall be published in the newspaper of general circulation following its
adoption.
Alternatives: N/A
Concurrent Review:
Aaron J. Bovos, City Manager
Page 1 of 1
STATE OF GEORGIA RESOLUTION NO. _____
FULTON COUNTY
RESOLUTION OF THE CITY OF MILTON, GEORGIA
TO SET QUALIFYING FEES FOR MUNICIPAL ELECTIONS
The Council of the City of Milton hereby resolves while in regular session on the 1st day of
February, 2007 at 7:00 pm:
WHEREAS, effective January 1, 1999, the Georgia Municipal and Georgia Election
Codes were combined into one known as the Georgia Election Code; and
WHEREAS, such Code provides at § 21-2-131(a)(1) that qualifying fees shall be fixed
not later than February 1 of any year in which a general election is to be held; and
WHEREAS, State law provides that such fees shall be three percent (3%) of the total
gross salary of the office paid in the preceding year if a salaried office; and
WHEREAS, in compliance with House Bill 1470, the City of Milton will be holding
elections for Council Seats from District 2, District 4, and District 6 in 2007; and
WHEREAS, the Internal Revenue Service has held that Councilmembers hold salaried
positions:
NOW, THEREFORE, the Mayor and Council of the City of Milton, Georgia, pursuant to
their authority do hereby adopt a Resolution as follows:
1.
The following qualifying fees shall apply to candidates seeking municipal office in the
election to be held November 6, 2007:
City Councilmember - $390.00
2.
Let a copy of this Resolution be published in a newspaper of general circulation
following its adoption.
The above Resolution was read and approved by the Mayor and Council of the City of
Milton on the 1st day of January, 2007.
______________________________
Attest: Joe Lockwood, Mayor
Jeanette R. Marchiafava, City Clerk
(Seal)
PUBLIC NOTICE
CITY OF MILTON, GEORGIA
QUALIFYING FEES
The qualifying fee for a City of Milton, Georgia council seat is $390.00, which is 3% of
the total gross salary of the preceding calendar year. In compliance with House Bill
1470, the City of Milton will be holding elections for Council Seats from District 2,
District 4, and District 6 in 2007. The Qualifying Dates for the November 2007 General
Election will be Monday, August 27, 2007 thru Friday, August 31, 2007 and the hours for
qualifying will be from 8:30 a.m. to 4:30 p.m. (GA Election Code 21-2-132). Qualifying
will be held at the Milton City Hall Offices located at 13000 Deerfield Parkway, Building
100, Milton, GA 30004.
Jeanette R. Marchiafava
City Clerk
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
TO: City Council
FROM: City Manager
CITY COUNCIL AGENDA ITEM
DATE: January 22, 2007
AGENDA ITEM: Approval to Amend the City Council Meeting Schedule and Work
Session Schedule
MEETING DATE: Thursday, February 1, 2007 Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: NAPPROVED (} NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES (�NO
PLACED ON AGENDA FOR: f�WKN it IC5-1
REMARKS:
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
To: Honorable Mayor and City Council Members
From: Jeanette Marchiafava, City Clerk/Clerk of Court
Date: January 22, 2007 for Submission onto the February 1, 2007 Regular City Council Meeting for
Agenda Item: Approval to Amend the City Council Meeting Schedule and Work Session Schedule
CMO (City Manager’s Office) Recommendation:
Approve the amended City Council meeting schedule to effectuate meeting dates and times that provide
for public participation and balance the schedule with anticipated holidays.
Background:
The City of Milton is committed to conducting City business in a manner that complies with all legal
requirements, fosters citizen confidence in City government, and promotes efficient and effective
government operations. As a part of our open and transparent government process, the Mayor and City
Council adopted a meeting schedule on November 21, 2006. Since adoption, several conflicts have been
identified and are discussed below.
Discussion: The goal of any meeting schedule is to provide advance notice to the elected officials, staff,
and the public of when formal business will be conducted by the municipality. Because of conflicts and
potential benefits to changing the schedule, the following amendments are proposed:
1) Reschedule the April 5, 2007 meeting to April 12 due to Fulton County Schools Spring
Break;
2) Move the April 12th work session to April 26, 2007; and
3) Cancel the July 5, 2007 regularly scheduled meeting.
Alternatives: N/A
Concurrent Review:
Aaron J. Bovos, City Manager
Page 1 of 1
CITY COUNCIL MEETING SCHEDULE
November 14, 2006 Special
November 21, 2006 Special
November 30, 2006
December 7, 2006
December 21, 2006
January 4, 2007 Regular Meetings
January 18, 2007
February 1, 2007
February 15, 2007
March 1, 2007
March 15, 2007
April 12, 2007
April 19, 2007
May 3, 2007
May 17, 2007
June 7, 2007
June 21, 2007
July 19, 2007
August 2, 2007
August 16, 2007
September 6, 2007
September 20, 2007
October 4, 2007
October 18, 2007
November 1, 2007
November 15, 2007
December 6, 2007
December 20, 2007
WORKSHOP SESSION SCHEDULE
2007
January 25, 2007
February 8, 2007
March 8, 2007
April 26, 2007
May 10, 2007
June 14, 2007
July 12, 2007
August 9, 2007
September 13, 2007
October 11, 2007
November 8, 2007
December 13, 2007