HomeMy WebLinkAbout11-03-2008-PacketCITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Julie Zahner Bailey
Bill Lusk
Burt Hewitt
Tina D’Aversa
Alan Tart
Monday, November 3, 2008 Regular Council Meeting Agenda 6:00 PM
INVOCATION – Scott Seeke, Pastor, River Lutheran Church
1) CALL TO ORDER
2) ROLL CALL
3) PLEDGE OF ALLEGIANCE (Led by the Sons of the American Revolution)
(Agenda Item No. 08-706)
4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda)
5) PUBLIC COMMENT
6) CONSENT AGENDA
(Agenda Item No. 08-698)
1. Approval of the October 13, 2008 Work Session Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 08-707)
2. Approval of the October 20, 2008 Regular Meeting Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
7) REPORTS AND PRESENTATIONS
1. A Veterans Day Proclamation.
(Presented by Councilmember Bill Lusk)
2. A proclamation declaring November 2008 as Family Month.
(Presented by Joe Lockwood, Mayor)
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Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
MILTON CITY COUNCIL REGULAR MEETING AGENDA NOVEMBER 3, 2008 – 6:00 PM
8) FIRST PRESENTATION
(Agenda Item No. 08- 708)
1. Approval of an Ordinance Amending the Noise Control Ordinance within the City of
Milton, Georgia.
(Presented by Chris Lagerbloom, Public Safety Director)
(Agenda Item No. 08-709)
2. Approval of an Ordinance Establishing Solid Waste Collection Services Within the City
of Milton; Providing for the Scope and Nature of the Operation; Providing for the
Disposal of Garbage, Solid Waste and Refuse; Requiring the Execution by Service
Providers of a Non-Exclusive Agreement with the City of Milton; Providing Procedures
for the Handling of Complaints; Providing for Forfeiture; and for Making Other
Provisions. (This ordinance is adopted annually.)
(Presented by Chris Lagerbloom, Public Safety Director)
(Agenda Item No. 08-710)
3. U08-06 - 13365 Arnold Mill Road by Extreme Mulch to obtain a Use Permit for a
Landscaping Business (Article 19.4.27) on 3.75 acres with a 2,500 square foot existing
office and an existing 2,000 square foot pole barn at a density of 666.66 square feet per
acre.
(Presented by Alice Wakefield, Community Development Director)
(Agenda Item No. 08-711)
4. RZ08-11 – Text Amendment to Article 3, “Definitions” of the City of Milton Zoning
Ordinance.
(Presented by Alice Wakefield, Community Development Director)
9) ZONING AGENDA (None)
10) PUBLIC HEARING
1. Public Hearing on Comprehensive Plan Partial Update.
(Presented by Alice Wakefield, Community Development Director)
11) UNFINISHED BUSINESS (None)
12) NEW BUSINESS
Agenda Item No. 08-712)
1. Approval of Resolution Amending Resolution No. 08-10-46, A Resolution to Create the
Milton Grows Green Committee and its Governing Board and for other Designated
Purposes by Adding an MGG Committee Governing Board Member.
(Presented by Councilmember Tart)
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Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
MILTON CITY COUNCIL REGULAR MEETING AGENDA NOVEMBER 3, 2008 – 6:00 PM
(Agenda Item No. 08-713)
2. Approval of a Resolution of the Mayor and City Council of the City of Milton, Georgia
in Support of the November 4, 2008 Atlanta-Fulton Public Library System Bond
Referendum.
(Presented by Councilmember Karen Thurman)
(Agenda Item No. 08-714)
3. Approval of a Resolution in Support of Legislation to Amend Article III, Section IX,
Paragraph VI of the Constitution of Georgia and OCGA 15-21-92 in the 2009 Session of
the Georgia Assembly.
(Presented by Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 08-715)
4. Approval of a Resolution Establishing the Policy in Milton Concerning the
Standardization of Structure and other Attributes of Boards, Commissions, and
Committees.
(Presented by Councilmember Karen Thurman)
13) MAYOR AND COUNCIL REPORTS
14) STAFF REPORTS
15) EXECUTIVE SESSION (if needed)
(Agenda Item No. 08-716)
16) ADJOURNMENT
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Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
The minutes will be
Provided
electronically
COUNTY OF FULTON
STATE OF GEORGIA ORDINANCE NO. 08-11-___
AN ORDINANCE AMENDING THE NOISE CONTROL ORDINANCE
WITHIN THE CITY OF MILTON, GEORGIA.
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regular
called council meeting on the _____ day of November, 2008 as follows:
Section 1. Declaration of policy.
It is hereby declared to be the policy of the city of Milton to minimize the exposure of
citizens to the physiological and psychological dangers of excessive noise and to protect,
promote and preserve the public health, safety and general welfare. It is the express intent
of the city council to control the level of noise in a manner which promotes commerce,
the use, value and enjoyment of property, sleep and repose, and the quality of the
environment.
Section 2. Definitions.
As used in this chapter, the following terms shall have the following meanings. All
technical terminology used in this chapter and not defined specifically herein shall be
interpreted in conformance with American National Standards Institute’s Specifications.
A. “dB(A)” means the sound level measured in decibels, using the “A” weighting
network on a sound level meter.
B. “District” means the land use zone to which the provisions of this chapter are
applied. For the purposes of this chapter:
1. “Residential district” includes all “R” classified, AG-1, A, AL, CUP, NUP,
and TR zoning districts.
2. “Commercial districts” include C-1, C-2, M-1, MIX and O-I zoning districts.
C. “Emergency work” means work required to restore property to a safe condition
following a public calamity, work required to protect persons or property from an
immediate exposure to danger, or work by private or public utilities for providing or
restoring immediately necessary utility services.
D. “Equipment” means any stationary or portable device or any part thereof capable
of generating sound.
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E. “Noise control administrator” means the person designated by the City Manager
to enforce the provisions of this chapter. In addition to the noise control administrator,
any police officer or code enforcement officer may enforce the provisions of this chapter.
F. “Person” means any individual, firm, association, partnership, corporation or any
other entity, public or private.
G. “Property boundary” means the surveyed line at ground surface which separates
the real property owned, rented or leased by one or more persons from that owned, rented
or leased by another or others, and its vertical extension.
H. “Receiving property” means the real property within which sound originating
from outside the property is received.
I. “Sound level meter” means a sound level measuring device either type I or type II
certified special use meters as defined by American National Standards Institute’s
Specifications.
Section 3: Unlawful sounds.
It is unlawful for any person to cause sound, or for any person in possession of
property to permit sound originating from such property to intrude into the real property
of another person whenever such sound exceeds the maximum permissible sound level
established in this chapter.
Section 4: Maximum permissible sound levels.
The maximum permissible sound level as measured at the property line or anywhere
within the receiving property shall be as set forth in the following table:
District of Received Sound
District of Sound
Source
Residential Commercial
Residential 65dB(A) 70
Commercial 65 70
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Section 5: Modification to maximum permissible sound levels.
The maximum permissible sound levels established by this chapter shall be reduced or
increased by the sum of the following:
A. Between the hours of 10:00 p.m. and 7:30 a.m. the noise levels shall be reduced by
10 5 dB(A) for receiving property within residential districts, except for noise from
electrical substations and existing stationary equipment used in conveyance of water by a
utility.
B. Between the hours of 7:30 a.m. and 10:00 p.m., the applicable noise levels may be
exceeded for any receiving property by no more than:
1. 5 dB(A) for a total of 15 minutes in any one hour period, or
2. 10 dB(A) for a total of five minutes in any one hour period, or
3. 15 dB(A) for a total of 1.5 minutes in any one hour period.
Section 6: Exemptions.
The following sounds are exempt from the provisions of Section 5 of this chapter at all
times:
A. Noises caused by motor vehicles used for highway maintenance or noises caused
in the performance of emergency work for the immediate safety, health or welfare of the
community or of individuals of the community, or to restore property in a safe condition
following a public calamity.
B. Sounds created by church bells, chimes or carillons not operating for more than
five minutes in any one hour.
C. Sounds originating from aircraft and watercraft.
D. Sounds created by safety and protective devices, such as relief valves, where
noise suppression would defeat the safety release purpose of the device.
E. Sounds created by fire alarms and emergency equipment operated by law
enforcement, fire fighters and aid personnel.
F. Sounds created by the operation of equipment or facilities of surface carriers
engaged in commerce by railroad.
G. Sounds originating from officially sanctioned parades and other city-sponsored
events to which the general public is solicited to attend without charge.
H. Sounds caused by natural phenomena and unamplified human voices, except for
public disturbance noises as defined in Section 9.
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Section 7: Sounds exempt during daytime hours.
A. The following sounds are exempt from the provisions of this chapter between the
hours of 7:30 a.m. to 10:00 p.m.:
1. Sounds originating from residential property relating to homeowner-sponsored
temporary projects for the maintenance and repair of existing homes and
grounds, including but not limited to lawn mowers, saws, hammering and
gardening. This exemption applies to the construction such incidental
appurtenances for existing homes as fences, decks, patios, carports, swimming
pools, ponds, walkways and private kennels.
2. Sounds created by blasting.
3. Sounds created by the installation or repair of essential utility services or public
road projects.
B. Sounds originating from construction sites under permit as a result of construction
activity or commercial lawn maintenance are exempt from the provisions of this chapter,
but only during the hours of 7:30 a.m. to 7:30 p.m. on weekdays and 9:00 a.m. to 6:00
p.m. on Saturdays.
C. There shall be no construction generated sounds allowed on Sundays and federal
holidays.
D. Sounds emanating from a league, school or church-sponsored sporting or
recreational event shall be exempt so long as they do not exceed 70dB(A).
Section 8: Variances.
A. Variances may be granted to any person from any requirement of this Ordinance
if findings are made that immediate compliance with such requirement cannot be
achieved because of special circumstances rendering immediate compliance unreasonable
in light of economic or physical factors, encroachment upon an existing noise source or
because of nonavailability of feasible technology or control methods.
B. Any such variance or renewal thereof shall be granted only for the minimum time
period found to be necessary under the facts and circumstances.
Section 9: Public disturbance noises.
It is unlawful for any person knowingly to cause or make, or for any person in
possession of property knowingly to allow to originate from the property, unreasonable
noise which disturbs another, and to refuse or intentionally fail to cease the unreasonable
noise when ordered to do so by a police officer or code enforcement officer.
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_______________________________
______________________________
Section 10: Penalties.
Any person found guilty of violating any provision of this Ordinance shall be
punished in a manner consistent with Chapter 1, General Provisions, Article 3,
Violations, Section 1 of this Code of Ordinances. Violations of a continuing nature, each
day during which it occurs, shall constitute an additional, separate and distinct offense.
Section 11: Severability.
If any word, phrase or other portion of this chapter is for any reason held invalid, the
remaining portions of this chapter shall not be affected.
Section 12: Repealer.
All Ordinances or parts of ordinances in conflict herewith are held repealed, including
without limitation, the previously existing City of Milton Noise Control Ordinance.
ORDAINED this ____ day of November, 2008.
Joe Lockwood, Mayor
Attest:
Jeanette R. Marchiafava, City Clerk
(Seal)
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City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Chris Lagerbloom, Acting City Manager
Date: October 15, 2008 for submission onto the October 20, 2008 Regular Meeting Agenda for
First Presentation and the November 3, 2008 Regular City Council Meeting for Second
Reading
Agenda Item: Annual Re-enactment of Ordinance Approving and Establishing the Regulation of
Solid Waste Collection Services within the City of Milton, and Providing for the
Scope and Nature of the Operation of Such Services.
CMO (City Manager’s Office) Recommendation:
Re-approve the ordinance approving and establishing the regulation of solid waste collection
services within the City of Milton, and direct City staff to facilitate the contracting of such
services to providers currently in operation and those who may become in operation.
Background:
The original ordinance was passed on November 21, 2006. This ordinance is required to be re-
enacted each year. Last year, the City Council approved this Ordinance on November 15,
2007. The City’s authority to enter into solid waste franchise agreements emanates from this
ordinance.
Discussion:
This ordinance needs to be re-enacted each year in order to continue the validity of our solid
waste franchise agreements.
Alternatives:
If not re-enacted, the City would lose its authority to regulate solid waste collection within the
city and the ability to collect franchise fees for the same activity, with the accompanying loss of
revenue.
Financial Impact:
The ordinance contains the requirement for an infrastructure maintenance fee to be paid to the
City quarterly in the amount of 5% of gross revenues. The impact to residential constituents has
been less than one dollar ($1.00) per month. Further, this revenue is dedicated to the
maintenance of infrastructure, primarily the resurfacing of roadways.
Concurrent Review:
Ken Jarrard, City Attorney
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ORDINANCE NO. ______
CITY OF MILTON
COUNTY OF FULTON
STATE OF GEORGIA
AN ORDINANCE ESTABLISHING SOLID WASTE COLLECTION SERVICES WITHIN THE
CITY OF MILTON; PROVIDING FOR THE SCOPE AND NATURE OF THE OPERATION;
PROVIDING FOR THE DISPOSAL OF GARBAGE, SOLID WASTE AND REFUSE;
REQUIRING THE EXECUTION BY SERVICE PROVIDERS OF A NON-EXCLUSIVE
AGREEMENT WITH THE CITY OF MILTON; PROVIDING PROCEDURES FOR THE
HANDLING OF COMPLAINTS; PROVIDING FOR AN INFRASTRUCTURE MAINTENANCE
FEE; REQUIRING INDEMNITY INSURANCE; PROVIDING FOR REVOCATION AND
AMENDMENT; PROHIBITING ASSIGNMENT AND SUBLETTING WITHOUT CONSENT;
PROVIDING FOR FORFEITURE; AND FOR MAKING OTHER PROVISIONS.
WHEREAS, several companies (“Company”) currently operate solid waste services within the corporate
city limits pursuant to their contracts with their customers; and
WHEREAS, the City of Milton (“City”) seeks to provide standards of operation, regulation, and
oversight in the providing of solid waste services within the corporate city limits; and
WHEREAS, it is in the interest of the City and its citizens to offer companies currently providing such
services a non-exclusive contract on such terms and conditions that will provide the City with the controls
and options necessary to provide for the public good.
NOW, THEREFORE, COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS:
Section 1. Definitions.
1.0 For the purpose of this ordinance, whenever inconsistent with the context, words used in
the present tense include the future tense, words in the plural include the singular, words
in the singular include the plural, and the use of any gender shall be applicable to all
genders whenever the sense requires. The words "shall" and "will" are mandatory and the
word "may" is permissive. Words not defined in this Section 1 or otherwise in this
ordinance shall be given their common and ordinary meaning.
The following words, terms, phrases and their derivations shall, in this ordinance, have
the meaning given in this section.
1.1 “City” means the City of Milton, Georgia, an incorporated municipal government in
Fulton County, State of Georgia. Boundaries defining the City limits may be changed via
ordinances approved by the City Council, for which any new boundary created shall be
subject to this contract.
1.2 “Company” means any organization, firm, person, entity, corporation or other business
that contracts with customers to provide for the collection and disposal of solid waste
material as defined in this ordinance, and including but not limited to
construction/demolition debris, dead animals, garbage, waste, storm debris, yard
trimmings, and recyclable material.
1.3 “Solid Waste” means the collection of residential and commercial non-recyclable waste,
residential and commercial recyclable waste, and residential yard trimmings/waste.
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1.4 “Approved Container or Approved Bag” or “Container” or “Bag” means those containers
used in the collection of solid waste, as defined in this ordinance, which have been
approved by the Company for use by both residential and commercial customers.
1.5 “Construction/Demolition Debris” shall have the meaning set forth by the Georgia
Department of Natural Resources, Environmental Protection Division (Georgia EPD
Chapter 391-3-4.01(14)).
1.6 “Dead Animals” shall mean animals or portions thereof equal to or greater than ten (10)
pounds in weight that have died from any cause, except those slaughtered or killed for
human use.
1.7 “Effective Date” means any contract executed between the City and any Company on or
after December 1, 2008.
1.8 “Term” shall mean a period of one year from the effective date.
1.9 “Environmental Laws” means all applicable laws, directives, rules, ordinances, codes,
guidelines, regulations, governmental, administrative or judicial orders or decrees or
other legal requirements of any kind, including, without limitation, common law, whether
currently in existence or hereafter promulgated, enacted, adopted or amended, relating to
safety, preservation or protection of human health and the environment (including
ambient air, surface water, groundwater, land, or subsurface strata) and/or relating to the
handling, treatment, transportation or disposal of waste, substances or materials,
including, without limitation, any matters related to releases and threatened releases of
materials and substances.
1.11 “Area” shall mean the area within the boundaries of the incorporated areas of the City of
Milton, as they exist as of the Effective Date in addition to future boundary changes as
outlined in section 1.1.
1.12 “Garbage” shall have the meaning set forth at Georgia Department of Natural Resources,
Environmental Protection Division (“Georgia EPD Chapter 391-3-4-.01(21)).
1.13 “Hazardous Materials” means any pollutant, contaminant, hazardous or toxic substance,
constituent or material, including, without limitation, petroleum products and their
derivatives, or other substances, regulated under or pursuant to any Environmental Laws.
The term Hazardous Materials also includes any pollutant, contaminant, hazardous or
toxic substance, constituent or material, including, without limitation, petroleum products
and their derivatives, or other substance that is, after the date first written above, deemed
hazardous be any judicial or governmental entity, body or agency having jurisdiction to
make that determination.
1.14 “Hazardous Waste” means any waste regulated under or pursuant to any Environmental
Laws, including, but not limited to, any solid waste which has been defined as a
hazardous waste in regulations promulgated by the Board of Natural Resources, Chapter
291-3-11. The term Hazardous Waste also includes Hazardous Materials and any waste
that is, after the Effective Date of this Agreement, deemed hazardous by any judicial or
governmental entity, board, body or agency having jurisdiction to make that
determination. The term “Hazardous Waste” will be construed to have the broader, more
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encompassing definition where a conflict exists in the definitions employed by two or
more governmental entities having concurrent or overlapping jurisdiction over Hazardous
Waste.
1.15 “Residential Unit” shall mean any structure, whether single family, multi-family, or
otherwise whose primary purpose is for living.
1.16 “Commercial Unit” shall mean any structure, whether free standing or designed to serve
multiple tenants, whose primary purpose is for conducting business.
1.17 “Construction Site” shall mean any parcel of land or real property having land
disturbance, clearing & grading, demolition, improvements & betterments, renovation,
remodeling and/or new construction work performed thereon or about the real property or
premises whether or not a land disturbance and/or building permit is required.
1.18 “Recycling” shall have the meaning set forth at Georgia Department of Natural
Resources, Environmental Protection Division (“Georgia EPD”) Chapter 391-3-4-
.01(57).
1.19 “Waste” means all putrescible and non putrescible solid, semi-solid, and liquid wastes,
including residential or commercial garbage, trash, refuse, paper, rubbish, ashes, manure,
vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid
wastes.
1.20 “Yard Trimmings” shall have the meaning set forth at Georgia Department of Natural
Resources, Environmental Protection Division (“Georgia EPD”) Chapter 391-3-4-
.01(77).
1.21 “Customer” shall mean any firm, person, entity, corporation or organization that contracts
with a Company for the collection and disposal of solid waste material as defined in this
ordinance,and including but not limited to construction/demolition debris, dead animals,
garbage, waste, storm debris, yard trimmings, and recyclable material.
1.22 "Gross Receipts" shall mean the total amount collected by the Company from any and all
Customers for services rendered under authority of this Ordinance as a result of charges
for service. Gross receipts shall not include the Infrastructure Maintenance Fee identified
in this ordinance.
Section 2. Grant of Non-Exclusive Contract.
The City shall hereby grant to Companies a non-exclusive contract pursuant to the terms set forth herein
to use the public streets, alleys, roads and thoroughfares within the City for the purpose of operating and
engaging in the business of collecting and disposing of Waste; including, but not limited to, contracting
with Customers and providing service pursuant to contract therefore, placing and servicing containers,
operating trucks, vehicles and trailers, and such other operations and activity as are customary and/or
incidental to such business and service.
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Section 3. Term.
The term of any agreement shall be for a period of one (1) year beginning on the effective date of the
Contract execution and terminating on the first anniversary of said date. The Company shall begin
performance under this contract immediately after the effective date of the Contract execution.
Section 4. Scope and Nature of Operation.
4.1 Residential and Commercial Refuse and Waste. The Company may collect and deliver for
disposal all Residential and Commercial Refuse and Waste accumulated within the
corporate limits of the City by the Company's Customers and the words "refuse",
"garbage", "trash" and "waste" when used in this Ordinance are used for convenience and,
unless the context shows otherwise, refer to yard trimmings, recycling, storm debris,
garbage, and construction/demolition debris. The Company will furnish the personnel and
equipment to collect refuse, provide the services described herein, and as contracted for
with its Customers, in an efficient and businesslike manner.
4.2 Service Provided-Company shall provide container, bin and other collection service for the
collection of Residential and Commercial Refuse and Waste according to the individual
Customer agreements and applicable City regulations and shall make provision for the
special collection of such refuse and waste upon request. The Company shall cause or
require its equipment, containers and bins to be kept and maintained in a manner to not
cause or create a threat to the public health and shall keep the same in a good state of
repair.
4.3 Collection Operation-(a) Save and except as provided in this Section, collection shall not
start before 7:30 AM or continue after 7:30 PM at any location. Company may request
variances to this collection period provided that collections: (i) are made in a manner that
does not cause or result in loud noise; and (ii) that are made at a location which will not
cause the disturbance of persons occupying the premise or neighboring property must first
be confirmed prior to the request. All requests for variances of times must be submitted to
the City Manager, or his designee, and include documentation on the hardship created by
the collection operation period. Should such a collection operation variance be granted and
the city receive two complaints about the collection operation in any six month time
period, the City shall verify and substantiate the factual basis for any complaints. Should
the complaints be substantiated, the collection operation variance will be revoked. The
frequency of collection shall be determined by each individual customer agreement.
4.4 Holidays- The Company shall observe such holidays as it, in its sole discretion, determines
appropriate. Notification must be given by the Company to it’s Customers of the holidays
and resulting collection cycles.
4.5 All Companies must maintain a local customer service telephone number while conducting
business within the City. The telephone number must be publicly listed in a phone book
and available through directory assistance. Each Company providing trash receptacles,
whether commercial or residential, must mark each receptacle with the Company’s name
and telephone number in letters not less than four (4) inches in height. Each Company
must provide a mechanism to accept, investigate, and respond to customer complaints.
Companies are strongly encouraged to use multi-media devices including interactive
websites, e-mail, fax, and automated telephone systems. Service calls received by the City
as a result of non-Company performance will result in the consideration of revocation of a
non-exclusive contract or the City’s choice to not renew an existing agreement.
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4.6 Any invoice, bill, statement, or other device intended to request remittance by the customer
to the Company of funds for payment of service shall include at a minimum, the
Company’s telephone number and payment methods available to customers.
4.7 All Companies providing residential service or service to residential multi-family units
must provide a recycling program to all customers. This program is intended to promote
recycling programs throughout the City by reducing the amount of waste landfilled.
Commodities may be commingled by the consumer and collected commingled by the
hauler. Recycled commodities which must be offered in all programs are as follows:
brown, clear, and green glass; steel and tin cans; aluminum cans, foil, pie pans, plastic
items (#1, #2, and #3); cardboard, cereal boxes and any non-waxed paper containers; brown
paper grocery bags; newspapers; magazines; telephone books; junk mail; office papers; and
school papers. Customers shall be charged for the recycling program by the Company
regardless of utilization of the service. Haulers are to include this service with their
residential rate structure; however, the charge for recycling shall be shown separate from
other services provided.
4.8 All Companies providing commercial service must offer and promote a recycling program
to all customers. This program is intended to promote recycling programs throughout the
City by reducing the amount of waste landfilled.
4.9 All Companies providing residential service must offer the collection of yard trimmings to
all customers. This program is intended to assist in the collection and disposal of grass
clippings; leaves; pine cones and needles; twigs, limbs, and trunks of trees meeting size
limitations set by Company; bushes, brush, and all other general debris generated from the
maintenance of residential yards and lawns.
5.0 It shall be the Company’s obligation and responsibility to educate all Customers on
industry trends and best practices relating to solid waste collection, removal, and disposal.
Such education programs must consist of the following elements: recycling; holiday
schedules; new customer information; and any service related items. All Companies have
the obligation to inform Customers of any non-collected trash or items placed for collection
by the Customer but not covered under the agreement between the Customer and the
Company. Further, it shall be the Company’s obligation and responsibility to educate
Customers on days of collection for each specific service provided. All education and
communication between the Company and Customers should promote the placement of
residential collectibles at the curb the night before pick-up. Receptacles, containers, or
bagged materials shall not be left at the curb for longer than a twenty-four (24) hour period.
Section 5. Vehicles to be Covered and Identified.
All vehicles used by Company for the collection and transportation of refuse shall be covered at all times
while loaded and in transit to prevent the blowing or scattering of refuse onto the public streets or
properties adjacent thereto, and such vehicles shall be clearly marked with the Company's name and
telephone number in letters not less than four (4) inches in height.
5.1 Company must provide a comprehensive and proactive driver safety education program
which encourages safety on City streets. Such program must be demonstrated and
conveyed to the City. Company must comply with all other regulatory agencies, both local,
state, or otherwise with respect to commercial vehicle operation within the City. Service
calls received by the City as a result of non-Company performance will result in the
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consideration of revoking a non-exclusive contract or the City’s choice to not renew an
existing agreement.
5.2 Company must manage collection services delivered within the City to minimize the
number of vehicles on City roads. Coordination between haulers and service providers is
strongly encouraged to manage service vehicles on residential streets and neighborhoods.
5.3 Should Company utilize “Scout” trucks to facilite collection in residential areas where it is
not feasible to use standard collection vehicles, such vehicles must be covered at all times
while loaded and in transit should they exceed 30 miles per hour or be driven more then
300 yards on a public street.
Section 6. Regulation of Containers.
The Company may rent, lease, provide or define specifications for containers to any customer within the
corporate limits of the City for refuse storage and collection purposes subject to the following
requirements:
6.1 All containers shall be constructed and maintained according to industry practice;
6.2 All containers shall be equipped with stable covers to prevent blowing or scattering of
refuse while being transported for disposal of their contents;
6.3 All containers, save and except those being used for the purpose of collecting and
storing rubble, building and scrap construction materials, shall be equipped with
covers suitable to prevent blowing or scattering refuse and access to the container
by animals while the container is at the site designated by Customer;
6.4 All containers shall be periodically cleaned, maintained, serviced and kept in a
reasonably good state of repair, to prevent the unreasonable accumulation of refuse
residues, to avoid excessive odor and harborage for rodents and flies resulting from
excessive residues remaining after collection of containers; and
6.5 All containers shall be clearly marked with the Company’s name and telephone number
in letters not less than four (4) inches in height.
6.6 All containers shall not be on public rights of way and shall be located so as to not
interfere, block, obstruct or impede the normal use of any sidewalk, street, alley
driveway or fire lane, or to block, obstruct or impede sight distance at street, road or
alley intersections.
6.7 All containers, bins, or other collection instruments must be kept free from graffiti, rust,
broken and non-operational parts and pieces, and litter in and around the area.
6.8 It shall be the responsibility of each Company to educate their Customers on the
regulations of containers and maintain industry standards, policies, and procedures,
which promote an asethically pleasing environment in and around all refuse and waste
containers and receptacles.
Section 7. Disposal of Refuse.
The Company will deliver all Waste collected by it from it’s customers within the City, except for
materials which the Company may select for recovery and recycling, to a disposal facility that is
permitted by the EPD to accept such refuse and waste. Rules and regulations governing hours of
Page 6 of 14
operation and disposal practices at the disposal facility will be observed and followed by the Company
while engaged in the disposal of refuse pursuant to this Ordinance. Any items collected as part of a
recycling program must be delivered to a facility where recovery and reuse occurs.
Should any company choose to offload or dispose of materials collected by one vehicle into another for
transport to the final disposal facility, Company shall make every available effort to perform such
refuse transfer on property owned by the Company or privately owned property where the Company
has an agreement with the property owner to perform such activity. In the event any transfer occurs on
public land, including streets, alleys, rights-of-ways, roads, thoroughfares, avenues, parkways,
expressways, or other areas designed and designated for public travel, Company shall make every effort
available to clean the area after completion of the transfer to insure the area is maintained at the same
or better level than if the area was not used for this activity. In the event the City receives complaints
regarding this practice, Company shall be required to cease from this activity at the location of the
complaint.
Section 8. Contract and Rental Fees.
8.1 Contract Fee- The streets, rights-of-way, and public easements to be used by the Company
in the operation of its business within the boundaries of the City as such boundaries now
exist and exist from time to time during the term of this contract, are valuable public
properties acquired and maintained by the City at great expense to its taxpayers, and the
City will incur costs to regulate and administer this Ordinance. In consideration of such
benefits, costs and expenses, the Company shall through the term of its Contract collect an
“Infrastructure Maintenance Fee” equal to 5% of the Company’s gross receipts to
Customers within the City (exclusive of Sales Tax). The term “Infrastructure Maintenance
Fee” shall be used on all bills, invoices, or statements sent by any Company to a Customer
under this Ordinance.
8.1.1 Fees Paid- The Infrastructure Mainteanance Fee shall be payable quarterly to the
City and delivered to the City in conjunction with a statement indicating the
derivation and calculation of such payment. Each such quarterly payment shall be
due on the 15th day of the second month following the end of the quarterly period
for which said payment is due. The quarterly payments shall be due on February
15, May 15, August 15, and November 15 of each year during the term hereof, with
the February 15 payment being based upon the Company's gross receipts during the
calendar quarter ending the prior December 31 and being payment for the rights
and privileges granted hereunder for said calendar quarter, the May 15 payment
being based upon the Company's gross receipts during the calendar quarter ending
the prior March 31 and being payment for the rights and privileges granted
hereunder for said calendar quarter, the August 15 payment being based upon the
Company's gross receipts during the calendar quarter ending the prior June 30 and
being payment for the rights and privileges granted hereunder for said calendar
quarter, and the November 15 payment being based upon the Company's gross
receipts during the calendar quarter ending the prior September 30 and being
payment for the rights and privileges granted hereunder for said calendar quarter.
During the implementation of this ordinance, all bills generated by Companies after
December 1, 2006 shall include the Infrastrusture Maintenance Fee. The City shall
provide material relating to the education and marketing efforts of the
Infrastructure Maintenance Fee as well as provide education and training to
Company employees to ensure a consistent message is conveyed to constitutents of
the City of Milton. For purposes of verifying the amount of such fee, the books of
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the Company shall at all reasonable times be subject to inspection by the duly
authorized representatives of the City.
8.1.2 No Other Rental Fees- The Contract fee shall be in lieu of any and all other City-
imposed rentals or compensation or contract, privilege, instrument, occupation,
excise or revenue taxes or fees and all other exactions or charges (except ad
valorem property taxes, special assessments for local improvements, city sales
tax, and such other charges for utility services imposed uniformly upon persons,
firms or corporations then engaged in business within the City) or permits upon
or relating to the business, revenue, installations and systems, fixtures, and any
other facilities of the Company and all other property of the Company and its
activities, or any part thereof, in the City which relate to the operations of the
Company pursuant to this Ordinance; provided, that this shall not be construed to
prevent the Company from being required to pay any and all applicable fees and
charges in effect from time to time for dumping at a landfill or transfer station.
8.1.3 Credit for Fees Paid- Should the City not have the legal power to agree that the
payment of the foregoing sums of money shall be in lieu of contracts, fees, street
of alley rentals or charges, easement or ordinance fees or charges aforesaid, then
City agrees that it will apply so much of said sums of money paid as may be
necessary to Company's obligations, if any, to pay any such contract, ordinance
charges, other charges, fees, rentals, easement, taxes or charges.
8.1.4 Reporting – Any Company providing service pursuant to this Ordinance or a
resulting Contract shall from time to time provide the City with the necessary
statistics regarding waste collected and disposed which shall allow the City to
comply with State reporting requirements. Such information shall be in the
manner and format requested by the City and provide adequate details for the
City to maintain compliance with local, state, federal, and all other guidelines
relating to solid waste collection, removal, and disposal.
8.1.5 Dedicated Revenue – The Infrastrusture Maintenance Fee collected by the City
under this ordinance shall be dedicated to the following: (i) maintenance of the
City’s streets, corridors, alleys, thoroughfares, and transportation routes; (ii)
administration of contract compliance between Customers and Companies where
service is received as provided in this Ordinance; and (iii) collection of litter and
trash within the City.
Section 9. Compliance with Law.
The Company shall conduct under this Ordinance in compliance with the material provisions of all
applicable local, state and federal laws, rules and regulations, and with the general specifications
contained in this Ordinance.
Section 10. Insurance Provided by Company.
10.1 Minimum Coverage Requirements- The Company shall maintain throughout the term
of its Contract, property damage coverage, general liability insurance, and automobile
liability insurance for any automobile owned or operated by Company, with an
insurance company authorized and licensed to do business in the State of Georgia and
acceptable to the City, insuring against claims for liability and damages for the benefit
of the City. The insurance shall include the City as an additional insured. General
liability coverage insurance under this section shall be a minimum of One Million and
No/100 Dollars ($1,000,000) per occurrence with a Two Million and No/100 Dollars
Page 8 of 14
($2,000,000) aggregate. Automobile liability insurance under this section shall, at a
minimum, have limits of One Million and No/100 Dollars ($1,000,000) for each
occurrence. Additionally, an umbrella coverage of One Million and No/100 Dollars
($1,000,000) on both automobile liability insurance and general liability insurance is
required.
10.2 Employer's Liability- If the Company is required by Georgia Statute, the Company
shall maintain throughout the term of the Contract resulting from this Ordinance the
requisite statutory workers' compensation insurance, and a minimum of One Hundred
Thousand and No/100 Dollars ($100,000) employer's liability insurance. Company
shall be required to show compliance to this section by submitting documentation of
such coverage from an approved carrier licenses in the State of Georgia, or
documentation explaining the exemption from employer’s liability insurance should
they not meet the state requirements to carry such coverage.
10.3 Certificate of Insurance- The insurance policy, or policies, obtained by the Company in
compliance with this section shall be approved by the City Manager or his designee in
the City Manager’s or his designee’s reasonable discretion, and the certificate of
insurance for the insurance policy shall be filed and maintained with the City during the
term of the Contract resulting from this Ordinance with a copy of the endorsement
required under Section 10.4 to be attached or made a part of such certificate.
10.4 Endorsements- All insurance policies maintained pursuant to this Ordinance shall
contain the following conditions by endorsement:
10.4.1 Additional Insured- The City shall be an additional insured and the term
"owner" and "City" shall include all authorities, Boards, Bureaus,
Commissions, Divisions, Departments and offices of the City and the
individual members, officers, employees and agents thereof in their official
capacities and/or while acting on behalf of the City.
10.4.2 Other Insurance Clause- The policy clause "Other Insurance" shall not apply to
the City when the City is an insured on the policy;
10.4.3 No Recourse- Companies issuing the insurance policies shall not recourse
against the City for payment of any premium or assessment.
10.5 Increase Requirements-The City may chose to amend this Ordinance to make
reasonable adjustments to the insurance coverage and their limits when deemed
necessary and prudent based upon changes in statutory law, court decisions, or the
claims history of the industry.
Section 11. Indemnification and Hold Harmless.
The Company agrees to indemnify, defend and save harmless the City, its agents, officers and
employees, against and from any and all claims by or on behalf of any person, firm, corporation or
other entity arising from any negligent act or omission or willful misconduct of the Company, or any
of its agents, contractors, servants, employees or contractors, and from and against all costs, counsel
fees, expenses and liabilities incurred in or about any such claim or proceeding brought thereon.
Promptly after receipt from any third party by City of a written notice of any demand, claim or
circumstance that, immediately or with the lapse of time, would give rise to a claim or the
commencement (or threatened commencement) of any action, proceeding or investigation (an “Asserted
Page 9 of 14
Claim”) that may result in losses for which indemnification may be sought hereunder, the City shall
give written notice thereof (the “Claims Notice”) to the Company provided, however, that a failure to
give such notice shall not prejudice the City’s right to indemnification hereunder except to the extent
that the Company is actually and materially prejudiced thereby. The Claims Notice shall describe the
Asserted Claim in reasonable detail, and shall indicate the amount (estimated, if necessary) of the losses
that have been or may be suffered by the City when such information is available. The Company may
elect to compromise or defend, at its own expense and by its own counsel, any Asserted Claim. If the
Company elects to compromise or defend such Asserted Claim, it shall, within twenty (20) business
days following its receipt of the Claims Notice (or sooner, if the nature of the Asserted Claim so
required) notify the City of its intent to do so, and the City shall cooperate, at the expense of the
Company, in the compromise of, or defense against, such Asserted Claim. If the Company elects not to
compromise or defend the Asserted Claim, fails to notify the City of its election as herein provided or
contests its obligation to provide indemnification under this Agreement, the City may pay, compromise
or defend such Asserted Claim with all reasonable costs and expenses borne by the Company.
Notwithstanding the foregoing, neither the Company nor the City may settle or compromise any claim
without the consent of the other party; provided, however, that such consent to settlement or
compromise shall not be unreasonably withheld. In any event, the City and the Company may
participate at their own expense, in the defense of such Asserted Claim. If the Company chooses to
defend any Asserted Claim, the City shall make available to the Company any books, records or other
documents within its control that are necessary or appropriate for such defense.
Section 12. Forfeiture and Terminating of Contract.
12.1 Material Breach- In addition to all other rights and powers retained by the City under this
Ordinance or otherwise, the City reserves the right to declare any resulting Contract from
this Ordinance forfeited and to terminate the Contract and all rights and privileges of the
Company hereunder in the event of a material breach of the terms and conditions hereof.
A material breach by Company shall include, but shall not be limited to, the following:
12.1.1 Fees- Failure to pay the fees set out in Section 8;
12.1.2 Telephone Listings- Failure to keep and maintain a local telephone listing and
office or answering service that is available by phone without long distance
charge during regular business hours for service to the public, and which
telephone or office shall, at minimum, provide and maintain the following
services:
(a) Coordinate and provide information concerning deposits, payments and
accounts to Customers and prospective Customers;
(b) Respond to Customer and prospective Customer questions and issues about
billings, accounts, deposits and services;
(c) Coordination with the City with respect to private sector and public works
projects and issues related to or affecting the Company's operation; and
(d) Immediate response, upon request, to police, fire and other emergency
situations in which the public health and safety requires action with respect
to or assistance regarding Company's property.
12.1.3 Failure to Provide Service- Failure to materially provide the services provided
for in this Ordinance;
12.1.4 Misrepresentation- Material misrepresentation of fact in the application for or
negotiation of any contract resulting from this Ordinance; or
Page 10 of 14
12.1.5 Conviction- Conviction of any director, officer, employee, or agent of the
Company of the offense of bribery or fraud connected with or resulting from
the award of a contract from this Ordinance.
12.2 Operation Information- Material misrepresentation of fact knowingly made to the City
with respect to or regarding Company's operations, management, revenues, services or
reports required pursuant to this Ordinance.
12.3 Economic Hardship- Company shall not be excused by mere economic hardship nor by
misfeasance or malfeasance of its directors, officers or employees.
12.4 Forfeiture and Proceedings- Any unwarranted and intentional neglect, failure or refusal
of the Company to comply with any material provision of this Ordinance or resulting
Contract within thirty (30) days after written notice from City setting forth the specific
provision and noncompliance, said notice to be mailed to Company at its principal place
of business by certified mail, return receipt requested, shall be deemed a breach of this
Ordinance, and the City Council, upon notice to Company and hearing, may, for good
cause declare a Contract forfeited and exclude Company from further use of the streets of
the City under this Ordinance, and the Company shall thereupon surrender all rights in
and under this Ordinance and Contract.
12.4.1 Proceedings- In order for the City to declare a forfeiture pursuant to Sections
12.1, 12.2, 12.3, or 12.4, the City shall make a written demand that the
Company comply with any such provision, rule, order, or determination under
or pursuant to this Ordinance. If such violation by the Company continues for a
period of thirty (30) days following such written demand without written proof
that the corrective action has been taken or is being actively and expeditiously
pursued, the Council may take under consideration the issue of termination of
the resulting Contract from this Ordinance. The City shall cause to be served
upon Company, at least twenty (20) days prior to the date of such a Council
meeting, a written notice of intent to request such termination and the time and
place of the meeting. Notice shall be given of the meeting and issue which the
Council is to consider.
12.4.2 Hearing - The Council shall hear and consider the issue, hear any person
interested therein, and shall determine whether or not any violation by the
Company has occurred.
12.4.3 Forfeiture- If the Council shall determine that the violation by the Company
was the fault of Company and within its control, the Council may declare the
contract forfeited and terminated, or the Council may grant to Company a
period of time for compliance.
Section 13. Transfer, Sale or Conveyance by Company.
The Company shall not transfer, assign, sell or convey any rights granted under any resulting Contract
from this Ordinance without the prior approval of the City Council; provided that this section shall not
apply to vehicles, replacements, maintenance, upgrades or modifications of equipment, machinery,
containers and buildings by Company for the purpose of maintaining and continuing its operation within
the City; and provided further that Company may, in its sole discretion and upon written notice to the
City, transfer, assign, sell or convey their rights under this Ordinance to a wholly owned subsidiary of the
Company or to an affiliated entity that is under common control with Company (i.e. has a common parent
entity).
Page 11 of 14
Section 14. Foreclosure.
Upon the foreclosure or other judicial sale of all or a substantial part of the assets and property of the
Company used for and dedicated to providing service pursuant to this Ordinance, the Company shall
notify the City of such fact, and such notification shall by treated as a notification that a change in control
of the Company has taken place and the provisions of this Ordinance governing the consent of the
Council to such change in control of the Company shall apply. Upon the foreclosure or judicial sale, or
the leasing of all or a substantial part of the property and assets of the Company dedicated to and used for
the purposes of providing service pursuant to this Ordinance, without the prior approval of the Council,
the Council may, upon hearing and notice, terminate any Contract resulting from this Ordinance.
Section 15. Receivership and Bankruptcy.
15.1 Cancellation Option - The Council shall have the right to cancel any Contract resulting
from this Ordinance one hundred twenty (120) days after the appointment of a receiver
or trustee to take over and conduct the business of the Company, whether in receivership,
reorganization, bankruptcy, other action or preceding, whether voluntary or involuntary,
unless such receivership or trusteeship shall have been vacated prior to the expiration of
said one hundred twenty (120) days, unless:
15.1.1 Trustee Compliance- Within one hundred twenty (120) days after his election
or appointment, such receiver trustee shall have fully complied with all the
provisions of this Ordinance and remedied all defaults thereunder; or
15.1.2 Trustee Agreement- Such receiver or trustee, within one hundred twenty (120)
days, shall have executed an agreement, duly approved by the court having
jurisdiction, whereby the receiver or trustee assumes and agrees to be bound by
each and every provision of this Ordinance granted to the Company.
Section 16. Retention of City Police Powers.
The City retains and reserves all of its police powers and the rights, privileges, and immunities that it now
has under the law to regulate, patrol and police the streets and public ways within the City, and the
granting of any Contract as a result of this Ordinance shall in no way interfere with the improvements to,
or maintenance of, any street, alley or public way, and the rights of the City to use said streets, alleys and
public ways.
Section 17. Amendments of City Ordinances and Regulations.
The City reserves the right and power, pursuant to its police power, after due notice to Company, to
modify, amend, alter, change or eliminate any rules, regulations, fees, charges and rates of the City, and to
impose such additional conditions, that are not inconsistent with the rights granted by this Ordinance,
upon the Company and all persons, firms or entities of the same class as the Company, as may be
reasonably necessary in the discretion of the City Council to preserve and protect the public, health, safety
and welfare and/or insure adequate service to the public.
Section 18. Taxes.
The Company shall promptly pay all lawful ad valorem taxes, levies and assessments, if any, that are
imposed upon the Company. Absent an administrative or judicial challenge, or appeal, the failure to pay
any such tax, levy or assessment shall be a breach of this Ordinance.
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Section 19. Public Necessity.
The Council hereby finds and declares that the public welfare, convenience and necessity require the
service which is to be furnished by the Company.
Section 20. Solvability.
If any section, paragraph, subdivision, clause, part or provision hereof shall be adjudged invalid or
unconstitutional the same shall not affect the validity hereof as a whole or any part or provision other than
the part or parts held invalid or unconstitutional.
Section 21. Captions and Headings.
The use of captions or headings for the various sections of this Ordinance are for convenience of parties
only and do not reflect the intent of the parties. The rule of interpretation to solve ambiguities in a
contract against the party drafting such contract shall not apply to this Ordinance.
Section 22. No Suspension of Laws.
All provisions of the ordinances of the City as now existing or as may be amended from time to time, and
all provisions of the statues of the State of Georgia applicable to general law cities shall be a part of any
resulting contract from this Ordinance as fully as if the same had been expressly stated herein, and said
the City retains and may exercise all of the governmental and police powers and all other rights and
powers not directly inconsistent with the terms, conditions and provisions of this Ordinance.
Section 23. Peaceful Employment.
From and after the effective date of this ordinance, the City and the Company shall be and are hereby
authorized and entitled to act in reliance upon the terms, conditions and provisions of this Ordinance and
any resulting Contract and, subject thereto, the Company shall collect rates for service, operate and
conduct its business and work within the City, and enjoy the benefits and privileges of this Ordinance
during the term hereof.
Section 24. Open Meetings.
It is hereby officially found and determined that the meeting at which this ordinance was passed was open
to the public, and public notice of the time, place, and purpose of said meeting was given, as required by
the Open Meetings Act, Georgia Code.
Section 25. Endorsements and Records.
The City Clerk is directed to make endorsements as appropriate over his/her official hand and the seal of
the City on the form provided at the conclusion of this Ordinance, for the public record and convenience
of the citizens, of the date upon which this Ordinance is finally passed and adopted.
Section 26. Acceptance by Company.
Within thirty (30) days after the passage of this Ordinance, or within thirty (30) days of establishing a
business within the corporate City limits, all Companies operating a Residential or Commercial Refuse
Waste service shall file with the City its acceptance of the terms and provisions of this Ordinance, and
request for Contract. The acceptance and request for Contract shall be in writing on the Company's
letterhead and provide as follows:
Page 13 of 14
_____________________________________
_____________________________________
City of Milton
Attention: City Manager
13000 Deerfield Parkway,
Suite 107A/B
Milton, GA 30004
_______________________________________(the "Company"), acting by and through an officer who
is acting within its official capacity and authority, hereby accepts the City of Milton Solid Waste
Ordinance to operate a refuse and solid waste collection and disposal system within the City as said
Ordinance is set forth and provided herewith. The Company agrees to be bound and governed by each
term, provision and condition of the Ordinance, to accept and to give the benefits provided by the
Ordinance, and to perform each service and duty set forth and provided for in the Ordinance in a
businesslike and reasonable manner and in compliance with the Ordinance.
Company: ____________________________________
By: _________________________________________
Printed Name: _________________________________
Title: ________________________________________
THIS ORDINANCE PASSED AND APPROVED on the _____________ day of
____________________________, 2008.
Approved:
__________________________________________
Joe Lockwood, Mayor
Attest:
Jeanette R. Marchiafava, City Clerk
(Seal)
Approved as to Form and Content:
Ken Jarrard, City Attorney
Page 14 of 14
PETITION NUMBER(S):
U08-06
PROJECT NAME
Extreme Mulch
PROPERTY INFORMATION
ADDRESS 13365 Arnold Mill Road
DISTRICT, LAND LOT 2/2, 945
OVERLAY DISTRICT Northwest Fulton Overlay
EXISTING ZONING AG-1
PROPOSED ZONING AG-1
ACRES 3.75
EXISTING USE Office building and pole barn
PROPOSED USE Use Permit for Landscaping Business
OWNER Henry J. Yarbrough
ADDRESS 271 Yellow Creek Road
Ball Ground, Georgia 30107
PETITIONER/REPRESENTATIVE Extreme Mulch, Jeremiah Smith
ADDRESS 13365 Arnold Mill Road
Milton, Georgia 30075
PHONE 770-362-2504
INTENT
To obtain a use permit for a landscaping business on 3.75 acres with a 2,500 sq.
ft. office, 2,000 sq. ft. pole barn, and storage for mulch at a density of 1,200 sq. ft.
per acre (Article 19.4.27).
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
U08-06 – APPROVAL CONDITIONAL
Prepared by the Community Development Department for the
Planning Commission Meeting on October 28, 2008
10/24/2008 Page 1 of 16
U08-06
LOCATION MAP/ZONING MAP
Prepared by the Community Development Department for the
Planning Commission Meeting on October 28, 2008
10/24/2008 Page 2 of 16
U08-06
SITE PLAN – September 4, 2008
10/24/2008
U08-06
Prepared by the Community Development Department for the
Planning Commission Meeting on October 28, 2008
Page 3 of 16
SUBJECT SITE INTERIOR TO THE SITE
Prepared by the Community Development Department for the
Planning Commission Meeting on October 28, 2008
10/24/2008 Page 4 of 16
U08-06
SUBJECT SITE LOOKING EAST TOWARD THE SITE
SUBJECT SITE:
The subject site is a 3.75 acre tract of agriculturally zoned land, located on the
northern side of Arnold Mill Road. The subject site is developed with a 2,500 sq.
ft. office and a 2,000 sq. ft. pole barn. It is located within the Agricultural,
Forestry and Mining Land Use designation on the Focus Fulton 2025
Comprehensive Land Use Plan.
Prepared by the Community Development Department for the
Planning Commission Meeting on October 28, 2008
10/24/2008 Page 5 of 16
U08-06
Existing uses and zoning of nearby property (See Map following table)
Location Parcel / Zoning / Name Approved
Zoning Density/Min.
Petition Heated Floor
Area
North, East, 1 AG-1 (Agricultural) 1 unit/acre
South, & West Scattered Single Family
Residences/Farms
North 2 R-2A (Residential) 1 unit/acre
Z73-99
Single Family Residence
Further North 3 AG-1 (Agricultural) N/A
U01-27 Use Permit for Inert
Landfill (Chadwicks)
Further East 4 AG-1 (Agricultural) 1 unit/acre
Providence Lakes
Subdivision
West 5 C-1 (Community Business) 21,175 sq.ft. /
Gunby Construction 5,293 sq.ft per
Office acre
Northwest 6 C-1 (Community Business) 7,000 sq.ft. /
(City of Roswell) 290.46 sq.ft. per
acre
Prepared by the Community Development Department for the
Planning Commission Meeting on October 28, 2008
10/24/2008 Page 6 of 16
U08-06
EXISTING USES AND ZONING MAP
Prepared by the Community Development Department for the
Planning Commission Meeting on October 28, 2008
10/24/2008 Page 7 of 16
U08-06
In the interest of the public health, safety and welfare, the Mayor and City
Council may exercise limited discretion in evaluating the site proposed for a use
that requires a Use Permit. In exercising such discretion pertaining to the subject
use, the Mayor and City Council shall consider each of the following as outlined
in Article 19.2.4 of the Zoning Ordinance; Use Permit Considerations. Staff has
reviewed said items pertaining to the subject use, and, offers the following
comments:
A. Whether the proposed use is consistent with the land use or economic
development plans adopted by the Mayor and City Council:
Provided the applicant complies with the Recommended Conditions of
this petition and the Use Permit requirements of Article 19.4.27 of the
Zoning Ordinance, the proposed development is consistent with the intent
and following policies of the Comprehensive Plan:
• Encourage compatible institutional uses in neighborhoods and
communities.
• Encourage development consistent with the surrounding scale,
transition of densities and uses, and Comprehensive Plan policies,
where appropriate.
B. Compatibility with land uses and zoning districts in the vicinity of the
property for which the use permit is proposed;
If developed in accordance with Staff’s Recommended Conditions and
the provisions of the Zoning Ordinance, the proposed landscape business
is expected to be compatible with other land uses in the surrounding
area.
C. Whether the proposed use may violate local, state and/or federal statutes,
ordinances or regulations governing land development;
The proposed use does not violate any known local, state and/or federal
statutes, ordinances or regulations governing land development.
D. The effect of the proposed use on traffic flow, vehicular and pedestrian,
along adjoining streets;
The proposed use will not generate a significant increase in traffic.
E. The location and number of off-street parking spaces;
Article 18.2.1 requires the applicant to provide a minimum of 3 parking
spaces per 1,000 square feet of office space. Article 19.4.10 requires the
applicant to locate parking outside of the minimum 60-foot front yard
Prepared by the Community Development Department for the
Planning Commission Meeting on October 28, 2008
10/24/2008 Page 8 of 16
U08-06
building setback. The applicant’s site plan indicates 12 parking spaces
which meets the requirements set out by Article 18.2.1 and is located
outside the 60-foot front yard building setback.
F. The amount and location of open space;
The applicant’s site plan indicates that approximately one-half of the
subject site is undeveloped. Staff is of the opinion that the proposed
development will provide adequate open space for the proposed
development.
G. Protective screening;
If developed in accordance with the requirements of the Zoning
Ordinance and the Northwest Fulton Overlay District, the buffer and
landscape strip requirements and the existing screening around the
structures will provide adequate screening for the proposed
development.
H. Hours and manner of operation;
The applicant states that the hours of operation are from 7:00am to
5:00pm. The applicant notes that the company does not sell mulch to the
general public as it is a delivery and install company only.
I. Streetscape lighting;
At the time of Land Disturbance Permit the site shall be in compliance with
Article 12H.3.4 of the Northwest Fulton Overlay District regarding outdoor
lighting. Staff notes that the subject site’s required buffers, and existing
screening, will help mitigate the impact of any possible lights on the
adjacent properties.
J. Ingress and egress to the property.
The applicant’s site plan indicates two curb cuts on Arnold Mill Road. Staff
notes that one of these curb cuts will be eliminated and re-aligned to
meet site distance requirements. Given the limited use of the subject site,
Staff is of the opinion that the proposed development will have limited
impact upon the community.
SITE PLAN ANALYSIS
Based on the applicant’s site plan submitted to the Community Development
Department on September 4, 2008, Staff offers the following considerations:
Prepared by the Community Development Department for the
Planning Commission Meeting on October 28, 2008
10/24/2008 Page 9 of 16
U08-06
Northwest Fulton Overlay District
BUILDING SETBACKS
Article 12H.3.5 Section C.2 of the Northwest Overlay District requires a maximum
30-foot building setback from the edge of the required landscape strip and/or
easements for all properties and lots located adjacent to public rights-of-way
and from 0 to 400 feet from an intersection. In Staff’s opinion, it appears that the
applicant has met this requirement. The existing buildings are non-conforming
existing structures. There are no additional new structures proposed on the site.
BUILDING HEIGHT
Article 12H.3.5 Section D.1 of the Northwest Fulton Overlay District requires a
maximum height limit of two stories with the maximum height 30 feet from
average-finished grade to the bottom of the roof eave. It appears that the
applicant meets this requirement.
LANDSCAPE STRIPS AND BUFFERS
Article 12H.3.1 Section A.1 states that all properties shall provide a minimum 10
foot-wide landscape strip along all public streets, and it appears that there is
sufficient room for the applicant has met this requirement. Furthermore, Article
12H.3.1 Section C.1. of the Northwest Fulton Overlay District requires a fifty (50)
foot-wide undisturbed buffer, with a 10’ improvement setback, which shall be
located adjacent to all AG-1 zoning districts and all property zoned, used, or
developed for residential uses. In Staff’s opinion, it appears that the applicant
has met this requirement.
PARKING REQUIREMENTS
The following chart illustrates the parking required by Article 18 of the City of
Milton Zoning Ordinance for the proposed use:
Proposed Use Minimum Requirement Spaces Provided
• General Office • 3 spaces per 1,000 sq. ft. of • 12 spaces
(2,500 sq. ft.) building area. (8 spaces)
Total 8 spaces required 12 spaces provided
Staff notes that the applicant is providing twelve (12) parking spaces, which
meets the required eight (8) parking spaces required per Article 18 of the City of
Milton Zoning Ordinance. It also appears that the site plan is in compliance with
the landscape and layout requirements of Article 12H(2).4. Section B.6.
Prepared by the Community Development Department for the
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OTHER CONSIDERATIONS
Arborist
Existing operation sells mulch by the truckload. Previous use was paving
company. Areas of buffers are sparsely vegetated. Three specimen trees
located, one of which is in long term decline, most likely due to activities near
the tree over the years. Two other specimens were noted to be in fair to better
health though some structural defects. Specimens noted are out of any area of
disturbance, the drives located near the trees already existed. I would suggest
fertilization/maintenance program on the two specimen trees.
The applicant has stated that he intends to keep all specimen trees on subject
site.
27” White Oak in Decline
47” White Oak
40” White Oak
PUBLIC INVOLVEMENT
On September 24, 2008 the applicant was present at the Community Zoning
Information Meeting held at the Milton City Hall. There was one nearby property
owner at the meeting. She was in favor of the proposed landscaping business.
The applicants will be presenting their plan to the Milton Design Review Board on
October 7, 2008.
Public Comments – Staff has received one e-mail from a nearby resident in
Providence Lakes Subdivision which is attached to this report.
City of Milton Design Review Board Meeting – October 7, 2008
The DRB had no comments about this development.
Public Notice Requirements
The Community Zoning Information Meeting was advertised in the Milton Herald
on September 10, 2008 and the sign was installed before the required date of
September 19, 2008 along the frontage of Arnold Mill Road. The notice of
Community Zoning Information Meeting was sent, to adjacent property owners,
on September 10, 2008.
Public Participation Plan and Report
The applicant has met the requirements of the Public Participation Plan. The
applicant will be required to submit the public participation report 7 business
Prepared by the Community Development Department for the
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U08-06
days prior to the Planning Commission meeting and an update 7 business days
prior to the Mayor and City Council meeting.
SPECIMEN TREE LOCATION MAP
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CONCLUSION
The proposed landscape business is consistent with Council and Plan Policies
and compatible with the surrounding area, if developed in accordance with
the requirements of the Zoning Ordinance and Staff’s Recommended
Conditions. Therefore, Staff recommends APPROVAL CONDITIONAL of the
proposed Use Permit for a landscape business.
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10/24/2008 Page 13 of 16
U08-06
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be approved
USE PERMIT for a landscape business (Article 19.4.27.) CONDITIONAL subject to
the owner’s agreement to the following enumerated conditions. Where these
conditions conflict with the stipulations and offerings contained in the Letter of
Intent, these conditions shall supersede unless specifically stipulated by the
Mayor and City Council.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Landscape business within the existing house and pole barn at a
density of 1,200 square feet per acre or 4,500 square feet which
ever is less.
2) To the owner’s agreement to abide by the following:
a) To the site plan received by the Milton Community Development
Department on September 4, 2008. Said site plan is conceptual
only and must meet or exceed the requirements of the Zoning
Ordinance and these conditions prior to the approval of a Land
Disturbance Permit. Unless otherwise noted herein, compliance
with all conditions shall be in place prior to the issuance of the first
Certificate of Occupancy.
3) To the owner’s agreement to abide by the following requirements,
dedication and improvements:
a) No more than one (1) exit/entrance on Arnold Mill Road (SR 140).
Curb cut location and alignment are subject to the approval of the
Milton Traffic Engineer and the Georgia Department of
Transportation.
b) Reserve Right-of-Way necessary along the following roadways, prior
to the approval of a Land Disturbance Permit, sufficient land as
necessary to provide for compliance with the Transportation Master
Plan and the adjacent developments, according to the definitions
in the newly established Right-of-Way Ordinance.
c) Dedicate at no cost to the City of Milton prior to the approval of a
Land Disturbance Permit or Certificate of Occupancy (whichever
comes first), sufficient land as necessary to provide the following
rights-of-way, and dedicate at no cost to the City of Milton such
additional right-or-way as may be required to:
Prepared by the Community Development Department for the
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U08-06
(i) Provide at least 10.5 feet of right-of-way from the back
of curb/edge of pavement of all abutting road
improvements, along the entire property frontage, as
well as allow the necessary construction easements
while the rights-of-way are being improved.
d) Driveway entrance shall meet the Public Works Department Policies
and AASHTO guidelines.
e) Provide turn lanes as required by the Georgia Department of
Transportation.
4) To the owner’s agreement to abide by the following:
a) The developer’s Professional Engineer shall demonstrate to the City
by engineering analysis submitted with the LDP application (should
greater than 5000 square feet be disturbed), that the discharge rate
and velocity of the storm water runoff resulting from the
development is restricted to seventy-five percent (75%) of the pre-
development conditions. Locations shall be as approved by the
Stormwater Engineer.
b) The proposed development shall utilize vegetative measures for
water quality. Individual Land Disturbance Permits/Building Permits
are strongly encouraged to utilize GASWCC limited application
controls such as infiltration trenches, porous surfaces, rain gardens,
etc. A maintenance agreement is required to be recorded for such
item used.
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City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
To: Honorable Mayor and City Council Members
From: Alice Wakefield, Community Development Director
Date: October 22, 2008 for Submission onto the November 17, 2008, City Council
Meeting
Agenda Item: RZ08-11, Text Amendment to the City of Milton Zoning Ordinance, Article 3,
“Definitions”
CMO (City Manager’s Office) Recommendation:
To approve the attached text amendment to the City of Milton Zoning Ordinance as
recommended by the City Attorney and the City of Milton Planning Commission.
Background:
The Mayor and City Council adopted the City of Milton Zoning Ordinance on December 21,
2006 which was the Fulton County Zoning Resolution. Since that time, Staff has been gradually
editing the document to be consistent with the City of Milton. Article 3, which encompasses the
definitions portion of the ordinance, has not been amended as a whole since the adoption of it in
2006.
Discussion:
These amendments will further clarify various terms used within the entire Ordinance which will
make decisions and interpretations more concise. For example, throughout the original Fulton
County Zoning Resolution there are references to “Resolution” which should really read
“Ordinance” as this is the term chosen to call the Zoning Ordinance for the City of Milton.
Included in these edits are revised definitions of streets and their related definitions provided by
the City of Milton Public Works Department. Additionally, Staff has deleted definitions relating to
signs which are already defined in Article 33, Signs. Thus avoiding any confusion of which
definition is appropriate.
Alternatives:
There are no reasonable alternatives to this text amendment.
Concurrent Review:
Mort Smedley, Interim City Manager
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE 08-
RZ08-011
AN ORDINANCE TO AMEND ARTICLE 3, “DEFINITIONS” 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 November 17, 2008 at 6:00 p.m. as follows:
SECTION 1.That the Ordinance relates to Amending Article 3, “Definitions” of the City
of Milton Zoning Ordinance, 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 17th day of November, 2008
__________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette Marchiafava, City Clerk
ADOPTED BY CITY OF MILTON MAYOR AND CITY COUNCIL ON DECEMBER 21,
2006
AMENDED APRIL 28, 2008
ARTICLE III
DEFINITIONS
3.1. SCOPE
Words not defined herein shall be construed to have the meaning given by Merriam-
Webster’s Collegiate Dictionary, eleventh edition or later edition.
3.2. USE AND INTERPRETATION
The following shall apply to the use of all words in this Ordinance:
a. Words used in the present tense shall include the future tense.
b. Words used in the singular shall include the plural and vice versa.
c. The word shall is mandatory.
d. The word may is permissive.
e. The nouns zone, zoning district and district have the same meaning and refer to the
Zoning Districts established by this Ordinance.
f. The phrase used for shall include the phrases arranged for, designed for, intended
for, maintained for and occupied for.
3.3. DEFINITIONS
3.3.1. A
Accessory Site Feature. Mechanical, electrical and ancillary equipment, cooling towers,
mechanical penthouses, heating and air conditioning units and/or pads, exterior ladders, storage
tanks, processing equipment, service yards, storage yards, exterior work areas, loading docks,
maintenance areas, dumpsters, recycling bins, and any other equipment, structure or storage area
located on a roof, ground or building. (Added 06/04/03)
MILTON ZONING ORDINANCE
RZ08-11 – Mayor and City Council Meeting November 17, 2008
3-1
Deleted: tenth
Deleted: (Amended 06/04/03)
Deleted: Resolution
Deleted: Resolution
Adjoin. To have a common border with. Adjoin may also mean coterminous, contiguous, abutting
and adjacent.
Administrative Minor Variance. A variance to the minimum district yard requirements of not more
than 1 foot, granted administratively by the Director of Community Development. (Added
06/02/99)
Administrative Modification. A change to an approved condition of zoning that constitutes only a
technical change and does not involve significant public interest as determined by the Director of
Community Development. (Added 06/02/99)
Administrative Variance. A request for relief from: 1) the standards contained in Article 34,
Development Regulations, 2) a request to reduce the 10 foot improvement setback adjacent to
buffers or 3) a request for 10% reduction of parking spaces as required in Article 18.2.4.(Added
06/02/99)
Adult Bookstore (Added 06/05/96, Amended 06/04/03). An establishment or facility licensed to do
business in Fulton County having a minimum of 25% of its stock in trade, for any form of
consideration, any one or more of the following materials:
(i) books, magazines, periodicals, or other printed matter, or photographs, films, motion
pictures, video cassettes, cds, dvds or other video reproductions, or slides or other
visual representations which are characterized by the depiction or
description of “specified sexual activities” or “specified anatomical areas”, as
defined herein; or
(ii) instruments, devices, novelties, toys or other paraphernalia that are designed for use
in connection with “specified sexual activities” as defined herein or otherwise
emulate, simulate, or represent “specified anatomical areas” as defined herein.
Adult Entertainment. Permitting, performing, or engaging in live acts:
(1) of touching, caressing, or fondling of the breasts, buttocks, and anus, vulva, or
genitals,
(2) of displaying of any portion of the areola of the female breast, or any portion of his
or her pubic hair, cleft of the buttocks, anus, vulva or genitals,
(3) of displaying of pubic hair, anus, vulva, or genitals,
(4) or acts which simulate sexual intercourse (homosexual or heterosexual),
masturbation, sodomy, bestiality, oral copulation, flagellation.
MILTON ZONING ORDINANCE
RZ08-11 – Mayor and City Council Meeting November 17, 2008
3-2
Deleted: the Department of
Environment and
Deleted: the Department of
Environment and
None of these definitions shall be construed to permit any act which is in violation of any county or
state law. (Added 7/1/92)
Adult Entertainment Establishment (Added 7/1/92, Amended 06/04/03). Any establishment or
facility licensed to do business in Fulton County where adult entertainment is regularly sponsored,
allowed, encouraged, condoned, presented, sold, or offered to the public. This definition shall not
include traditional or mainstream theater which means a theater, movie theater, concert hall,
museum, educational institution or similar establishment or facility which regularly features live or
other performances or showings which are not distinguished or characterized by an emphasis on the
depiction, display, or description or the featuring of “specified anatomical areas” or “specified
sexual activities” in that the depiction, display, description or featuring is incidental to the primary
purpose of any performance. Performances and showings are regularly featured when they
comprise 90% of all performances or showings.
Alternative Antenna Support Structure. Clock towers, campaniles, free standing steeples, light
structures and other alternative designed support structures that camouflage or conceal antennas as
an architectural or natural feature. (Added 3/5/97, Amended 5/7/97, 7/7/99, 05/17/06)
Amateur Radio Antenna. Radio communication facility that is an accessory structure to a single
family residential dwelling operated for non-commercial purposes by a Federal Communication
Commission licensed amateur radio operator. The term antenna shall include both the electronic
system and any structures it is affixed to for primary support. (Added 07/07/93)
Antenna. Any exterior apparatus designed for telephone, radio, or television communications
through the sending and/or receiving of electromagnetic waves. (Added 3/5/97)
Apartment. A building which contains three or more dwelling units either attached to the side,
above or below another unit. Apartment may also refer to a dwelling unit attached to a non
residential building. (See Dwelling, Multi-Family) (Amended 07/07/99)
Appeal. A request for relief from a decision made by the Director of Community Development,
other department directors, the Board of Zoning Appeals, and/or the Council. (Added 06/02/99)
Applicable Wall Area. The wall on which a wall sign is attached including all walls and windows
that have the same street or pedestrian orientation. All open air spaces shall be excluded from the
applicable wall area. (Added 09/01/99)
Attic. An unheated storage area located immediately below the roof.
MILTON ZONING ORDINANCE
RZ08-11 – Mayor and City Council Meeting November 17, 2008
3-3
Deleted: the Department of
Environment and
Deleted: Board of Commissioners
Deleted: Authorized Agent. Zoning
Department will provide.¶
Automotive Garage. A use primarily for the repair, replacement, modification, adjustment, or
servicing of the power plant or drive-train or major components of automobiles and motorized
vehicles. The repair of heavy trucks, equipment and automobile body work shall not be included in
this use. The outside storage of unlicensed and unregistered vehicle is prohibited as part of this use.
(See Auto Specialty Shop and Service Station) (Added 04/07/93)
Automotive Specialty Shop. A use which provides one or more specialized repair sales and/or
maintenance functions such as the sale, replacement, installation or repair of tires, mufflers,
batteries, brakes and master cylinders, shock absorbers, instruments (such as speedometers and
tachometers), radios and sound systems or upholstery for passenger cars, vans, and light trucks only.
No use authorized herein shall permit any private or commercial activity which involves auto/truck
leasing, painting, repair or alteration of the auto body, nor shall any repair, replacement,
modification, adjustment, or servicing of the power plant or drive-train or cooling system be
permitted, except that minor tune-up involving the changing of spark plugs, points or condenser,
including engine block oil changes, are permitted. (See Repair 3.3.18 and Service Station 3.3.19)
(Added 04/07/93) (Amended 02/07/01)
3.3.2. B
Babysitting. A service in which shelter, care, and supervision are provided for 4 or fewer children
below the age of 12 on an irregular basis.
Banner. Any sign of lightweight fabric or similar material that is either with frame or without frame
and hung or mounted to a pole, building or other background by one or more edges. Flags are not
considered banners. (Added 09/01/99)
Basement. A level below a floor of a building with a minimum of one-half (1/2) of the total wall
area below grade. A basement is not a story. The term basement is synonymous with cellar.
Beacon. Any light with one or more beams directed into the atmosphere or directed at one or more
points not on the same lot as the light source; also any light with one or more beams that rotate or
move. (Added 09/01/99)
Bed and Breakfast Inn. A residence in which the frequency and volume of visitors are incidental to
the primary use as a private residence and where guest rooms are made available for visitors for
fewer than 30 consecutive days. Breakfast is the only meal served and is included in the charge for
the room. Use allowed in non-residential districts and permitted in AG-1 and TR with a Use Permit.
(Added 06/01/94)
Berm. A planted earthen mound.
MILTON ZONING ORDINANCE
RZ08-11 – Mayor and City Council Meeting November 17, 2008
3-4
Billboard. A sign which advertises services, merchandise, entertainment or information which is not
available at the property on which the sign is located.
Boarding House. A residential use other than a hotel or motel in which lodging may be provided to
non-household members and which includes the provision of meals. (Amended 5/6/92)
Brewpub. An accessory use to a permitted restaurant where distilled spirits, malt beverages or wines
are licensed to sell and where beer or malt beverages are manufactured or brewed for consumption
on the premise and solely in draft form (Added 2/7/96).
Buffer, State Waters. An area along the course of any State waters to be maintained in an
undisturbed and natural condition.(Added 12/1/99)
Buffer, Tributary. A protection area adjoining the tributaries of the Chattahoochee River. Tributary
buffer specifications are contained in Part D of each prospective land use section of the Tree
Ordinance. (Amended 12/1/99)
Buffer, Zoning. A natural undisturbed portion of a lot, except for approved access and utility
crossings, which is set aside to achieve a visual barrier between the use on the lot and adjacent lots
and/or uses. A buffer is achieved with natural vegetation and must be replanted subject to the
approval of the Director of Community Development or his/her designated agent(s) when sparsely
vegetated. Clearing of undergrowth from a buffer is prohibited except when accomplished under the
supervision of the Director of Community Development or his/her designated agent(s). (Added
12/1/99)
Buildable area. The portion of a parcel of land where a building may be located and which shall
contain enough square footage to meet the minimum required by the zoning district. That portion
which is not located in the minimum setbacks, utility corridors, driveways, slopes to build streets,
tree save areas, landscape strips, specimen tree areas, state water buffers, tributary buffers, zoning
buffers, wetlands, storm water and sanitary sewer easements.(Amended 12/1/99)
Building. Any structure with a roof, designed or built for the support, enclosure, shelter, or
protection of persons, animals, chattels, or property of any kind.
Building Line. A building line is one which is no closer to a property line than the minimum yard
(setback) requirements.
Business. A use involving retailing, wholesaling, warehousing, outside storage, manufacturing or
the delivery of services regardless of whether payment is involved. The term Business does not
include uses which are customarily incidental (accessory) to another use.
3.3.3. C
MILTON ZONING ORDINANCE
RZ08-11 – Mayor and City Council Meeting November 17, 2008
3-5
Deleted: Board. Fulton County Board
of Commissioners. (Added 09/01/04)¶
¶
Deleted: the Department of
Environment and
Deleted: the Department of
Environment and
Canopy. A roof-like cover, excluding carports, that either projects from the wall of a building or is
freestanding.
Car Wash, Principal. A primary or main use which provides space for cleaning vehicles. (Added
7/5/89)
Car Wash, Accessory. A customarily incidental use of an attached or detached bay for cleaning
vehicles. (Added 7/5/89)
Cellar. See basement.
Cemetery, Human. The use of property as a burial place for human remains. Such a property may
contain a mausoleum.
Cemetery, Pet. The use of property as a burial place for the remains of pets. Such a property may
contain a mausoleum.
Check cashing establishment. Any establishment licensed by the State of Georgia
pursuant to O.C.G.A. sections 7-1-700 et seq. (Added 10/02/02)
Church, Temple or Place of Worship. A facility in which persons regularly assemble for religious
ceremonies. This shall include, on the same lot, accessory structures and uses such as minister's and
caretaker's residences, and others uses identified under the provisions for Administrative and Use
Permits.
City. The City of Milton.
Clear Cutting. The removal of all vegetation from a property, whether by cutting or other means,
excluding stream buffer requirements.(Added 12/01/99)
Clinic. A use where medical examination and treatment is administered to persons on an outpatient
basis. No patient shall be lodged on an overnight basis.
Club. A non-profit social, educational or recreational use normally involving community centers,
public swimming pools and/or courts, civic clubhouses, lodge halls, fraternal organizations, country
clubs and similar facilities.
Club, Neighborhood. Any club operated for recreation and social purposes solely by the residents of
a specific neighborhood or community.
MILTON ZONING ORDINANCE
RZ08-11 – Mayor and City Council Meeting November 17, 2008
3-6
Commercial Amusement /Indoor. A use where recreational activity such as movie theaters, arcades,
billiards, game rooms, sporting activities and other recreational amusements are conducted within a
building.(Added 7/7/99)
Commercial Amusement/Outdoor. A use where recreational activity such as skating rinks, batting
cages, miniature golf, drive-in theaters and other recreational activities or amusements that are
conducted outside a building.(Added 7/7/99)
Composting. A processing operation for the treatment of vegetative matter into humus-like material
that can be recycled as a soil fertilizer amendment such as trees, leaves and plant material. Organic
animal waste, food, municipal sludge, solid waste, and other non-farm or vegetative type wastes are
not included. (Added 11/03/93)
Condominium. A form of ownership as defined by State law in which common elements are jointly
owned. A condominium is not a building type.
Construction material. Building materials and rubble resulting from construction, remodeling,
repair, and/or demolition operations on pavements, houses, commercial buildings and other
structures. Such materials include, but are not limited to, asbestos containing waste, wood, bricks,
metal, concrete, wall board, paper, cardboard, inert waste landfill material, and other nonputrescible
wastes which have a low potential for groundwater contamination. (Added 12/01/99)
Convalescent Center/Nursing Home/Hospice. A state licensed use in which domiciliary care is
provided to convalescing, chronically or terminally ill persons who are provided with food, shelter
and care and not meeting the test of family. This use shall not include hospitals, clinics, or similar
institutions devoted primarily to the diagnosis and treatment of the sick or injured. (Amended
7/7/99)
Convenience Store. A use offering a limited variety of groceries household goods, and personal
care items, always in association with the dispensing of motor fuels as an accessory use, but in all
cases excluding vehicle service, maintenance and repair.
Convenient location and time. Suitable time and easily accessible place for applicants to meet with
interested parties to discuss rezoning and/or use permit petitions. (Added 09/01/04)
Council. The City of Milton Mayor and City Council.
Country Inn. A facility, with the owner or innkeepers residing on the premises, where guest rooms
are made available for visitors for fewer than 30 consecutive days. A Country Inn is distinguished
from a Bed and Breakfast category in that it serves both breakfast and lunch or dinner.(Amended
7/7/99)
MILTON ZONING ORDINANCE
RZ08-11 – Mayor and City Council Meeting November 17, 2008
3-7
Deleted: Conservation Subdivision. A
single family detached residential
subdivision in which a minimum of 40
percent of the total land area is set aside
as permanently protected open space as
defined by Article VI of the Fulton
County Subdivision Regulations. (Added
05/05/04)¶
¶
Courtyard. An open air area, other than a yard, that is bounded by the walls of a building.
Courtyards are used primarily for supplying pedestrian access, light, and air to the abutting
building(s). Site furniture, lighting and landscaping are appropriate for courtyards. Vehicular access
allowed for unloading and loading only. No vehicular parking or vehicular storage is allowed.
(Added 03/03/04)
Crematorium. A facility for the reduction of remains to ashes by incineration.
Cul-de-sac. A street having only one connection to another street, and is terminated by a vehicular
turn-around.
Curb cut. A connection between a roadway and a property for vehicular access. Curb cut applies to
access regardless of the existence of curbing.
Cutoff. A luminaire light distribution where the emission does not exceed 2.5 percent of the lamp
lumens at an angle of 90 degrees above nadir and does not exceed 10 percent at a vertical angle of
80 degrees above nadir. (Added 05/05/04)
Cutoff Fixture. A luminaire light distribution where the candela per 1000 lamp lumens does not
numerically exceed 25 (2.5 percent) at or above a vertical angle of 90 degrees above nadir, and 100
(10 percent) at or above a vertical angle of 80 degrees above nadir. This applies to all lateral angles
around the luminaire. (Added 02/01/06)
3.3.4. D
Day Care Facility. A use in which shelter, care, and supervision for (7) or more persons on a regular
basis away from their residence for less than 24 hours a day. A Day Care Facility may provide basic
educational instruction. The term shall include nursery school, kindergarten, early learning center,
play school, pre-school, and Group Day Care Home.
Day Care Home, Family. See Family Day Care Home.
Day-Night Average Sound Level (DNL). The day-night average sound level (DNL) is the 24-hour
average sound level, in decibels, obtained from the accumulation of all events with the addition of
10 decibels to sound levels in the night from 10 P.M. to 7 A.M. The weighing of nighttime events
accounts for the usual increased interfering effects of noise during the night, when ambient levels are
lower and people are trying to sleep. DNL is a weighted average measured in decibels (db). (Added
04/03/02)
Deck. A structure abutting a dwelling with no roof or walls except for visual partitions and railings
not to exceed 42” above finished floor which is constructed on piers or a foundation above-grade for
use as an outdoor living area. (Added 03/03/04)
MILTON ZONING ORDINANCE
RZ08-11 – Mayor and City Council Meeting November 17, 2008
3-8
Department. Department of Community Development.
Development, Duplex. A development of duplexes. (Added 06/04/03)
Development, Multifamily. A development of multifamily dwelling units on a single lot of record.
(Amended 06/04/03)
Development of Regional Impact (DRI) Study. A review by the Atlanta Regional Commission and
the Georgia Regional Transportation Authority of large scale projects that are of sufficient size that
they are likely to create impacts beyond the jurisdiction in which each project will be located.
(Added 09/01/04)
Development Permit Standards. Requirements established for each administrative and use permit
such as setbacks, access, landscape and buffer areas, hours of operation etc. (Added 06/02/99)
Development, Single Family. A development of single family dwelling units, with each dwelling
unit including accessory structures, on a separate lot of record. (Amended 06/04/03)
Development Standards. Dimensional measurements as specified in zoning districts relating to such
standards as yard setbacks, lot area, lot frontage, lot width, height and floor area.(Added 06/02/99)
Development, Townhouse. A development of townhouse dwelling units. (Added 06/04/03)
Director. Director of Community Development.
Distribution Line -a pipeline other than a gathering or transmission line.(Added 08/04/99)
District, Nonresidential. A term used to identify all districts except single-family dwelling districts,
all apartment districts, R-6, TR, MHP and residential portions of a CUP -- Includes
AG-1.
District, Residential. A term which applies to all single-family dwelling districts, all apartment
districts, R-6, TR, MHP and residential portions of a CUP --Excludes AG-1.
Drainage Facility. A facility which provides for the collection, removal and detention of surface
water or groundwater from land by drains, water course or other means.
Drive-in/up Restaurant. A restaurant designed for customers to park and place and receive food
orders while remaining in their motor vehicles. (Added 09/01/04)
Driveway. A vehicular access way.
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Deleted: Environment and
Deleted: (Added 09/01/04)
Deleted: the Department of
Environment and
Deleted: (Added 09/01/04)
Dwelling. Any building or portion thereof which is designed for or used for residential purposes for
periods of more than 30 consecutive days.
Dwelling, Duplex. A structure that contains two dwelling units. (Added 06/04/03)
Dwelling, Multifamily. A structure containing three or more dwelling units not including
townhouses, triplexes or quadruplexes. (Amended 06/04/03, 04/05/06)
Dwelling, Quadruplex. Four attached dwellings in one building in which each unit shares
one or two walls with an adjoining unit or units. (Added 04/05/06)
Dwelling, Triplex. A building containing three dwelling units, each of which has direct
access to the outside or to a common hall. (Added 04/05/06)
Dwelling Unit. One or more rooms constructed with cooking, sleeping and sanitary facilities
designed for and limited to use as living quarters for one family. (Amended 06/04/03)
Dwelling Unit, Single Family. One dwelling unit that is not attached to any other dwelling unit by
any means. (Added 06/04/03)
Dwelling Unit, Townhouse. A dwelling unit in a row of at least three such units in which each unit
has its own front and rear access to the outside, no unit is located over another unit, and each unit is
separated from any other unit by one or more vertical common walls. (Added 06/04/03)
3.3.5. E
Environmentally Adverse. Any use or activity which poses a potential or immediate threat to the
environment and/or is physically harmful or destructive to living beings as described in the
Executive Order 12898 regarding Environmental Justice.(Added 02/07/01)
Environmentally Stressed Community. A community exposed to a minimum of two
environmentally adverse conditions resulting from public and private municipal (e.g., solid waste
and wastewater treatment facilities, utilities, airports, and railroads) and industrial (e.g., landfills,
quarries and manufacturing facilities) uses. (Added 09/01/04)
3.3.6. F
Family. Family means one or more persons related by blood, marriage, adoption, guardianship or
other duly authorized custodial relationship, or up to 4 unrelated persons, occupying a dwelling unit
and living as a single housekeeping unit, as distinguished from persons occupying a rooming,
boarding or lodging house, or a hotel. (Amended 7/7/99)
MILTON ZONING ORDINANCE
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Family Day Care Home. A Home Occupation in which shelter, care, and supervision are provided
for 6 or fewer persons on a regular basis. A Family Day Care Home may provide basic educational
instruction.
Farm. A parcel of land which is used for the raising of animals (including fish) on a commercial
basis, such as ranching, dairy farming, piggeries, poultry farming and fish farming; a facility for the
business of boarding or renting horses to the public; or a site used for the raising or harvesting of
agricultural crops such as wheat, field forage and other plant crops intended for food or fiber.
(Added 7/7/99)
Fast Food Restaurant. See Restaurant, Fast Food.
Flag Lot. A lot where frontage to a public street is provided via a narrow strip of land forming a
pole or stem to the buildable portion of the lot (Added 2/7/96).
Flood Lamp. A form of lighting designed to direct its output in a specific direction with a reflector
formed from the glass envelope of the lamp itself. Such lamps are so designated by the
manufacturers and are typically used in residential outdoor area lighting. (Added 02/01/06)
Flood Light. A form of lighting designed to direct its output in a diffuse, more or less specific
direction, with reflecting or refracting elements located external to the lamp. (Added 02/01/06)
Flood Plain Management Terms. The following definitions apply to Sections of the Zoning
Ordinance on Flood Plain Management.
1) As-built drawings. Plans which show the actual locations, elevations, and
dimensions of the improvements as certified by a professional engineer or a licensed
surveyor in the State of Georgia.
2) Base Flood. The flood having a one percent chance of being equaled or exceeded in
any given year - the 100-year flood.
3) Base Flood Elevation (B.F.E.). The highest water surface elevation anticipated at
any given point during the base flood.
4) Development. Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, such as mining, dredging,
filling, grading, paving, excavation or drilling operations.
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Deleted: Resolution
5) Federal Emergency Management Agency (FEMA). The Federal Agency which
administers the National Flood Insurance Program. This agency prepares, revises
and distributes the maps and studies adopted under Article IV, Section 24.
6) Flood or Flooding. A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland waters or the
unusual and rapid accumulation of runoff of surface waters from any source.
7) Flood Elevation Study. An examination, evaluation, and determination of flood
hazards and, if appropriate, corresponding water surface elevations.
8) Flood Boundary and Floodway Map. An official map of the City on which FEMA
has delineated the various flood boundaries, the floodway fringe, and the floodways.
9) Flood Fringe. That area contained by the flood boundaries exclusive of the
regulatory floodway.
10) Flood Insurance Rate Map (FIRM). The official map of the City on which FEMA
has delineated the risk premium zones.
11) Flood Insurance Study (FIS). A compilation of flood related data obtained from the
flood studies for the unincorporated areas of the City of Milton, Georgia, prepared
by FEMA.
12) Flood Plain. Lands subject to flooding, which have a one percent probability of
flooding occurrence in any calendar year; the 100-year flood plain is shown on the
Flood Boundary and Floodway Map. Also referred to as area of moderate Flood
Hazard.
13) Flood Prone Area. Areas shown on the Flood Insurance Rate Map as "Zone B" (zone
where the contributing drainage area is less than one square mile) and which are
determined by the Department of Public Works to be a hazard to adjacent properties
or development in the event of the base flood.
14) Flood Proofing. Any combination of structural and nonstructural additions, changes,
or adjustments to structures which reduce or eliminate flood damage to real estate or
improved real property, water and sanitary facilities, structures and their contents.
15) Floodway. See Regulatory Floodway.
16) Freeboard. A factor of safety usually expressed in feet above a flood level for
purposes of flood plain management.
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Deleted: Fulton County
Deleted: Fulton County
Deleted: Fulton County
17) Functionally Dependent Use. A use which cannot perform its intended purpose
unless it is located or carried out in close proximity to water.
18) I.R.F. Elevation. See "Base Flood Elevation".
19) Lowest Floor. The lowest minimum floor including basement and attached garage.
20) Map. The Flood Boundary and Floodway Map or the Flood Insurance Rate Map.
21) Mean Sea Level. For purposes of Flood Plain Management, the National Geodetic
Vertical Datum (NGVD) of 1929.
22) Mobile Home. See Mobile Home under "M" headings in main text of Definitions.
23) Mobile Home Park/Mobile Home Subdivision. A parcel (or contiguous parcels) of
land divided into two or more mobile home lots for rent or sale for which the
construction of facilities for servicing the lot on which the mobile home is to be
affixed (including at a minimum the installation of utilities, either final site grading
or the pouring of concrete pads and construction of streets) was completed on or after
April 5, 1972.
24) NGVD. National Geodetic Vertical Datum.
25) New Structure. Any proposed structure which does (did) not have a valid building
permit prior to the effective date of this (amendment) Ordinance. Note: This
resolution was adopted on March 11, 1955. Records suggest that flood plain
management provisions were first adopted on April 5, 1972.
26) Regulatory Floodway. The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than a designated height.
27) Riverine. Relating to, formed by, or resembling a river (including tributaries),
stream, or brook.
28) Special Flood Hazard Area. Those lands subject to periodic flooding and shown on
the "Flood Insurance Rate Map" as a numbered or unnumbered "A" zone.
29) Start of Construction. The first placement of permanent construction of a structure,
excluding a mobile home, on a site, such as the pouring of slabs or footing or any
work beyond excavation. Permanent construction does not include land preparation,
MILTON ZONING ORDINANCE
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Deleted: resolution
such as clearing, grading, and filling; nor does it include the installation of streets
and/or walkways. Excavation for a basement, footings, piers or foundations, and the
erection of temporary forms are not permanent forms of construction. The
installation of accessory buildings, such as garages and sheds, apart from the main
structure also fail to qualify as permanent construction.
30) Start of Construction. For any structure, except mobile home, which has no
basement or poured footings, the "start of construction" includes the first permanent
framing or assembly of the structure or any part thereof on its park or mobile home
subdivision. For a mobile home, "start" means the date on which the mobile home
is to be affixed (including, at a minimum, the construction of streets, either final site
grading or the pouring of pads, and installation of utilities) is completed.
31) State Coordinating Agency. The Flood Plain Management Coordinator of the
Georgia Department of Natural Resources.
32) Structure. All walled and roofed buildings, storage tanks and other structural
improvements located principally above ground.
33) Water Surface Elevation. The relationship between the projected heights and the
NGVD reached by floods of various magnitudes and frequencies in the flood plains.
Floor Area, Gross. The sum of all floors of a structure as measured to the outside surfaces of
exterior walls or the center of connected or common walls, including common public areas, such as
lobbies, rest rooms and hallways, spaces devoted exclusively to permanent mechanical systems,
permanent storage areas, stairwells, elevator shafts, but excluding internal parking and loading
areas, attics, porches, balconies and other areas outside of the exterior walls of the building. Gross
floor area is used to determine the building sizes for all but single-family dwellings and to determine
required parking when floor area is the designated measure for a use. Commonly referred to as Floor
Area. (Amended 7/5/89)
Floor Area, Ground. The heated floor area of the first story of a building above a basement or, if no
basement, the lowest story.
Floor Area, Heated. The sum of all heated area of a dwelling or dwelling unit, as appropriate,
measured to the inside surfaces of exterior walls, excluding porches, balconies, attics, basements
(finished or unfinished), garages, patios and decks.
Floor Area, Net. The sum of all floors of a structure as measured to the outside surfaces of exterior
walls, excluding halls, stairways, elevator shafts, attached and detached garages, porches, balconies,
attics with less than 7 feet of headroom, basements, patios and decks are excluded.
MILTON ZONING ORDINANCE
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Floor Area, Net Leasable. Gross floor area less the common public areas.
Foot-candle. A unit of measure for illuminance on a surface that is everywhere one foot from a
point source of light of one candle, and equal to one lumen per square foot of area. (Added
02/01/06)
Fuel Oil - a liquid petroleum product that is burned in a furnace for the generation of heat or used in
an engine for the generation of power. The oil may be a distilled fraction of petroleum, a residuum
from refinery operations, a crude petroleum, or a blend of two or more of these.(Added 08/04/99)
Full Cutoff. A luminaire light distribution where zero candela intensity occurs at or above an angle
of 90 degrees above nadir. Additionally, the candela per 1000 lamp lumens does not numerically
exceed 100 (10 percent) at or above a vertical angle of 80 degrees above nadir. This applies to all
lateral angles around the luminaire. (Added 02/01/06)
Full Cutoff Fixture. An outdoor light fixture shielded or constructed in such a manner that it emits
no light above the horizontal plane of the fixture. (Added 02/01/06)
3.3.7. G
Garden Center. A business whose primary operation is the sale of seeds and organic and inorganic
materials, which include but are not limited to trees, shrubs, flowers, and other plants for sale or
transplanting, mulch, pine straw, and other organic products for landscaping purposes, and other
limited retail accessory products for gardening and/or landscaping with an approved Use Permit for
Landscaping Business, Plant Nursery, or Garden Center with Indoor Retail Component (Article
19.4.27). (Added 04/03/02)
Gathering Line -a pipeline that transports fuel oil/liquid petroleum product from a current
production facility to a transmission line or main.(Added 08/04/99)
Glare. The sensation produced within the visual field by luminance that is sufficiently greater than
the luminance to which the eyes are adapted, causing annoyance, discomfort, or loss in visual
performance and visibility. (Added 02/04/04, Revised 02/01/06)
Golf Course. A use of land for playing the game of golf. The term shall not include miniature golf,
but may include a Country Club and a driving range as an accessory use.
Governmental Facility. A building or institution provided by the government to care for a specified
need, such as a courthouse or county jail. (Added 7/1/92)
Grade. The average elevation of the finished surface of the ground adjacent to all sides of any
structure.
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Green space. Green space means permanently protected land and water, including agricultural and
forestry land, that is in its undeveloped, natural state or that has been developed only to the extent
consistent with, or is restored to be consistent with, one or more of the following goals:
(1) Water quality protection for rivers, streams, and lakes;
(2) Flood protection;
(3) Wetlands protection;
(4) Reduction of erosion through protection of steep slopes, areas with erodible soils,
and stream banks;
(5) Protection of riparian buffers and other areas that serve as natural habitat and
corridors for native plant and animal species;
(6) Scenic protection;
(7) Protection of archaeological and historic resources;
(8) Provision of recreation in the form of boating, hiking, camping, fishing, hunting,
running, jogging, biking, walking, and similar outdoor activities; and
(9) Connection of existing or planned areas contributing to the goals set out in this
paragraph. (Added 04/03/02)
Group Residence for Children: A dwelling unit or facility in which full time residential care is
provided for children under the age of 17 as a single housekeeping unit. A group residence must
comply with applicable federal, state and local licensing requirements. A group residence may not
serve the purpose of, or as an alternative to, incarceration. (Added 11/03/04)
Group Residence/Shelter. A state licensed 24-hour residential facility functioning as a single
housekeeping unit for the sheltered care of persons with special needs which, in addition to
providing food and shelter, may also provide some combination of personal care, social or
counseling services and transportation. Bedroom suites shall not include kitchen facilities. For
purposes of this Ordinance, group residence/shelter shall not include those facilities which
exclusively care for children under the age of 17. (Amended 7/7/99, 11/03/04)
Guest House. A detached accessory dwelling unit located on the same lot with a single-family
dwelling unit. A guest house may be only used by relatives, guest or employees that work on the
property without payment for rent (Amended 2/7/96).
3.3.8. H
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Deleted: Resolution
Hardship. The existence of extraordinary and exceptional conditions pertaining to the size, shape, or
topography of a particular property, because of which the property cannot be developed in strict
conformity with the provisions of the Zoning Ordinance. (Added 06/02/99)
Height. The vertical distance measured from the finished grade along all walls of a structure to the
highest point of the coping or parapet of a flat roof or to the average height between eaves and ridge
for gable, hip and gambrel roofs.
Historic period lighting. Commercial lighting with an architectural design from the late 19th and
early 20th centuries. (Added 06/04/03)
Home Occupation. An accessory use of a dwelling unit for business, operated by members of the
resident family only. (See Article Section 4.12) (Amended 12/4/91)
Home Schooling. The practice of teaching one’s own children at home in accordance with Sections
20-2-690 and 20-2-690.1 of the Georgia Code. (Added 03/03/04)
Hoop Stress - a causation of internal and external pressure loading on the pipe.(Added 08/04/99)
Hospital. The provision of in-patient health care for people, including general medical and surgical
services, psychiatric care and specialty medical facilities. Out-patient facilities are normally
included.
Hotel/Motel. A building in which lodging and/or boarding is provided for fewer than 30 days. The
term may include a restaurant in conjunction therewith and may also mean tourist court, motor lodge
and inn.
Hotel, Apartment. A use which provides individual units which include cooking facilities, and
which are used for temporary lodging to persons not related to the owner for fewer than 30 days.
3.3.9. I
IESNA. The Illuminating Engineering Society of North America, a non-profit professional
organization of lighting specialists that has established recommended design standards for various
lighting applications. (Added 05/05/04, Revised 02/01/06)
Illuminance. The quantity of light arriving at a surface divided by the area of the illuminated
surface, measured in foot-candles. Horizontal illuminance applies to a horizontal surface, vertical
illuminance applies to a vertical surface. Average illuminance is the level of illuminance over an
entire illuminated target area. Maximum illuminance is the highest level of illuminance on any point
within the entire area; minimum illuminance is the lowest level of illuminance on any point within
the entire area. (Added 02/01/06)
MILTON ZONING ORDINANCE
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Deleted: Resolution
Deleted: Height, Sign. The elevation
measured from grade level adjoining a
sign to the highest point on the sign;
except that when measuring a free
standing sign, any part of which is
located below the centerline of an
adjoining street, said sign shall be
measured from the elevation of the
centerline of the road to the highest point
on the sign, (as shown in Illustration
XXXIII-1).¶
¶
Deleted: Identification Monument. See
Article 33, Signs.¶
¶
Illuminance Levels. Illuminance levels and foot candles noted in this ordinance mean the
maintained illuminance levels; the illuminance levels occurring just prior to lamp replacement and
luminaire cleaning. The average illuminance level applies to an entire illuminated target area.
Minimum and maximum illuminance levels apply to small areas within the entire illuminated target
area. Unless otherwise noted, illuminance levels refer to horizontal illuminance levels. (Added
02/01/06)
Illumination. Direct illumination is illumination which is projected from within a sign, building,
etc.. Indirect illumination is illumination which is projected onto a sign, building, etc..
Improvement Setback. An area adjacent to a zoning buffer in which no improvements and/or
structures shall be constructed. No development activity such as tree removal, stump removal or
grinding, land disturbance or grading is permitted without the approval of the Director of Deleted: the Environment and C
Community Development .(Added 12/1/99)
Institutional Use. Includes schools, colleges, vocational schools, hospitals, places of worship,
asylums, museums, and other similar uses or facilities. (Added 7/1/92)
3.3.10. J
Junk Facility. See Salvage/Storage/Junk Facility.
3.3.11. K
Kennel. A use for the shelter of domestic animals where the shelter of these animals involves an
exchange of revenue in which a business license is required. If the kennel is a non-business
operation, its use may be certified by the Fulton County Animal Control Office. (Amended
04/06/94)
3.3.12. L
Lamp. The component of an outdoor luminaire that produces light. (Added 05/05/04)
Land Disturbance Permit. A permit issued by the Community Development that authorizes the
commencement of alteration or development of a given tract of land or the commencement of any
land disturbing activity.(Amended 12/1/99).
Land Disturbing Activity. Any alteration of land which may result in soil erosion from water or
wind and the movement of sediment into water or onto lands, including, but not limited to, clearing,
dredging, grading, excavating, transporting and filling.
MILTON ZONING ORDINANCE
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Deleted: Department
Deleted: Department of Environment
and
Landfill, Inert Waste Disposal. A disposal facility accepting only waste that will not or is not likely
to cause production of leachate of environmental concern by placing an earth cover thereon. Such
waste is limited to earth and earth-like products, concrete, cured asphalt, rocks, bricks, yard trash,
stumps, limbs and leaves. This definition excludes other types of industrial and demolition waste
not specifically listed above. Refer to the rules concerning Solid Waste Management of the Georgia
Department of Natural Resources, Environmental Protection Division, as amended, for further
definition.(Amended 7/7/99)
Landfill, Solid Waste Disposal. A disposal facility accepting solid waste excluding hazardous waste
disposed of by placing an earth cover thereon. Solid waste includes waste from domestic,
agricultural, commercial and industrial sources. Refer to the rules concerning Solid Waste
Management of the Georgia Department of Natural Resources, Environmental Protection Division,
as amended, for further definition.(Amended 7/7/99)
Landscape Strip. An area required by this Ordinance or by conditions of zoning which is reserved
for the installation and/or maintenance of plant materials. (Amended 12/1/99)
Landscaping Business. A business whose primary operation is the sale and/or storage of organic and
inorganic materials, plants, mulch, pine straw, and other limited related accessory products for the
landscape industry or the storage or use of associated landscape vehicles with an approved Use
Permit for Landscaping Business, Plant Nursery, or Garden Center with Indoor Retail Component
(Article 19.4.27). (Added 04/03/02) (Amended 4/28/08)
Large Scale Retail/Service Commercial Structure. An individual retail/service commercial structure
that is 75,000 square feet or greater. This size threshold refers to an individual establishment and its
associated outdoor areas used for display and storage. (Added 04/05/06)
Large Scale Retail/Service Commercial Development. A retail/service commercial development
with at least one large scale retail structure but no more than four such structures whether
freestanding or combined. (Added 04/05/06)
Lawful Use. Any use of lots or structure which is not in violation of any existing federal, state or
local law, statute, regulation or ordinance. (Added 7/1/92)
Library. A place set apart to contain books and other literary material for reading, study, or
reference, for use by members of a society or the general public. (Added 7/1/92)
Light, Direct. Light emitted directly from the lamp, off of the reflector or reflector diffuser, or
through the refractor or diffuser lens, of luminaire. (Added 02/04/04)
Light, Fully-shielded. Outdoor light fixtures shielded or constructed so that no light rays are
emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test
MILTON ZONING ORDINANCE
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Deleted: resolution
report. (Added 02/04/04)
Light, Indirect. Direct light that has been reflected or has scattered off of other surfaces. (Added
02/04/04)
Loading Space. An area within the main building or on the same lot, which provides for the loading,
or unloading of goods and equipment from delivery vehicles.
Lodge and/or Retreat/Campground. A facility allowed with a Use Permit which provides space,
food and/or lodging facilities for social, educational or recreational purposes. (Amended 3/6/91,
7/7/99)
Lot. The basic lawful unit of land, identifiable by a single deed. A group of two or more contiguous
lots owned by the same entity and used for a single use shall be considered a single lot. Lot, tract
and parcel are synonymous.
Lot, Corner. A Multiple Frontage Lot adjoining two streets at their intersection.
Lot Frontage. The shortest property line adjoining a street or, for lots requiring no street frontage,
oriented toward a street. A property line adjoining a stub street shall not be considered as frontage
unless it is proposed for access or is the only street frontage. Front yard requirements shall be
measured from this property line. In situations where a multiple frontage lot has equal distance on
street frontages, the Director of Community Development shall determine the legal lot frontage.
(Amended 11/03/93)
Lot line, front. A lot line which extends the entire length of an abutting street from intersecting
property line to intersecting property line. The front lot line of a corner lot abuts the street which
adjoins the lot for the shortest distance. (Added 04/03/02)
Lot line, rear. Generally, the rear lot line is the lot line opposite and most distant from the front lot
line. For a pointed or irregular lot, the rear lot line shall be an imaginary line, parallel to and the
most distant from the front lot line, not less than twenty feet long, and wholly within the lot. True
triangular lots do not have rear lot lines. Lots with more than one front lot line do not have rear lot
lines. The Director of Community Development or his/her designee shall make the final
determination of rear lot lines when in dispute or undefined by this definition. (Added 04/03/02)
Lot line, side. A lot line which is not a rear or front lot line. (Added (04/03/02)
Lot Line/Property Line. A line established through recordation of an approved plat, or a deed in the
absence of a platting requirement, which separates a lot from other lots, or a lot from rights-of-way.
Lot, Multiple Frontage. Lots adjoining more than one street.
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Deleted: Development Services
Deleted: the Department of
Environment and
Lot, Nonconforming. See "Nonconforming Lot, Use or Structure".
Lot-of-Record. A lot, whether lawful or unlawful, which appears on a deed and/or plat recorded in
the official records of the Clerk of Superior Court.
Lot, Unlawful. Any lot-of-record which, at the time of recordation in the official records of the
Clerk of Superior Court, was not in compliance with zoning and subdivision laws in effect at that
time.
Lot Width, Minimum. The least dimension required along the building line specified for each
district, parallel to the lot frontage and measured between side lot lines.
Luminaire. This is a complete lighting system and includes a lamp or lamps and a fixture. (Added
02/04/04)
Luminaire Height. The height of a luminaire shall be the vertical distance from the ground directly
below the centerline of the luminaire to the lowest direct-light-emitting part of the luminaire.
(Added 02/04/04)
3.3.13. M
Maintenance, Normal. The upkeep of a sign for the purpose of maintaining safety and appearance
which may include painting, bulb replacement, panel replacement, letter replacement, repair of
electrical components, and structural reinforcements to its original condition.(Added 09/01/99)
Marquee. Any permanent roof-like structure projecting beyond a building or extending along and
projecting beyond the wall of the building used for advertising or identification. (Added 09/01/99)
Massing. Varying the massing of a building may be achieved by varying the surface planes of the
building with porches, balconies, bay windows, and/or overhangs, and/or stepping-back the
buildings from the second floor and above, and/or breaking up the roofline with different elements to
create smaller compositions. (Added 10/01/03)
Medical Related Lodging. A use which provides temporary lodging for family members of a
hospitalized patient. (Added 12/4/91)
Mineral Extraction. Severance and/or removal of sand, stone, gravel, top soil, and other mineral
resources whenever such severance and/or removal is not conducted in conjunction with a permitted
development activity. (Added 12/4/91)
MILTON ZONING ORDINANCE
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Mini-warehouse. A structure or group of structures containing separate spaces/stalls which are
leased or rented on an individual basis for the storage of goods.
Minor Variance. An application requesting deviation from the minimum yard requirements, not to
exceed ten percent of the dimensional requirements.(Added 06/02/99)
Mobile Home: A structure, transportable in one or more sections, which, in the traveling mode,
is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is
320 or more square feet and which is built on a permanent chassis and designed to be used as a
dwelling with or without a permanent foundation when connected to the required utilities and
includes the plumbing, heating, air-conditioning, and electrical systems contained therein; and
manufactured prior to June 15, 1976 or otherwise does not comply with the standards established
under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42
U.S.C. Section 5401, et seq.
Mobile Home Park. Use of property for two or more mobile homes for living purposes, and spaces
or lots set aside and offered for use for mobile homes. Does not include mobile home sales lot.
Model Home. A dwelling unit used for conducting business related to the sale of a development.
Modification. An application requesting change to an approved condition of zoning or use permit,
except for conditions that pertain to a change in use, increase in density, and/or increase in
height.(Added 06/02/99)
Modular Home. A factory-fabricated, single family dwelling built in one or more sections,
designed for placement on a permanent foundation and not having a permanent chassis. A
modular home is not a mobile home. (Amended 3/6/91, 04/05/06)
Motel. See Hotel/Motel.
Multi-tenant. Two or more businesses that provide goods and/or services within separate structures
located on the same site or within the same structure that provides wall separation and private access
for each business. (Added 06/04/03)
3.3.14. N
NADIR. The point directly below the luminaire defined as 0 degrees vertical angle. (Added
05/05/04)
Nonconforming (Grandfathered) Lot, Use or Structure. A use, lot or structure that was
nonconforming at the time of the adoption of the Fulton County Zoning Resolution on March 11,
1955, or subsequent amendments thereto, or created by deed between March 11, 1955 and
MILTON ZONING ORDINANCE
RZ08-11 – Mayor and City Council Meeting November 17, 2008
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New Roman, Not Italic
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Deleted: Mobile Home. A structure,
transportable in one or more sections,
which is built on a permanent chassis and
designed to be used with or without a
permanent foundation when connected to
the required utilities. For flood plain
management purposes, mobile home
includes travel trailers and similar
vehicles placed on a site for 180
consecutive days or more. For all other
purposes including insurance purposes
under FEMA sponsored programs, mobile
home does not include travel trailers and
similar vehicles. A mobile home is not a
modular home. (Amended 04/05/06)¶
September 21, 1967 (adoption of the Subdivision Regulations) and does not now meet the minimum
requirements of the district in which it is located. Also, a use, lot or structure which has been made
nonconforming by some county or state action. Any change or addition to a use, lot or structure
must comply with current provisions of the Zoning Ordinance. (Amended 11/03/04)
Nursing Home. A use in which domiciliary care is provided to 3 or more chronically ill non-family
members who are provided with food, shelter and care. This use shall not include hospitals, clinics
or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
Convalescent Center, nursing home and personal care home are further distinguished in Administra
tive and Use Permit provisions.
3.3.15. O
Off-Premise. A location outside of the subject lot for a designated use. (Added 09/01/99)
Off-Site/Premise. The location of a structure or use outside the lot-of-record of the subject
development including the adjoining street or other right-of-way. (Added 7/7/99)
On-Premise. The individual lot-of-record on which the use is located. (Added 09/01/99)
On-Site/Premise. The location of a structure or use within the confines of a property delineated by
property lines or, if referenced in a zoning or use permit case, within the confines of the boundaries
of the legal description filed with the petition. (Added 7/7/99)
Office, Temporary. A mobile, manufactured or other structure which is used as an office for real
estate sales, on-site construction management and related functions. Requires an administrative
permit under Temporary Structures.
Open space. A portion of a site which is permanently set aside for public or private use and will not
be developed. The space may be used for passive or active recreation or may be reserved to protect
or buffer natural areas. Open space may include wooded areas other than required landscape strips
and buffers, pathways/walkways, fields, and sensitive environmental areas such as wetlands, etc.
Detention facilities and platted residential lots shall not be included in open space calculations.
(Added 04/05/06)
Ordinance. The City of Milton Zoning Ordinance.
Outparcel (spin-site). A portion of a larger parcel of land generally designed as a site for a separate
structure and business from the larger tract. An outparcel may or may not be a subdivision of a
larger parcel. To be recognized as an outparcel, the portion must be identified on a Site Plan
approved for the larger parcel. (Added 12/4/91)
MILTON ZONING ORDINANCE
RZ08-11 – Mayor and City Council Meeting November 17, 2008
3-23
Deleted: Resolution
3.3.16. P
Parcel. See lot.
Parking Lot. An area which is used for the parking of vehicle.
Parking space. An area designated for the parking of one vehicle on an all weather surface. No
more than two carport or garage spaces may offset the minimum parking requirements in a single-
family residential district. (Amended 5/6/92) (SPECIFICATIONS INCLUDED IN ARTICLE
XVIII)
Path. A cleared way for pedestrians and/or bicycles that may or may not be paved or otherwise
improved. (Added 03/03/04)
Pawn shop. A business that lends money at interest on personal property deposited with the lender
until redeemed. (Added 10/02/02)
Personal Care Home/Assisted Living -A state licensed use in which domiciliary care is provided to
adults who are provided with food, shelter and personal services. This use shall not include
hospitals, convalescent centers, nursing homes, hospices, clinics, or similar institutions devoted
primarily to the diagnosis and treatment of the sick or injured. (Amended 7/7/99)
Plans Review. The act of reviewing plans and specifications to insure that proposed undertakings
comply with various governing laws, Zoning Ordinance and other applicable ordinances.
Compliance is subsequently utilized to determine that work and materials are in accordance with
approved plans and specifications.
Plant Nursery. Any land used to raise trees, shrubs, flowers and other plants for sale or
transplanting, but not including the retail sale of any related garden supplies such as chemical
fertilizer, tools and other similar goods and/or equipment, or the retail sale of plants not grown on
the property except with an approved Use Permit for Landscaping Business, Plant Nursery, or
Garden Center with Indoor Retail Component (Article 19.4.27). (Amended 7/7/99, 04/03/02)
Plat, Final. A finished drawing of a subdivision which provides a complete and accurate depiction
of all legal and engineering information required by the Subdivision Regulations. Certification is
necessary for recording.
Plat, Preliminary. A drawing which shows the proposed layout of a subdivision in sufficient detail
to clearly indicate its feasibility, but is not in final form for recordation pursuant to the Subdivision
Regulations.
MILTON ZONING ORDINANCE
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3-24
Deleted: ordinances
Deleted: resolution
Pipeline - any conduit through which natural gas, petroleum, oxygen, or other flammable or
combustible products, or any of their derivative products are conveyed or intended to be
conveyed.(Added 08/04/99)
Porch. A roofed open structure projecting from the exterior wall of a building and having at least
seventy percent of the total area of the vertical planes forming its perimeter unobstructed in any
manner except by insect-screening between floor and ceiling. (Added 03/03/04)
Primary Variance. An application requesting relief from the standards of the Zoning Ordinance,
except relief from use, minimum lot area, or minimum lot frontage .
Prison/Correctional Facility. A public or state-licensed private owned building(s), and all
accessory uses and structures, used for long-term confinement housing and supervision of persons
who are serving terms of imprisonment for violation of criminal laws. A prison is distinguished
from a jail, in that a prison is considered to be larger and for longer terms, and is normally operated
under the authority or jurisdiction of the State or Federal government. (See Article 19.4.34, Private
Correctional Facility) (Added 7/7/99)
Property. When used in conjunction with an application for rezoning, an area of land composed of
less than one lot, or of accumulations of one or more lots, or parts thereof.
Protected Zone. All lands that fall outside the buildable area of a parcel, all areas of a parcel
required to remain in open space, all areas required as landscape strips and/or buffers (including
zoning buffers, state water buffers and tributary buffers) and all tree save areas according to the
provisions of the City of Milton Zoning Ordinance, conditions of zoning, use permit or variance
approval, and/or the Tree Preservation Ordinance. (Added 12/1/99)
3.3.17. Q
3.3.18. R
Recreational Court, Private. An improved area designed and intended for the playing of a game or
event such as basketball or tennis, and which serves a single family dwelling(s), duplex dwellings
and/or multi-family dwellings, or combinations of dwelling types, including such improved areas
which are owned and/or controlled by a neighborhood club or similar organization. A basketball
goal adjoining a driveway of typical residential driveway dimensions shall not constitute a
recreational court. (Added, 7/5/89)
Recreational Court, Public. An improved area designed and intended for the playing of a game or
event such as basketball or tennis, and is operated as a business or as a club unless such club is a
neighborhood club or similar organization identified under Recreational Court, Private. (Added
7/5/89)
MILTON ZONING ORDINANCE
RZ08-11 – Mayor and City Council Meeting November 17, 2008
3-25
Deleted: Resolution
Deleted: Fulton County Zoning
Deleted: Resolution
Recreational Facilities. Includes parks, recreation areas, golf courses, playgrounds, recreation
counters (indoor & outdoor), playing fields, and other similar uses or facilities.(Added 7/1/92)
Recreation Fields - An outside area designed and equipped for the conduct of sports and leisure-time
activities including but not limited to softball, soccer, football, and field hockey. (Added 7/7/99)
Recreational Vehicle. A vehicle used for leisure time activities and as a dwelling unit while
traveling. Examples include a camper, a motor home and a travel trailer. As distinguished from a
mobile home, dimensions shall not exceed a width of eight and one-half (8.5) feet and a length of
forty five (45) feet.
Recycling Center, collecting. Any facility utilized for the purpose of collecting materials to be
recycled including, but not limited to, plastics, glass, paper and aluminum materials. Such use may
be principal or accessory to a non-residential use on non-residentially zoned property, except AG-1
zoned properties unless, the primary use is a permitted non-residential use. (Added 12/4/91)
Recycling Center, processing. Any facility utilized for the purpose of collecting, sorting and
processing materials to be recycled including, but not limited to, plastics, glass, paper and aluminum
materials whenever such use is permitted in M-1 and M-2 Zoning Districts. A recycling center is
not to be considered a landfill. (Added 12/4/91, Amended 5/6/92, 7/7/99)
Relocated Residential Structure. A dwelling which has been removed from one location for
relocation to another lot.
Repair Garage, Automobile. A use which may provide a full-range of automotive repairs and
services including major overhauls. May include paint and body shops.
Repair Garage, Truck and Heavy Equipment. A use which may provide a full-range of repairs and
services including major overhauls on trucks and heavy equipment. Includes paint and body shops.
Residential Use\Dwelling. Any building or portion thereof where one actually lives or has his home;
a place of human habitation. (Added 7/1/92)
Restaurant. A food service use which involves the preparation and serving of food to seated patrons.
A cafeteria shall also be considered to be a restaurant. The restaurant seating area must be at least
40% of the gross square footage of the restaurant facility. Seating space located outside of the main
structure (i.e. patios, decks, etc.) shall not be included in calculating the seating space. (Amended
04/06/94)
MILTON ZONING ORDINANCE
RZ08-11 – Mayor and City Council Meeting November 17, 2008
3-26
Restaurant, Fast Food. A food service establishment which sells food from a counter or window for
consumption on-premises or off-premises. Tables may be provided, and food may be served at a
table, but may not be ordered from a table.
Retail Use. A business whose primary purpose is the sale of merchandise to consumers. (Added
06/04/03)
Retreat. See Lodge.
Right-of-Way. A portion of land over which a local or state government has designated a right of
use.
Roadside Produce Stand. A use offering either farm-grown, prepared food products such as fruits,
vegetables, canned foods, or prepared packaged meats for sale from a vehicle or a temporary
structure. The consumption of food on-site is prohibited. (Amended 07/07/93, 04/06/94, 04/05/06)
Roadside Vending. The sale of merchandise such as clothing, crafts, household item, firewood, etc.,
from a temporary table or cart. (Added 07/07/93) (Amended 04/06/94, 02/07/01)
Rooming House. A residential use other than a hotel or motel in which lodging may be provided to
non-household members for periods of 30 days or longer, and which does not include the provision
of meals.
3.3.19. S
Salvage/Storage/Junk Facility. Any use involving the storage or disassembly of wrecked or junked
automobiles, trucks or other vehicles; vehicular impound lots; storage, bailing or otherwise dealing
in scrap irons or other metals, used paper, used cloth, plumbing fixtures, appliances, brick, wood or
other building materials; and the storage or accumulation outside of a storage building of used
vehicle tires or tire carcasses which cannot be reclaimed for their original use. Such uses are storage
and/or salvage facilities whether or not all or part of such operations are conducted inside or outside
a building or as principal or accessory uses. State approval is required for all sites utilized for
reclamation and/or disposal of toxic and/or hazardous waste. (Amended 7/7/99)
Scale. Scale refers to the relationship of the size of a building to neighboring buildings and of a
building to a site. In general, the scale of new construction should relate to the majority of
surrounding buildings. (Added 10/01/03)
Schools, Colleges & Universities. Any educational facility established under the laws of the state
(and usually regulated in matters of detail by local authorities), in the various districts, counties, or
towns, maintained at the public expense by taxation, and open, usually without charge, to all
residents of the city, town or other district; private schools which have students regularly attending
classes and which teach subjects commonly taught in these schools of this state; any educational
MILTON ZONING ORDINANCE
RZ08-11 – Mayor and City Council Meeting November 17, 2008
3-27
facility operated by a private organization or local county, or state that provides training or education
beyond and in addition to that training received in grades kindergarten to twelfth, including but not
limited to, trade, business and vocational schools; any institution of higher learning, consisting of an
assemblage of colleges united under one corporate organization or government, affording instruction
in the arts and sciences and the learned professions, and conferring degrees. (Added 7/1/92)
School, Private. An educational use having a curriculum at least equal to a public school, but not
operated by the Fulton County Board of Education.
School, Special. An educational use devoted to special education including the training of gifted,
learning disabled, mentally and/or physically handicapped persons, but not operated by the Fulton
County Board of Education.
Screen. A fence, wall, hedge, landscaping, earthen berm, buffer area or any combination of these
that is designed to provided a visual and/or physical barrier. (Added 7/7/99)
Seasonal Business Use. A primary use involving the sale of items related to calendar holidays, such
as Christmas trees, Halloween pumpkins, etc., which may be conducted outside. (Amended
12/4/91, 5/6/92, 07/07/93, 04/06/94, 04/05/06)
Secondary Variance. An appeal of a decision and/or action of a department director authorized to
hear a variance request or interpretation of the Zoning Ordinance. (Added 07/07/99)
Self-Storage/Mini. A single-level structure or group of structures containing separate spaces/stalls
and which are leased or rented to individuals for the storage of goods. (Added 7/7/99)
Self-Storage/Multi. A multi-level structure containing separate storage rooms/stalls under a single
roof that are leased or rented. (Added 7/7/99)
Senior housing. A single family or multi-family development intended for, operated for and
designed to accommodate residents 55 years of age and older. Senior housing communities are
designed for seniors to live on their own, but with the security and conveniences of community
living. Some provide communal dining rooms and planned recreational activities (congregate living
or retirement communities), while others provide housing with only minimal amenities or services.
(Added 04/05/06)
Service Commercial Use. A business whose primary purpose is to provide a service. (Added
06/04/03)
Service Line - a distribution line that transports natural gas from a common source of supply to: (1)
a customer meter or the connection to a customer’s piping, whichever is farther downstream, or (2)
MILTON ZONING ORDINANCE
RZ08-11 – Mayor and City Council Meeting November 17, 2008
3-28
Deleted: or deputy department director
Deleted: Resolution
the connection to a customer’s piping if there is no customer meter. The customer meter is the meter
that measures the transfer of gas from one operator to a customer.(Added 08/04/99)
Service Station. A use which provides for the sale of motor vehicle fuels and automotive
accessories, and which may provide minor repair and maintenance services. A service station shall
be limited to 4 or fewer bays excluding no more than one attached or detached bay for washing cars.
Setback. A space between a property line and a building or specified structure.
Setback, Minimum. The minimum yards as specified in the various use districts. A minimum
required space between a property line and a structure. An area identified by a building line.
Sidewalk. A paved area designated for pedestrians which is constructed in accordance with City
standards. (Added 03/03/04)
Deleted: Sign, Abandoned. Any sign
that is located on property which becomes
vacant and /or unoccupied, pertains to a
business which does not currently
conduct a business of valid business
licensing, or pertains to a product no
longer being sold on premises or pertains
to time, event or purpose which no
longer applies.(Added 09/01/99)¶
¶
Sign Animated. Any sign that uses
movement or change of lighting to depict
action or create a special effect or scene.
(Added 09/01/99)¶
¶
Sign Area. The sign area of a freestanding
sign shall be the combination of sign
faces enclosing the limits of all
representations measured from the
extreme lowest point of the sign to the
extreme highest point of the sign and
from the extreme left edge to the extreme
right edge of each sign face, including
any frame and excluding any support
structure. When sign representations are
not placed upon an independent surface,
the sign area shall be the area of the
smallest regular polygon completely
enclosing the limits of all representations
including any frame (painted or otherwise
as shown on Illustrations XXXIII-1 and
2), contrasting material or color
differentiation against which
representations may be placed. The sign
area calculation shall encompass all open
space within the polygon and any
internally illuminated portions of the sign
structure. ¶ ... [1]
Deleted: Fulton County
Deleted: ¶
Sign. Any name, identification,
description, display, illustration, writing,
emblem, pictorial representation or device
which is affixed to or represented directly
or indirectly upon a building, structure or
land in view of the general public, and
which directs attention to a product,
place, activity, person, institution or
business. ¶
¶
Site Plan. A detailed plan, drawn to scale, based on a certified boundary survey, and reflecting
conditions of zoning approval, various requirements of State law, and Zoning Ordinance and other
applicable ordinances.
Site Plan, Preliminary. A detailed plan, normally associated with rezoning and Use Permit requests,
which is drawn to scale and reflects the various requirements of State law and of City Ordinances.
A Preliminary Site Plan must be drawn to scale and shall contain information listed for such a plan
in the as prescribed by the Community Development Department.
Skywalk. An elevated, grade separated pedestrian walkway or bridge located over a public right-of
way.
Special Event. An event or happening organized by any person or organization which will generate
or invite considerable public participation and/or spectators for a particular and limited purpose of
time, including, but not limited to, special sales and service promotions, car shows, arts and crafts
shows, horse shows, carnivals, festivals, exhibitions, circuses, fairs, show houses and tours of homes
for charity. Special events are not limited to those events conducted on the public streets but may
occur entirely on private property. Special events may be for profit or nonprofit. Events which
will occur in the public right-of-way, such as roadway foot races, fundraising walks, bikeathons,
parades, etc. are subject to the approval of the City of Milton Police Department. (Added 04/05/06)
Specified Anatomical Areas. Less than completely and opaquely covered human genitals, pubic
regions, buttocks, or female breasts below a point immediately above the top of the areola; and
human male genitals in a discernibly turgid state, even if completely and opaquely covered. (Added
06/05/96)
MILTON ZONING ORDINANCE
RZ08-11 – Mayor and City Council Meeting November 17, 2008
3-29
Deleted: County
Deleted: s
Deleted: Resolution
Deleted: County Ordinances and
Deleted: Resolution
Deleted: Development Review Guide
Deleted: Fulton County
Specified Sexual Activities. Human genitals in a state of sexual stimulation or arousal; acts of
human masturbation, sexual intercourse or sodomy; fondling or other erotic touching of human
genitals, pubic regions, buttocks or female breasts. (Added 06/05/96)
Spill Light. The light that illuminates surfaces beyond the intended area of illumination caused by
the uncontrolled direct light component from the luminaires. (Added 02/01/06)
Stadium. A large open or enclosed structure used for sports and other major events and partly or
completely surrounded by tiers of seats for spectators. (Added 09/01/04)
Story. A portion of a building between the surface of any floor and the floor or space above it,
excluding basements and attics.
Story, Half. A heated and finished area below a roof, one or more of the vertical walls of which are
less than normal ceiling height for the building. (Amended 12/4/91)
Street. A roadway located and intended for vehicular or pedestrian traffic. Streets are public or they
may be private if specifically approved by the Department of Community Development as part of a
subdivision plat or approved through the privatization process. (Amended 11/03/93, 9/05/01)
Public streets are rights-of-way used for access owned and maintained by the federal, state,
or local government.
Private streets are roadways and parallel sidewalks similar to and having the same function
as a public street, providing vehicular and pedestrian access to more than one property, but
held in private ownership (as distinct from a driveway). Private streets are constructed to
City Standards but owned and maintained by a private entity. Necessary easements for
ingress and egress for police, fire, emergency vehicles and all operating utilities shall be
provided. Should the City ever be petitioned to assume ownership and maintenance of the
private streets prior to dedication of the streets, they must be brought to acceptable City
standards subject to the approval of the Director of Public Works.
Stub-out Street –A street having one end open to traffic and being temporarily terminated
at the other. Stub-outs generally do not have, but may be required to have, a temporary
vehicular turn-around. This temporary termination is to provide connectivity to future
developments and may be constructed without curb and gutter provided such stub-out
street meets the standards of the fire department.
Driveway - A vehicular access way in private ownership, other than a Private Street, which
provides access primarily to only one property or project, or to no more than 3 single-family
detached residences.
MILTON ZONING ORDINANCE
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3-30
Roadway - The paved or graveled portion of a street from back of curb to back of curb (or
edge of pavement to edge of pavement for streets not having curbs) but excluding driveway
aprons, bridges, and large single and multi-cell culverts which in a hydrologic sense can be
considered to function as a bridge.
Freeway - Any multi-lane roadway having full access control and separation of directional
traffic. A freeway accommodates large volumes of high speed traffic and provides efficient
movement of vehicular traffic for interstate and major through travel. (Added 04/03/02)
Principal Arterial - Any roadway that has partial or no access control and is primarily used
for fast or heavy traffic. Emphasis is placed on mobility rather than access to adjacent land.
(Added 04/03/02)
Minor Arterial - Any roadway that has partial or no access control and is primarily used for
interconnectivity of major arterials and places more emphasis on access to adjacent land over
mobility than principal arterials. (Added 04/03/02)
Collector Road - Any roadway that has partial or no access control and has more emphasis
on access to adjacent land over mobility than arterials. The primary purpose is to distribute
trips to and from the arterial system to their destination points and allow access to the local
roads. (Added 04/03/02)
Local Road - Any roadway that has no access control and places strong emphasis on access
to adjacent land over mobility while service to through traffic is discouraged. (Added
04/03/02)
Full Access Control - Preference is given to through traffic by providing access connections
only with selected public roads and by prohibiting crossing at grade and direct private
connections. (Added 04/03/02)
Partial Access Control - Preference is given to through traffic to a degree that in addition to
connection with selected public roads, there may be some crossing at grade and some private
connections. (Added 04/03/02)
No Access Control - Preference is generally given to access to adjacent land rather than
mobility. (Added 04/03/02)
Structure. Anything built or constructed which occupies a location on, or is attached, to the ground.
Driveways, surface parking lots, patios, and similar paved surfaces are not considered structures.
(Amended 04/05/06)
MILTON ZONING ORDINANCE
RZ08-11 – Mayor and City Council Meeting November 17, 2008
3-31
Deleted: Street. A roadway/right-of
way located and intended for vehicular
traffic. Streets may be public or they may
be private if specifically approved by the
Department of Environment and
Community Development as part of a
subdivision plat. (Amended 11/03/93,
9/05/01)¶
¶
Public streets are rights-of-way used for
access owned and maintained by the
federal, state, or local government.¶
¶
Section Break (Continuous)
Private streets are roadways constructed
to Fulton County Standards but owned
and maintained by a private entity.
Necessary easements for ingress and
egress for police, fire, emergency all
operating utilities shall be provided.
Should Fulton County ever be petitioned
to assume ownership and maintenance of
the private streets prior to dedication of
the streets, they must be brought to
acceptable Fulton County standards
subject to the approval of the Director of
Public Works.¶
¶
Stub streets are rights-of-way that dead
ends into an interior property line.¶
¶
Freeway - Any multi-lane roadway
having full access control and separation
of directional traffic. A freeway
accommodates large volumes of high
speed traffic and provides efficient
movement of vehicular traffic for
interstate and major through travel.
(Added 04/03/02)¶
¶
Principal Arterial - Any roadway that has
partial or no access control and is
primarily used for fast or heavy traffic.
Emphasis is placed on mobility rather
than access to adjacent land. (Added
04/03/02)¶
¶
Minor Arterial - Any roadway that has
partial or no access control and is
primarily used for interconnectivity of
major arterials and places more emphasis
on access to adjacent land over mobility
than principal arterials. (Added 04/03/02)¶
¶
Collector Road -Any roadway that has
partial or no access control and has more
emphasis on access to adjacent land over
mobility than arterials. The primary
purpose is to distribute trips to and from
the arterial system to their destination
points and allow access to the local roads.
(Added 04/03/02)¶ ... [2]
Structure, Accessory. A subordinate structure, customarily incidental to a principal structure or use
and located on the same lot. Examples of accessory structures in single-family dwelling districts
include outbuildings, such as, tool sheds, woodsheds, workshops, outdoor kitchens, pool houses,
gazebos, guest houses, storage sheds, detached garages and detached carports, etc. Fences and
retaining walls are not considered accessory structures. Driveways, surface parking lots, patios, and
similar paved surfaces are not considered accessory structures. (Amended 04/05/06)
Structure, Principal. A structure in which the principal use or purpose on a property occurs, and to
which all other structures on the property are subordinate. Principal shall be synonymous with main
and primary.
Subdivision. The division of land into two or more lots. A development consisting of subdivided
lots.
Surface, All-weather. Any surface treatment, including gravel, which is applied to and maintained
so as to prevent erosion, and to prevent vehicle wheels from making direct contact with soil, sod or
mud; and which effectively prevents the depositing of soil, sod or mud onto streets from areas
required to be so treated. (Added 7/5/89)
Swimming Pool, Private. A recreation facility designed and intended for water contact activities
which serves a single family dwelling(s), duplex dwellings and/or multi-family dwellings, or
combinations of dwelling types, including pools which are owned and/or controlled by a
neighborhood club or similar organization. (Added 7/5/89)
Swimming Pool, Public. A recreation facility designed and intended water contact activities which
is operated as a business or as a club unless such club is associated with a neighborhood club or
similar organization. (Added 7/5/89)
3.3.20. T
Tenant Panels. An on-premise sign panel(s) that list the name of tenants within a shopping center or
development which the primary sign identifies.(Added 09/01/99)
Thoroughfare, Major. Any street which is classified in the Transportation Element of the
Comprehensive Plan as either a freeway, an arterial or a major collector.
Thoroughfare, Minor. Any street which is classified in the Transportation Element of the
Comprehensive Plan as a minor collector or local street.
Deleted: Thoroughfare, Major. Any
street which is classified in the
Transportation Element of the
Comprehensive Plan as either a freeway,
an arterial or a major collector.¶
¶
Section Break (Continuous)
Thoroughfare, Minor. Any street which is
classified in the Transportation Element
of the Comprehensive Plan as a minor
collector or local street.¶
MILTON ZONING ORDINANCE
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3-32
Tower. Any structure that is designed and constructed primarily for the purpose of supporting one
or more antennas, including self-supporting lattice towers, guyed towers and monopoles but not
Alternative Antenna Support Structures. The term includes radio and television transmission towers,
microwave towers, common carrier towers, cellular telephone towers and the like excluding amateur
radio antenna. (Added 3/5/97)
Transfer station. A facility used to transfer solid waste from one transportation vehicle to another
for transportation to a disposal facility or processing operation. (Added 10/02/02)
Transmission Line -a pipeline other than a gathering line that (1) transports fuel oil/liquid
petroleum product from a gathering line or storage facility (tank farm) to a distribution center or
storage facility (tank farm) and/or (2) transports fuel oil/liquid petroleum product within a storage
field.(Added 08/04/99)
Trespass Light. The off site spill light that illuminates beyond the property boundaries in which the
light fixture is installed, where it is neither wanted nor needed. (Added 02/01/06)
Truck Terminal. A primary use of property where trucks/trailers are either temporarily stored,
maintained or based. Trucks/trailers shall have current registration and license plates with decal.
(Permitted M-2 Heavy Industrial District) (Amended 2/7/96).
3.3.21. U
Use. The purpose or function arranged or intended for a structure or property.
Use, Accessory. A subordinate use which is customarily incidental to the principal use of a lot, and
which is located on the same lot as a principal use.
Use, Principal. The primary or main purpose or function of a lot or structure. Synonymous with
Main and Primary.
Use Permit. A permit approved by the Council, pursuant to a public hearing, which authorizes a use
which must meet certain standards which exceed the requirements of the district as-a-whole.
3.3.22. V
Variance, Primary. An application requesting relief from the standards of the Zoning Ordinance,
except relief from use, minimum lot area, or minimum lot frontage. (Added 06/02/99)
Variance, Secondary. An appeal of a decision and/or action of a department director authorized to
hear a variance request or interpretation of the Zoning Ordinance.(Added 06/02/99)
MILTON ZONING ORDINANCE
RZ08-11 – Mayor and City Council Meeting November 17, 2008
3-33
Deleted: Board of Commissioners
Deleted: Resolution
Deleted: or deputy department director
Deleted: Resolution
Vegetative Screen. An evergreen planting which, within three years of planting, provides a 100
percent visual barrier between a lot and adjacent lots and uses with a minimum height of 6 feet. A
vegetative screen is composed of plant materials. (Added 12/4/91)
Vehicle, Junk or Salvage. Any automobile, truck or other vehicle which is missing one of the
following: 1) current registration, 2) license plate with current decal, 3) proof of liability insurance,
4) drive train component for more than 30 days. (Amended 3/6/91)
Veterinary Clinic/Hospital. A place where animals are given medical care and the boarding of
animals is limited to short-term care incidental to the hospital use. (Added 7/7/99)
3.3.23. W
Waste. Materials that are discarded, disposed of or no longer usable.
Waste Disposal Boundary. The limit of all waste disposal areas, appurtenances, and ancillary
activities (including but not limited to internal access roads and drainage control devices). (Added
04/03/02)
Waste, Hazardous. See Georgia Department of Natural Resources definition.
Waste, Solid. See Georgia Department of Natural Resources definition.
3.3.24. X
3.3.25. Y
Yard. A land area extending between a structure and a lot line. (Amended 04/03/02)
Yard, Front. A yard abutting any street except the side street on a corner lot. Front yards extend the
entire length of an abutting street from intersecting lot line to intersecting lot line. The front yard of
corner lots shall be applied to the street which abuts the lot for the shortest distance. (Amended
04/03/02)
Yard, Minimum. The minimum distance between a building or specified structure and a lot line as
specified in the district regulations.
Yard, Rear. The rear yard is the minimum required distance between the rear lot line and a structure.
True triangular lots do not have rear yards. Lots with more than one front lot line do not have rear
MILTON ZONING ORDINANCE
RZ08-11 – Mayor and City Council Meeting November 17, 2008
3-34
yards. The Director of Community Development or his/her designee shall make the final
determination of rear yards when in dispute or undefined by this definition. (Amended 04/03/02)
Yard, Side. A yard which is not a front or rear yard.
3.3.26. Z
Zoning Conditions. Requirements placed on property by the Council at the time of approval of a
rezoning and/or use permit.(Added 06/02/99)
Zoning Modification. An application to change approved zoning conditions on rezonings and use
permits where it has been determined by the Director of Community Development that the
requested change involves a matter of significant public interest. (Added 06/02/99)
MILTON ZONING ORDINANCE
RZ08-11 – Mayor and City Council Meeting November 17, 2008
3-35
Deleted: the Department of
Environment and
Deleted: Board of Commissioners
Deleted: the Environment and
Deleted: Department
Page 29: [1] Deleted robyn.macdonald 10/21/2008 12:12:00 PM
Sign, Abandoned. Any sign that is located on property which becomes vacant and /or unoccupied,
pertains to a business which does not currently conduct a business of valid business licensing, or
pertains to a product no longer being sold on premises or pertains to time, event or purpose which
no longer applies.(Added 09/01/99)
Sign Animated. Any sign that uses movement or change of lighting to depict action or create a
special effect or scene. (Added 09/01/99)
Sign Area. The sign area of a freestanding sign shall be the combination of sign faces enclosing the
limits of all representations measured from the extreme lowest point of the sign to the extreme
highest point of the sign and from the extreme left edge to the extreme right edge of each sign face,
including any frame and excluding any support structure. When sign representations are not placed
upon an independent surface, the sign area shall be the area of the smallest regular polygon
completely enclosing the limits of all representations including any frame (painted or otherwise as
shown on Illustrations XXXIII-1 and 2), contrasting material or color differentiation against which
representations may be placed. The sign area calculation shall encompass all open space within the
polygon and any internally illuminated portions of the sign structure.
The message area of an identification monument sign shall be delineated by a polygon touching the
extremities of all representations thereon as shown on Illustration XXXIII-3. For V-shaped signs,
the sign area shall be composed of the total area of both faces if the faces meet at an angle of 90
degrees or more, or the total area of the larger face if less than 90 degrees. The area of signs with
more than two faces shall be one half of the sum of the area of all faces. (Revised 09/01/99)
Sign, Candidate. A sign used for the purpose of soliciting votes for a public office or legislation.
(Added 09/01/99)
Sign, Canopy. Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or
structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not
a canopy.(Added 09/01/99)
Sign, Changeable Copy (Electronic). Any sign that uses changing lights to form a sign message or
messages wherein the sequence of messages and the rate of change is electronically programmed and
can be modified by electronic processes. (Added 09/01/99)
Sign, Changeable Copy ( Manual). Any sign that has a reader board format serving as background
for letters/messages that are manually changeable. (Added 09/01/99)
Sign, Freestanding. Any sign supported by structures or supports that are placed on, or anchored in,
the ground and that are independent from any building or other structure, but not including
monument type signs.(Added 09/01/99)
Sign Height. See Height, Sign.
Section Break (Continuous)
Sign, Identification Monument. A sign where the bottom of the sign structure is flush with the
ground generally at the same horizontal width as the sign face, as distinguished from a pole sign.
Identification monuments are permitted in lieu of other free-standing business signage allowed
herein or in conjunction with a residential development and the sign face shall be a continuous
polygon flush with the base of the sign and sign copy shall be limited to the name of the
development, tenant names, logo and address of the development or business.(Revised 09/01/99)
Sign, Illumination of. See Illumination.
Sign, Kiosk. A sign consisting of a list of names of businesses located on a property or in a
building.(Revised 09/01/99)
Sign, Portable. Any sign not permanently attached to the ground or other permanent structure, or a
sign designed to be transported, including, but not limited to, signs designed to be transported by
means of wheels; signs converted to A- or T- frames; menu and sandwich board signs; balloons used
as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and
visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations
of the business.(Added 09/01/99)
Sign, Projecting. Any sign affixed to a building or wall in such a manner that its leading edge
extends more than six inches beyond the surface of such building or wall.(Added 09/01/99)
Sign, Roof. Any sign erected and constructed wholly on and over the roof of a building, supported
by the roof structure, and extending vertically above the highest portion of the roof.(Added
09/01/99)
Sign, Temporary. Any sign that is used only temporarily and is not permanently mounted. (Added
09/01/99)
Sign, Vehicle. A vehicle with sign(s) permanently painted, attached or magnetically designed to be
affixed to a vehicle for the purpose of providing advertisements of products, services or events or
directing people to a business or activity. Trailers or non-motorized vehicles are not to be classified
as vehicles with signs.(Added 09/01/99)
Sign, Wall. Any sign attached parallel to, but within two feet of, a wall, painted on the wall surface,
or erected and confined within the limits of an outside wall of any building or structure, which is
supported by such wall or building and which displays only one sign surface.(Added 09/01/99)
Sign, Wall (Entry). Any single faced sign attached to or erected and confined within the limits of an
exterior wall generally located along the perimeter of a development.(Added 09/01/99)
Section Break (Continuous)Sign, Window. Any temporarily affixed sign of pictures, symbol, or combination thereof, designed
to communicate information about an activity, business, commodity, event, sale, or service, that is
displayed within one foot of a window, attached inside a window or placed upon a window
(including windows on doors) and is visible from the exterior of the window.(Added 09/01/99)
Sign, Weekend Directional. Real estate signs for the purpose of marketing and providing directions
to residential developments. (Amended 04/03/02)
Page 31: [2] Deleted robyn.macdonald 10/21/2008 4:26:00 PM
Street. A roadway/right-of-way located and intended for vehicular traffic. Streets may be public or
they may be private if specifically approved by the Department of Environment and Community
Development as part of a subdivision plat. (Amended 11/03/93, 9/05/01)
Public streets are rights-of-way used for access owned and maintained by the federal, state,
or local government.
Section Break (Next Page)
Private streets are roadways constructed to Fulton County Standards but owned and
maintained by a private entity. Necessary easements for ingress and egress for
police, fire, emergency all operating utilities shall be provided. Should Fulton
County ever be petitioned to assume ownership and maintenance of the private
streets prior to dedication of the streets, they must be brought to acceptable Fulton
County standards subject to the approval of the Director of Public Works.
Stub streets are rights-of-way that dead ends into an interior property line.
Freeway -Any multi-lane roadway having full access control and separation of
directional traffic. A freeway accommodates large volumes of high speed traffic and
provides efficient movement of vehicular traffic for interstate and major through
travel. (Added 04/03/02)
Principal Arterial - Any roadway that has partial or no access control and is primarily
used for fast or heavy traffic. Emphasis is placed on mobility rather than access to
adjacent land. (Added 04/03/02)
Minor Arterial - Any roadway that has partial or no access control and is primarily
used for interconnectivity of major arterials and places more emphasis on access to
adjacent land over mobility than principal arterials. (Added 04/03/02)
Collector Road - Any roadway that has partial or no access control and has more
emphasis on access to adjacent land over mobility than arterials. The primary
purpose is to distribute trips to and from the arterial system to their destination points
and allow access to the local roads. (Added 04/03/02)
Local Road - Any roadway that has no access control and places strong emphasis on
access to adjacent land over mobility while service to through traffic is discouraged.
(Added 04/03/02)
Full Access Control - Preference is given to through traffic by providing access
connections only with selected public roads and by prohibiting crossing at grade and
direct private connections. (Added 04/03/02)
Partial Access Control - Preference is given to through traffic to a degree that in
addition to connection with selected public roads, there may be some crossing at
grade and some private connections. (Added 04/03/02)
No Access Control - Preference is generally given to access to adjacent land rather
than mobility. (Added 04/03/02)
_________________________________
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. 08-____
A RESOLUTION AMENDING RESOLUTION NO. 08-10-46, A RESOLUTION TO
CREATING THE MILTON GROWS GREEN COMMITTEE
AND ITS GOVERNING BOARD AND FOR OTHER DESIGNATED PURPOSES AND
ADDING A MGG COMMITTEE GOVERNING BOARD MEMBER
BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on
the _____ day of November, 2008 at 6:00 p.m. as follows:
WHEREAS, the City of Milton would like to promote and encourage environmental
responsibility and the efficient use and conservation of natural resources by citizens and
organizations having activities in the City of Milton; and
WHEREAS, MGG governance shall be provided by the Committee’s Governing Board
comprised of thirteen members with one from each Council district of the community, which
shall initially be appointed by majority vote of the City Council, each having experience,
knowledge and/or expertise with environmental and/or conservation issues; and
WHEREAS, after initial appointment of the MGG Committee’s Governing Board, and any new
appointments shall be approved by the City Council based on the recommendation by the
Governing Board; and
WHEREAS, _______________ representing District 6 is hereby appointed to the MGG
Committee’s Governing Board; and,
RESOLVED this _______ day of November 2008.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
Jeanette R. Marchiafava, City Clerk
(Seal)
RESOLUTION NO. O8-11-_____
STATE OF GEORGIA
FULTON COUNTY
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF MILTON, GEORGIA IN SUPPORT OF THE NOVEMBER 4, 2008
ATLANTA-FULTON PUBLIC LIBRARY SYSTEM BOND REFERENDUM\
BE IT RESOLVED by the City Council of the City of Milton, GA while in regular
session on the ____ day of November, 2008 at 6:00 p.m. as follows:
WHEREAS, on November 4, 2008 the voters of Fulton County, including the City of
Milton, will have the opportunity to vote for or against a $275,000,000 bond
referendum for capital improvements to the Atlanta-Fulton Public Library System
including the costs of acquisition, design, construction, and equipping of new library
facilities and renovation and expansion of existing facilities; and
WHEREAS, one of the projects included in the capital improvements is a new branch
library to be located within the City of Milton; and
WHEREAS, the City of Milton currently does not have a library located within its city
limits; and
WHEREAS, the current libraries available for use by the residents of Milton are vastly
undersized and underfunded given the usage and demand; and
WHEREAS, the bond referendum includes the construction and equipping of a new
Central Library facility upon the condition that sufficient additional funds are raised
from private sources to cover approximately fifty percent (50%) of the anticipated
costs of the Central Library facility; and
WHEREAS, the Mayor and City Council have determined that it is in the best interest
of the City that the bond referendum be approved;
NOW, THEREFORE, the Mayor and City Council hereby urge the citizens of Milton
to vote in favor of the Atlanta-Fulton Public Library System bond referendum on
November 4, 2008.
SO RESOLVED this _____ day of November, 2008
SIGNATURES ON FOLLOWING PAGE
CITY OF MILTON, GEORGIA
BY: ____________________________
Mayor Joe Lockwood
_____________________________ _____________________________
Councilmember Karen Thurman Councilmember Tina D’Aversa
_____________________________ _____________________________
Councilmember Julie Zahner Bailey Councilmember Burt Hewitt
_____________________________ ____________________________
Councilmember Bill Lusk Councilmember Alan Tart
Attest:
______________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
Page 2 of 2
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Jeanette Marchiafava, City Clerk and Clerk of the Court
Date:September 23, 2008 for October 6, 2008 City Council Meeting
Agenda Item: Approval of a Resolution in Support of Legislation to Amend Article III, Section
VI, Paragraph VI, of the Constitution of Georgia and O.C.G.A. 15-21-92 in the 2009 Session of
the Georgia Assembly.
CMO (City Manager’s Office) Recommendation:
Approve the attached Resolution in Support of Legislation to Amend Article III, Section VI,
Paragraph VI, of the Constitution of Georgia and O.C.G.A. 15-21-92 in the 2009 Session of the
Georgia Assembly.
Background:
At the last North Fulton Municipal Association (NFMA) Meeting, Mayor Jere Wood, City of
Roswel1, discussed their City’s recent passing of this resolution. The resolution provides
support for an amendment to the State Constitution and O.C.G.A. 15-21-92, entitled Courts,
Payment and Disposition of Fines and Forfeitures, Jail Construction and Staffing. Currently this
legislation provides the ability for courts from all jurisdictions (including municipal courts) to
support county owned facilities for the housing of prisoners. Specifically, courts are allowed to
add a ten percent (10%) fee to charges which are dedicated to the costs associated with
constructing, operating, and staffing county owned detention facilities.
The City’s goal through new legislation would be to continue to allow courts from all
jurisdictions to charge the additional ten percent (10%) fee currently provided for in this code
section; however, it is our intent to add verbiage which allows municipalities who own and
operate detention facilities the ability to retain the fee collected versus submitting the revenue
collected to a County. With that change, the City would be able to collect this revenue above the
base fee structure and dedicate that revenue to offset the cost of housing inmates. Additionally,
our proposed legislation would include language that would allow the fee to be used to offset
costs associated with the construction, operation, and staffing of a municipal court. With this
change, the users of the court system would partially assist in paying for services received.
Alternatives: N/A
Concurrent Review: Chris Lagerbloom, Acting City Manager
Ken Jarrard,City Attorney
RESOLUTION NO. O8-10-_____
STATE OF GEORGIA
FULTON COUNTY
A RESOLUTION IN SUPPORT OF LEGISLATION TO AMEND ARTICLE III,
SECTION IX, PARAGRAPH VI OF THE CONSTITUTION OF GEORGIA
AND OCGA 15-21-92 IN THE 2009 SESSION OF THE GEORGIA ASSEMBLY
BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on
the ____ day of October, 2008 at 6:00 p.m. as follows:
WHEREAS, the City of Milton, Georgia is a Georgia municipal corporation; and
WHEREAS, the Mayor and Council are the governing authority of the City; and
WHEREAS, Mayor and Council are charged with the protection of the health, safety, and
welfare of the citizens of Milton; and
WHEREAS, Mayor and Council have reviewed Article 3, Section 9, Paragraph 6 of the
Constitution of the State of Georgia and O.C.G.A. 15-21-92 et seq. which provides a mechanism
for funding for county owned and operated detention and jail facilities; and
WHEREAS, the Mayor and Council believe that municipalities who own and operate detention
and jail facilities should be able to retain the revenue allowed to be collected under the
Constitution and O.C.G.A. 15-21-92 et seq. to offset costs incurred by the municipality; and
WHEREAS, Mayor and Council believe that this revenue should also be allowed to offset the
costs to construct, operate and staff the municipal court:
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Milton,
Georgia, and it is hereby resolved by the authority of same, that the Mayor and Council of the
City of Milton hereby request legislation be introduced in the 2009 Session which calls for
legislation, and if needed, a referendum to amend Article 3, Section 9, Paragraph 6 of the
Constitution of the State of Georgia and amends O.C.G.A. 15-21-92 et seq. allowing
municipalities to retain the revenue allowed to be collected under this statute to offset the costs
incurred by the municipality for housing prisoners, and to allow such revenue to offset the costs
of constructing, operating, and staffing the municipal court.
Let a copy of this Resolution be forwarded to all state legislators serving the City of Milton.
The above resolution was read and approved by the Mayor and Council of the City of Milton,
Georgia on the _______ day of October, 2008.
SIGNATURES ON FOLLOWING PAGE
CITY OF MILTON, GEORGIA
BY: ____________________________
Mayor Joe Lockwood
_____________________________ _____________________________
Councilmember Karen Thurman Councilmember Tina D’Aversa
_____________________________ _____________________________
Councilmember Julie Zahner Bailey Councilmember Burt Hewitt
_____________________________ ____________________________
Councilmember Bill Lusk Councilmember Alan Tart
Attest:
______________________________
Jeanette R. Marchiafava, City Clerk
2
August 25,2008
Billy Beckett, City Manager
City of Milton
13000 Deefield Parkway, Building 100, Suite 107
Milton, GA 30004
RE: North Fulton Municipal Association Meeting
OCGA 15-21 -92
Dear Mr. Beckett,
At the last North Fulton Municipal Association (NFMA) meeting, it is my
understanding that Mayor Jere Wood discussed the City's recent passing of a
resolution (attached). The resolution mentioned outlines Roswell's position on
O.C.G.A. 15-21-92, and requests our local delegation consider legislation in the
2009 session which would change requirements in the current state law
regarding the use of collected funds in the municipal court.
We would request that each of the City's in north Fulton review this code section
and determine their position on this speck state legislation. In the event you
share Roswell's position, we would encourage you to pass a resolution similar to
the one passed by the Roswell Mayor and Council.
Please do not hesitate to contact me should you have any questions or desire
further information.
Aaron J. ovos
Deputy City Administrator
CC: Kay Love, City Administrator
Resolution No. 2008-08-31
! STATE OF GEORGIA
CITY OF ROSTVELL August 18,2008
A RE23OLUTION IN SUPPORT OF LEGJSLATION
TO ARTEND ARTICLE In,SECTION IX, PARAGRAPH VI
OF THE COSSTTTUTION OF GEORGL4
AND OCGA 15-21-92 ISTHE:
2009 SESSION OF THE GEORGIA ASSEMBLY
WHEREAS, the City of Roswell, Georgia is a Georgia municipaI corporation; andv
WElEREAS, the Mayor d Council are the governing authority of the City; and
WHEREAS, Mayor and Council are charged with the protection of the health, safety and
welfare of the citizens of Rowell; and
1
WHEFEAS, Mayor anct Council have reviewed Article 3, Section 9, Paragraph 6 of the
Constitution of the State of Georgia and O.C.G.A. 15-21-92 et seq. which provides a mechanism
for funding for county owned and operated detention and jail facilities;and
J WRENAS, the Mayor and Council believe that municipalities who own and operate
detention and jail facilities should be abIe to retain the revenue allowed to be collected under the
Constitution and 0.C.G.A. 15-21-92 et seq. to offset costs incurred by the municipality-, and
WHEREAS, Mayor and Council believe that this revenue should also be allowed to
oEset the costs to conshuct, operate ancE staff the municipal court:
NOW, THEREFORE,BE IT RESOLVED by the Mayor and Council of the City of
Roswell, Georgia, and it is hereby resolved by the authority of same, that the Mayor md Council
of the City of RoswelI hereby request legislation be introduced in the 2009 Session which calls
for legislation, and if needed, a referendum to amend Article 3, Section 9, Paragraph 6 of the
Constitution of the State of Georgia and amends O.C.G.A.15-21-92 et seq. allowing
municipalities to retain the revenue allowed to be collected under this statute to offset the costs
incurred by the municipality for housing prisoners, and to allow such revenue to offset the costs
of constructing, operating, and staffing the municipal court.
Let a copy of this Resolution be forwarded to all state legislators serving the City of
Roswell.
I The above resolutiog s read and ap roved by the Mayor and Council of the City of
I Roswell, Georgia on the 73 day of 71-f-,2008.
L
SIGNATURES ON 'FOLLOWING PAGE
i
I
Reselution No. 2008-08-31
Councilmember kc'b&d Dippolito
Councilmember David Tolle<on ~ounche& Lori Henry -)
STATE OF GEORGIA RESOLUTION NO._____
COUNTY OF FULTON
A RESOLUTION ESTABLISHING THE POLICY IN MILTON CONCERNING THE
STANDARDIZATION OF STRUCTURE AND OTHER ATTRIBUTES OF BOARDS,
COMMISSIONS AND COMMITTEES
The Council of the City of Milton hereby resolves while in regular session on the ______ day
of November, 2008 at 6:00 pm.:
WHEREAS, the Mayor and Council constitute the governing authority of the City of Milton;
WHEREAS, the official Charter for the City of Milton provides that the Mayor and Council are
authorized to create boards, commissions, and authorities;
WHEREAS, in addition to the creation of boards, commissions and authorities, from time to
time the City Council has determined that the creation and/or recognition of both sanctioned and
non-sanctioned citizen Committees is in the best interests of the citizens of Milton;
WHEREAS, the Committees created by the Council serve in advisory and recommendatory
roles;
WHEREAS, due to the number of Committees requesting recognition by the Council, and in
order to distinguish such Committees from duly adopted Boards and Commissions, the Council
believes it prudent to establish standards and guidelines for the general structure and other
attributes of Boards, Commissions, and Committees, in a manner not inconsistent with the City
Charter or other pertinent laws, regulations or ordinances;
WHEREAS, it is the intent of the Council that establishing such standards and guidelines will
ensure consistency and equality among the various sanctioned and non-sanctioned Committees,
and ensure that all groups seeking recognition by the City are treated fairly and impartially; and,
WHEREAS, attached to this Resolution as Exhibit “A” is a spreadsheet establishing the general
structure, composition, terms, access to City resources, and other like criteria for Milton Boards,
Commissions and Committees. Exhibit “A” is incorporated into this Resolution as if set forth
verbatim herein.
NOW THEREFORE BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF
MILTON, GEORGIA, AND IT IS HEREBY RESOLVED BY THE AUTHORITY OF
SAID CITY COUNCIL.
That Exhibit “A” is hereby adopted by the Council as those standards and guidelines governing
Boards, Commissions, and Committees in the City of Milton. To the extent any provision in
______________________________
Exhibit “A” conflicts with the City Charter, or any pertinent law, regulation, or ordinance, it is
the intent of the Council that the Charter or such laws, regulations, or ordinances shall control.
RESOLVED this ______ day of November, 2008.
Approved:
_______________________
Joe Lockwood, Mayor
Attest:
Jeanette R. Marchiafava, City Clerk.
(Seal)