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HomeMy WebLinkAboutORDINANCE NO. 08-04-07STATE OF GEORGIA COUNTY OF FULTON ORDINANCE 08-04-07 AN ORDINANCE TO AMEND ARTICLE 3.3.3 DEFINITION OF "LANDSCAPING BUSINESS" 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 April 28, 2008 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relates to Amending Article 3.3.3, Definition of "Landscaping Business" 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 All ordinances, parts of ordinances, or regulations in conflict herewith are repealed.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 28th day of April, 2008 Attest: a '�. pvoka,` e ette Marchiafava, City Clerk P" Joe Lock ood, Mayor City of Milton Zoning Ordinance 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 Department of Environment and 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/l/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. Landfill, Inert Waste DisposalA 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) Now Landfill, Solid Waste Disposal A disposal facility accepting solid waste excluding hazardous waste disposed of by placing an earth cover thereon. Solid waste includes ift" 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 resolution 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 ON" development with at least one large scale retail structure but no more than four such structures whether freestanding or combined. (Added 04/05/06) City of Milton Zoning Ordinance 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 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 Development Services 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 the Department of City of Milton Zoning Ordinance Environment and 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. 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)