HomeMy WebLinkAboutORDINANCE NO. 08-06-100
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE 08-06-10
AN ORDINANCE TO AMEND ARTICLE 12G, STATE ROUTE 9 OVERLAY DISTRICT 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 June 16, 2008 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance relates to Amending Article 12G (RZ08-03), in regards
to the powers of the City of Milton Design Review Board 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repealed.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 16th day of June, 2008 ()X/
Jo L od, Mayor
Attest:
7�� A - &U,
ette Marchiafava, City Clerrk�
ADOPTED BY THE MILTON CITY COUNCIL DECEMBER 21, 2006
AMENDED APRIL 19, 2007
AMENDED OCTOBER 18, 2007
AMENDED APRIL 28, 2008
AMENDED JUNE 16, 2008
ARTICLE XII -G
State Route 9 Overlay District
12G.1. PURPOSE AND INTENT. The Mayor and City Council of the City of Milton,
Georgia hereby declares it to be the purpose and intent of this Ordinance to
establish a uniform procedure for providing for the protection, enhancement,
preservation, unity of design, and use of places, sites, buildings, structures,
streets, neighborhoods, and landscape features in the State Route 9 Overlay
District in accordance with the provisions herein.
This Ordinance is adopted as part of a strategy designed to promote the health, safety,
order, prosperity, and general welfare of the citizens of Milton through the regulation
of design, aesthetics, location, bulk, size of buildings and structures, and the density
and distribution of population.
This Ordinance also seeks to reduce congestion on the streets; to provide safety from
fire, flood and other dangers; provide adequate light and open space;
,,... protect the natural environment and address other public requirements, in order
to provide sustainable development that involves the simultaneous pursuit of
boo economic prosperity, environmental protection and social quality.
This Ordinance also seeks, among other things, to promote accepted design
principles in areas of new development and redevelopment, to raise the level of
community understanding and expectation for quality in the built environment,
to protect and enhance local aesthetic and functional qualities, and to stimulate
business and promote economic development.
In consideration of the character of the State Route 9 District, these regulations
are to monitor the suitability for certain uses, construction and design, prevent
functional and visual disunity, promote desirable conditions for community and
commerce and protect property against blight and depreciation.
12G.2. STATE ROUTE 9 OVERLAY DISTRICT REGULATIONS, The State
Route 9 Overlay District applies to all properties (except single family detached
dwelling units) within the area delineated on the attached map: State Route 9 Zoning
Overlay District, September 4, 2003. The State Route 9 Overlay District also applies
to those properties annexed into the City of Milton within the area delineated on the
attached map.
Within the State Route 9 Overlay District, land and structures shall be used in
accordance with the standards of the underlying district.
MILTON ZONING ORDINANCE
Page 1 of 13
12G.3.
12G.4.
12GA
12G.4.
Whenever provisions of this Article conflict with any other Article in the Zoning
Ordinance of the City of Milton or any other City ordinances, regulations, or
Ordinances, the standards set forth in this Article XII -G shall prevail.
DESIGN REVIEW BOARD
The City of Milton Design Review Board (Article XII -H) as set forth in Section
12.11.2 of the Ordinance, shall review for approval all plans for development (except
for single family detached dwelling units) in the State Route 9 Overlay District for
compliance with the standards herein prior to the approval of a Land Disturbance
Permit, Building Permit and Demolition Permits for both residential and non-
residential structures. The Design Review Board shall only make recommendations to
the Board of Zoning Appeals for Primary Variances.
DEVELOPMENT STANDARDS.
A.
Landscaping
A minimum 20 -foot wide landscape strip along the following roads
when Article 4 of the Zoning Ordinance specifies a smaller landscape
strip:
State Route 9, Windward Parkway, Deerfield Parkway, Cogburn
Road, Webb Road, Morris Road, and Bethany Bend Road
2. A minimum 10 -foot wide landscape strip along any interior property
line adjacent to a nonresidential zoning and/or use.
3. For each thirty (30) linear feet of landscape strip, a minimum of
one 3" caliper hardwood shade tree is required to be planted in
the center of the landscape strip or as approved by the Director.
Undisturbed Buffers (Added 4/28/08)
1. For sites on four acres or less, a fifty (50) foot -wide undisturbed buffer,
with a 10 -foot improvement setback, shall be located adjacent to all
AG -1 zoning districts and all property zoned, used or developed for
residential uses.
2. For sites on more than four acres, a seventy-five (75) foot -wide
undisturbed buffer, with a 10 -foot improvement setback, shall be
located adjacent to all AG -1 zoning districts and all property zoned,
used, or developed for residential uses.
3. To make buffers seem natural, an equal mix of three species from the
"Acceptable Evergreen Plan Material for City of Milton Undisturbed
Buffers" shall be used.
MILTON ZONING ORDINANCE
Page 2of13
12G.4. C. Screening and Fencing
1. If visible from a public right-of-way or adjacent residential use,
rear or side parking and loading areas shall be screened from
view by one of the following methods: placement behind the
building, 100% opaque fencing, a berm, or vegetative screen
planted to buffer standards. Side parking on a corner lot facing a
side street does not need to be screened.
2. Where a parking lot, parking structure or gas fueling bay fronts
directly on a public street, a continuous screen of evergreen
plantings shall be provided. Said screen shall be 3 feet in height
at planting and 4 feet minimum height at maturity and 3 feet to 8
feet in width at maturity.
3. Retaining walls shall be faced with or constructed of stone, brick,
or decorative concrete modular block only. If any retaining wall
equals or exceeds three feet in height, a continuous evergreen
planting shall be required adjacent to it.
4. Refuse areas and receptacles shall be placed in the least visible
location from public streets and shall be enclosed on 3 sides with
opaque walls. The 4th side shall be a self-closing gate made from
non-combustible materials. Opaque walls shall be a minimum of
12 inches higher than the receptacle. Wall materials shall be
noncombustible brick or stone. Refuse receptacles shall not be
placed within 50 feet of an existing residential or AG -1
(Agricultural) property line.
5. Accessory site features located on the ground shall be screened
from view from any public right-of-way or any residential use by
one or a combination of the following: placement behind the
building, 100% opaque fencing, a berm, or vegetative screen
planted to buffer standards. Where walls or fences are used in
lieu of planted screens, landscape materials shall be incorporated
into the screening scheme.
6. Accessory site features are prohibited in the front yard or in any yard
adjacent to a street.
7. Accessory site features on a roof shall be screened from the view
of public and private streets by a parapet or other architectural
feature or as approved by the
Community Development Director. No parapet shall be required to be
POM greater than 4 feet above roof.
61"
MILTON ZONING ORDINANCE
Page 3 of 13
8. Flat roofs shall be screened from the view of public and private
streets by a parapet. No parapet shall be required to be greater
than 4 feet above roof.
9. Along public streets, fencing materials shall be natural or manmade
stone, brick, aluminum, ornamental or decorative wrought iron,
architectural concrete, or wood. Unpainted pressure treated wood is
prohibited.
10. Fences adjacent to a public street shall not exceed 55 inches in
height measured from finished grade.
11. Chain link fencing may be used along golf courses, play fields,
and other recreational areas. All chain link fencing shall be black
or hunter green vinyl coated. Exception: Chain link fencing
shall not be allowed if fencing can be seen during any month of
the year from the following streets: Windward Parkway,
Deerfield Parkway, Cogburn Road, State Route 9, Webb Road,
Morris Road, and Bethany Bend Road.
12. When required, fencing material around detention/retention
facilities shall be black or hunter green vinyl coated chain link
fence or as approved by the Director.
13. Painted chain link fences are prohibited.
12G.4. D. Pedestrian Paths
1. Sidewalks are required along all public and private road frontages
and shall be a minimum of 6 feet wide.
2. Sidewalks, multi -use paths and other pedestrian paths shall be
illustrated on the site plan submitted at the time of application for
a Land Disturbance Permit
3. Sidewalks shall be allowed to meander as topography permits
subject to the approval of the Director of the
Community Development Department.
4. Multi -use paths for bicycles and pedestrians may be substituted
for the required sidewalks as approved by the Director of
Community Development and the Manager of
Community Services when the path is part of the Milton Bicycle and
Pedestrian Plan.
5. Multi -use paths designed for use by bicyclists and pedestrians
shall be 12 feet wide.
77
MILTON ZONING ORDINANCE
Page 4 of 13
6. Multi -use paths designed with separate paths for bicyclists and
pedestrians shall be 15 feet wide, 10 feet for bicycles and 5 feet
for pedestrians.
7. Sidewalk connector paths shall be constructed across the entire
how length of all concrete aprons and shall be textured to match the
appearance of sidewalk materials, in color, texture and design.
Sidewalk connector paths shall comply with all applicable
standards of the Americans with Disabilities Act (ADA).
Internal walkways (paths) are required from the public sidewalk
to the main entrance of the principle use of the property and shall
meet applicable Americans with Disabilities Act (ADA)
standards.
9. If provided, street furniture shall be located outside the specified
width of any pedestrian path.
10. Paths shall be designed to minimize direct auto -pedestrian
interaction.
11. Intra -parcel walkways crossing parking lots shall be distinguished
from parking lots by the use of colors, texture (use of different
materials), difference in rise above the parking lot or a
combination of these methods, to minimize auto -pedestrian
conflict.
12. Sidewalks shall be connected to applicable signalized crosswalks
and with bus stops.
13. Paths shall be direct and convenient routes between points of
origin (such as a bus stop) and destination (such as a shop, bank, etc).
14. The lighting plan for pedestrian paths shall be included on the site
plan submitted at the time of application for a Land Disturbance
Permit. Pedestrian lighting shall also be shown on the
landscaping plan so that future mature growth vegetation does not
conflict with proposed lighting.
15. Pedestrian connectivity between residential and nonresidential
developments is required.
12G.4. E. Lighting
1. A lighting plan for open parking lots and pedestrian paths shall be
submitted for approval prior to the issuance of a Land Disturbance
"` Permit.
i`.+
MILTON ZONING ORDINANCE
Page 5 of 13
2. Any lighting fixture shall be a cutoff luminary whose source is
completely concealed with an opaque housing. Fixtures shall be
recessed in the opaque housing. Drop dish refractors are
prohibited. The wattage shall not exceed 420 watts/480 V per
light fixture. This provision includes lights on mounted poles as
well as architectural display and decorative lighting visible from
a street or highway. Wall pack lighting shall be cut-off down
directional a maximum of 250 watts. Canopy lighting shall be
cut-off down directional a maximum of 250 watts. Canopy
lighting shall be cut-off luminaries with a maximum lamp
wattage of 400 watts.
3. Light sources (lamps) shall be incandescent, fluorescent, metal halide,
mercury vapor, natural gas, or color corrected high pressure
sodium (CRI of 60 or better). The same type must be
used for the same or similar type of lighting on any one site.
4. Mounting fixtures must be modified in such a manner that the
cone of the light is not directed at any property line. The
minimum mounting height for a pole is 12 feet. The maximum
mounting for a pole is 28 feet. Any fixture and pole located
within 20 feet of a residential zoning shall be a type four or
forward throw distribution.
5. All site lighting shall be designed so that the illumination as
measured in foot-candles at any one point meets the following
standards: Minimum and maximum levels are measured at any
one point. Average level is not to exceed the calculated value
and is derived using only the area of the site included to receive
illumination. Points of measure shall not include the area of the
building or areas which do not lend themselves to pedestrian
traffic. Also, if the major portion of the lighting design is to be in
the front of a building, the average level should not be affected by
adding a light or two in the back of the same building, which
would raise the average of the intended area for lighting.
6. Future renovations, upgrades, or additions to existing facilities
prior to the effective date of this ordinance shall not exceed
existing illumination levels below. The entire site must be
bought into conformance with this article should a renovation,
upgrade, or addition occur that would require a land disturbance
permit.
Location or Type of
Minimum
Average
Maximum
Lighting
Level
Level
Level
Area for display of
1.0
5.0
15.0
Outdoor
MILTON ZONING ORDINANCE
Page 6 of 13
0
Merchandise
Commercial, Office, and
0.6
2.40
10.0
Public/Semi-Public
Parking Areas
Multi -Family Residential
0.2
1.50
10.0
Parking
Areas
Walkways and Streets
0.2
2.00
10.0
Landscape and Decorative
0.0
0.50
5.0
7. Historic period lighting shall be used.
8. Lights shall be architecturally decorative with a historic style
(includes shepherds crook, pole top, and bollard). The same type
of design must be used along pedestrian pathways and/or
common areas.
9. Shoe box, cobra lighting fixtures, and neon lighting are
prohibited.
12G.4. F. Building Materials and Architectural Treatments
Developments shall include architecture elements such as
columns, arcades, covered entry -walkways, arches, facade
offsets, windows, balconies, offset walls, clock towers, cupolas
and/or courtyards.
2. The principle entry area of a building shall be articulated and
express greater architectural detail than other portions of the
building.
3. To the extent any rear or side of any building is visible from any
public street or single family residence, architectural treatment
shall continue through the rear or side.
4. All buildings shall be oriented to face a street or courtyard
5. Any nonresidential building fagade shall have a minimum of 25%
fenestration or as may be approved by the Director of
Community Development.
6. Front yard fences shall be non-opaque. Opaque fences are
permitted in side and rear yards.
MILTON ZONING ORDINANCE
Page 7of13
7. Building plans for townhouse and duplex developments shall
exhibit differentiated exterior wall materials on the vertical wall
faces within each block of units and architectural features such as
porches, balconies, bay windows, stoops, which are consistent with one
overall architectural theme.
8. Townhouse and Duplex development rooflines should exhibit
differentiated architectural features such as gables, pyramidal, and hip.
Rooflines should be varied. Mansard roofs are not permitted.
9. Alleys shall only be allowed if the alley is located between two
rows of townhouses or duplex developments. If constructed,
alleys shall exhibit a continuous network with other streets and or
alleys at the rear of each building lot.
10. Exterior buildings shall demonstrate a variety of appearances
which are all compatible with one selected architectural theme.
11. Buildings shall not end abruptly at a corner. Corner buildings
shall demonstrate focal points which anchor the corner. Corner
buildings should have functional extensions around any corner.
12. The scale of buildings with ground floor areas greater than
10,000 square feet is subject to the approval of the Director of
Community Development prior to the issuance
of a Building Permit.
13. The massing of buildings with ground floor areas greater than
10,000 square feet is subject to the approval of the Director of
Community Development prior to the issuance
of a Building Permit.
14. There shall be a maximum of 2 stories with a maximum height of 30
feet from average finished grade to bottom of the roof eave, excluding
Morris Road and Deerfield Parkway. (Added 4/28/08)
15. Building entrances and front exteriors shall be articulated and
designed to create additional visual interest by varying architectural
details, building materials, and by varying the roof
line and building offsets.
16. The exterior wall materials of all non-residential buildings and
townhouse, duplex, and multifamily buildings consist of a minimum of
75% (per vertical wall plane) of the following: brick or natural stone.
17. Accent building materials for all non-residential buildings, and also
townhouse, duplex and multifamily units are limited to a maximum of
odd
MILTON ZONING ORDINANCE
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25% brick, tile, non -reflective glass, natural stone with weathered,
polished or fluted face, textured traditional cement stucco, architectural
concrete masonry with fluted, split -face, or broken -face finish,
Portland cement plaster and lath systems, architectural (either
precast or tilt -up) concrete (fluted or with exposed aggregate
finish), or Hardi-plank.
18. Exposed concrete masonry unit (CMU) block, corrugated steel,
aluminum siding, vinyl siding, prefabricated metal, exposed
plywood, and exposed pressboard are prohibited as exterior
finishes.
19. Exterior finishes for accessory structures shall be consistent with
the principle structure.
20. Permitted colors for exterior walls, building components, sign
structures, accent and decorative elements shall be as specified by
Table 12G-1 or as approved by the Director of Community
Development.
Table 12G-1
Permitted Colors for Exterior Walls, Building Components, Sign Structure, Accent and
Decorative Elements
The following numbers refer to the
Pantone Matching System, an international color matching system
Exterior Building Walls, Building
Accent and Decorative Elements
Components, Sign Structure, Accent and
Only
Decorative Elements
White
Black
White
Browns, Beiges and Tans
Greens
462 C to 468 C
553 C to 554 C
4625 C to 4685 C
560 C to 561 C
469 C, 474C, 475 C
614 C to 616 C
4695 C to 4755 C
3302 C to 3305 C
478 C,
3295 C
719 C to 724 C
342C, 343 C
725 C to 731 C
3435 C
476U to 482U
356 C, 357 C
719U to 725U
5467 C to 5527 C
726U to 732U
3305U, 3308U, 335U
336U, 341U-343 U
3415 U to 3435 U
349 U
356 U to 357 U
MILTON ZONING ORDINANCE
Page 9 of 13
21. Permitted sloped roof materials are asphalt shingles, composition
shingles, wood shingle, tin, standing seam metal, and wood
shake. Sloped roofs are encouraged wherever feasible.
22. Roof colors shall be black, gray, dark gray, brown, red or green.
Reflective and metallic colors are prohibited unless described above.
23. Building components such as burglar bars, steel gates, metal
awnings and steel roll -down curtains are prohibited if visible
from a public street.
24. Neon lights outlining and/or detailing building features are
prohibited.
12G.4. H. Parking
1. On -street surface parking spaces located adjacent to the front
property line shall be counted toward the minimum number of
parking spaces required for that lot.
2. Access lanes and additional curb cuts (other than the primary
access drive) shall be located to the side or rear of the property.
The maximum width of the access lane and/or driveway is 18
feet.
3. Decks shall be constructed to conceal vehicles.
4. Decks shall include architectural detailing and finish compatible
with surrounding buildings.
MILTON ZONING ORDINANCE
Page 10 of 13
5535U to 5595U
553U to 559U
Reds
Grey
168 C, 181 C
429 U to 433 U
483 C, 484 C
443 U to 447 U
1685C, 4975 C
Warm Grey 6U -11U
Cool Grey 6U -11U
5467U to 5527U
Red -Browns
Grey -Blue
154 U, 1395 U
5395U to 5455U
1405 U
621 U to 627U
642U to 644U
647U to 650U
654U to 656U
662U
Green -Grey
5605U to 5665U
21. Permitted sloped roof materials are asphalt shingles, composition
shingles, wood shingle, tin, standing seam metal, and wood
shake. Sloped roofs are encouraged wherever feasible.
22. Roof colors shall be black, gray, dark gray, brown, red or green.
Reflective and metallic colors are prohibited unless described above.
23. Building components such as burglar bars, steel gates, metal
awnings and steel roll -down curtains are prohibited if visible
from a public street.
24. Neon lights outlining and/or detailing building features are
prohibited.
12G.4. H. Parking
1. On -street surface parking spaces located adjacent to the front
property line shall be counted toward the minimum number of
parking spaces required for that lot.
2. Access lanes and additional curb cuts (other than the primary
access drive) shall be located to the side or rear of the property.
The maximum width of the access lane and/or driveway is 18
feet.
3. Decks shall be constructed to conceal vehicles.
4. Decks shall include architectural detailing and finish compatible
with surrounding buildings.
MILTON ZONING ORDINANCE
Page 10 of 13
5. At least one bicycle parking area shall be provided for each
nonresidential development.
6. Loading areas shall be located in the rear or side yards.
12G.4. I. Miscellaneous Provisions
1. Telecommunications switchboards, power generators, and other
telecommunication relay equipment rooms or floors housing such
uses are limited to the following areas of a building: (a)
subterranean levels, (b) first and second floors which are set back
a minimum of 50 feet from the street, or (c) third and fourth
floors.
2. Stealth design is required for all cell towers.
3. Height of cell towers shall not exceed 199 feet.
4. The wireless communications facility shall be disassembled and
removed from the site within ninety (90) days of the date its use
for wireless telecommunications is discontinued.
5. Neither parking lots nor areas immediately adjacent to a building
shall be used for storage or sale of goods.
6. Storage of shopping carts is allowed without a permit.
7. Displaying or sale of goods outside the interior permanent and
sheltered portions of a building is prohibited. Exceptions:
seasonal holiday trees, pumpkins, and open air fairs provided an
administrative permit is obtained, pursuant to Article 19.
8. Vending machines, paper stands, and other similar devices must
be located interior to the building structure.
12G.6. SEVERABILITY. In the event that any section, subsection, sentence, clause or
phrase of this Article shall be declared or adjudged invalid or unconstitutional, such
adjudication shall in no manner affect the other sections, subsections, sentences,
clauses or phrases of this Article, which shall remain in full force and effect, as if the
section, subsection, sentence, clause, or phrase so declared or adjudged invalid or
unconstitutional were not originally a part thereof.
12G.7. APPEALS. Any persons aggrieved by a final decision of the Design Review Board
relating to this article may appeal such final decision to the Board of Zoning Appeals
by filing in writing setting forth plainly, fully and distinctly why the final decision is
'�" contrary to law per the Milton Zoning Ordinance. Such appeal shall be filed within 30
days after the final decision of the Design Review Board is rendered.
MILTON ZONING ORDINANCE
Page 11 of 13
12G.8. ADOPTION AND EFFECTIVE DATE. NOW, THEREFORE BE IT
RESOLVED, the Mayor and City Council does hereby ordain, resolve and enact the
foregoing Article XIIG to the Zoning Ordinance of City of Milton, Georgia.
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MILTON ZONING ORDINANCE
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