HomeMy WebLinkAboutORDINANCE NO. 08-11-32boo
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE 08-11-32
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repealed.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 o ood, Mayor
Attest:
�Q/1�
Jean e Marchiafava i 1
City C erk
ADOPTED BY CITY OF MILTON MAYOR AND CITY COUNCIL ON DECEMBER 21,
2006
6009 AMENDED APRIL 28, 2008
AMENDED NOVEMBER 17, 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.
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Pow" Addition to an Existing Building. Any walled and roofed expansion to the perimeter of a building in
which the addition is connected by a common load bearing wall other than a firewall. Any walled
low and roofed addition, which is connected by a firewall or is separated by independent perimeter load
bearing walls, is New Construction
Adjoin. To have a common border with. Adjoin may also mean coterminous, contiguous, abutting
and adjacent.
Administrative Minor Variance. See "Variance".
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.
Administrative Variance. See "Variance"
Adult Bookstore An establishment or facility licensed to do business in the City of Milton 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.
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None of these definitions shall be construed to permit any act which is in violation of any county or
state law.
il.. Adult Entertainment Establishment. Any establishment or facility licensed to do business in the
City of Milton 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.
Alteration of a Building. Any change, addition or modification in construction of the structural
members of a building, such as walls, partitions, columns, beams or girders, any change that results
in an addition to the enclosed floor area of a building, or the movement of the building from one
location to another.
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.
law 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.
Antenna. Any exterior apparatus designed for telephone, radio, or television communications
through the sending and/or receiving of electromagnetic waves.
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)
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.
Applicant. A property owner or their authorized representative who has petitioned the City for
approval of a zoning change, development permit, building permit, variance, special exception or
appeal, or any other authorization for the use or development of their property under the
requirements of this Ordinance, or a person submitting a post -development stormwater management
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application and plan for approval.
bow 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.
Application. A petition for approval of a zoning change, development permit, building permit,
variance, special exception or appeal, or any other authorization for the use or development of a
property under the requirements of this Ordinance.
Attic. An unheated storage area located immediately below the roof.
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)
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)
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.
Basement. The lower level of a building having a floor -to -ceiling height of at least 6% feet and a
portion of its floor subgrade (below ground level) on at least one side. See also "Cellar."
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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.
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.
Berm. A planted earthen mound.
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.
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.
Buffer, State Waters. An area along the course of any State waters to be maintained in an
undisturbed and natural condition.
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.
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).
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.
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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 Code. The technical codes approved for enforcement or otherwise adopted or adopted as
amended by the City under the Georgia Uniform Codes Act, which regulate the construction of
buildings and structures.
Building Line. A building line is one which is no closer to a property line than the minimum yard
(setback) requirements.
Building Permit. A written permit that allows construction issued by the Building Official.
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
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.
Car Wash, Accessory. A customarily incidental use of an attached or detached bay for cleaning
vehicles.
Cellar. The lower level of a building with more than one-half of its floor -to -ceiling height be -low the
average finished grade of the adjoining ground on all sides, or with a floor -to -ceiling height of less
than 6%2 feet. See Also "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.
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
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.� caretaker's residences, and others uses identified under the provisions for Administrative and Use
Permits.
CjbL The City of Milton.
Clear Cuttine. The removal of all vegetation from a property, whether by cutting or other means,
excluding stream buffer requirements.
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.
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.
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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.
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.
Concurrent Variance. See "Variance".
Condominium. A form of ownership distinguished by the absence of individual lots or lot lines
and utilizing instead a system of ownership whereby dwelling or other units are individually
owned but where land outside of the building walls is held in common and maintained by a
condominium association in accordance with OCGA Section 44-3-70, known and cited as the
"Georgia Condominium Act."
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,
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metal, concrete, wall board, paper, cardboard, inert waste landfill material, and other nonputrescible
wastes which have a low potential for groundwater contamination.
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.
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.
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.
Coggyard. 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.
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.
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.
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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.
DU 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).
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.
Department. Department of Community Development.
Department Director. The Community Development Director.
Design Professional of Record. The licensed professional whose seal appears on plats or plans
subject to these regulations.
Development, Duplex. A development of duplexes.
Development, Multifamily. A development of multifamily dwelling units on a single lot of record
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.
Development Permit Standards. Requirements established for each administrative and use permit
such as setbacks, access, landscape and buffer areas, hours of operation etc.
Development, Single Family. A development of single family dwelling units, with each dwelling
unit including accessory structures, on a separate lot of record.
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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.
Development, Townhouse. A development of townhouse dwelling units.
Director. Director of Community Development.
Distribution Line. A pipeline other than a gathering or transmission line.
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.
Driveway. A vehicular access way.
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.
Dwelling, Multifamily. A structure containing three or more dwelling units not including
townhouses, triplexes or quadruplexes.
Dwelling, Quadruplex. Four attached dwellings in one building in which each unit shares
one or two walls with an adjoining unit or units.
Dwelling Triplex. A building containing three dwelling units, each of which has direct
access to the outside or to a common hall.
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.
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Dwelling Unit, Single Family. One dwelling unit that is not attached to any other dwelling unit by
any means.
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.
3.3.5.
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Engineer. A registered, practicing engineer, licensed by the State of Georgia.
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.
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.
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.
Family DU 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.
Flood Lamp. A form of lighting designed to direct its output in a specific direction with a reflector
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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.
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.
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,
POW including but not limited to buildings or other structures, such as mining, dredging,
filling, grading, paving, excavation or drilling operations.
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 Fulton County 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.
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10) Flood Insurance Rate Map (FIRM). The official map of Fulton County 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 areas of Fulton County, 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.
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) Man. 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
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0014 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
%no 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 FloodwaX. 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,
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.
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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.
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.
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.
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.
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.
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.
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3.3.7. G
Garden Center. A business whose primary operation is the sale of seeds and organic and inorganic
"Dow 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
Gathering Line - a pipeline that transports fuel oil/liquid petroleum product from a current
production facility to a transmission line or main.
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.
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.
Grade. The average elevation of the finished surface of the ground adjacent to all sides of any
structure.
Gravel Road. An unpaved road surfaced with gravel material that is constructed and maintained to
function as an all-weather surface for vehicular and pedestrian travel."
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
MILTON ZONING ORDINANCE
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paragraph.
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.
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.
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
3.3.8. H
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.
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.
Home Occupation. An accessory use of a dwelling unit for business, operated by members of the
resident family only. (See Article Section 4.12)
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.
Hoo Sp tress - a causation of internal and external pressure loading on the pipe.
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.
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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.
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.
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.
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.
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
Community Development.
Industrialized Building. A building manufactured in accordance with the Georgia Industrialized
Building Act (O.C.G.A. Title 8, Chapter 2, Article 2, Part 1) and the Rules of the Commissioner of
the Georgia Department of Community Affairs issued pursuant thereto. State approved buildings
meet the State Building and Construction Codes and bear an insignia of Approval issued by the
Commissioner.
MILTON ZONING ORDINANCE
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Institutional Use. Includes schools, colleges, vocational schools, hospitals, places of worship,
asylums, museums, and other similar uses or facilities.
%two 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.
3.3.12.
L
Lamp. The component of an outdoor luminaire that produces light.
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.
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 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.
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.
Landscape Architect. A registered, practicing landscape architect licensed by the State of Georgia.
MILTON ZONING ORDINANCE
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3-19
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.
Now 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. (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.
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.
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.
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.
Light, Direct. Light emitted directly from the lamp, off of the reflector or reflector diffuser, or
through the refractor or diffuser lens, of luminaire.
""' 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.
Light, Indirect. Direct light that has been reflected or has scattered off of other surfaces.
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.
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
MILTON ZONING ORDINANCE
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OP"ft 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
bow street frontages, the Director of Community Development shall determine the legal lot frontage.
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.
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.
Lot line, side. A lot line which is not a rear or front lot line.
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.
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.
MILTON ZONING ORDINANCE
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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.
Manufactured 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; except that
such term shall include any structure which meets all the requirements of this paragraph except the
size requirements and with respect to which the manufacturer voluntarily files a certification required
by the secretary of housing and urban development and complies with the standards established
under the National Manufactured Housing Construction and Safety Standards Act of 1974,42 U.S.C.
Section 5401, et seq.
Manufactured Home Installation. The construction of a foundation system and the placement or
erection of a manufactured home or a mobile home on the foundation system. Such term includes,
without limitation, supporting, blocking, leveling, securing, or anchoring such home and connecting
multiple or expandable sections of such home.
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.
Medical Related Lodging. A use which provides temporary lodging for family members of a
hospitalized patient.
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.
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. See "Variance".
Mobile Home. A structure, transportable in one or more sections, which, in the traveling mode, is
MILTON ZONING ORDINANCE
3-22
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
AV" 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.
Modular Building: See "Industrialized Building."
Modular Home: A dwelling manufactured in accordance with the Georgia Industrialized
Building Act (see "Industrialized Building").
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.
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 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.
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
MILTON ZONING ORDINANCE
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3-23
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-
WIN tive and Use Permit provisions.
3.3.15. O
Off -Premise. A location outside of the subject lot for a designated use.
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.
On -Premise. The individual lot -of -record on which the use is located.
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.
Office. Temporarv. 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
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.
3.3.16.
Parcel. See lot.
P
Parking Lot. An area which is used for the parking of vehicle.
MILTON ZONING ORDINANCE
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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
ir..
residential district. (SPECIFICATIONS INCLUDED IN ARTICLE XVIII)
Path. A cleared way for pedestrians and/or bicycles that may or may not be paved or otherwise
improved.
Pawn shop. A business that lends money at interest on personal property deposited with the lender
until redeemed.
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.
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.
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.
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.
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.
Primary Variance. See "Variance".
MILTON ZONING ORDINANCE
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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)
Prope . 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.
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.
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.
Recreational Facilities. Includes parks, recreation areas, golf courses, playgrounds, recreation
counters (indoor & outdoor), playing fields, and other similar uses or facilities.
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.
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.
MILTON ZONING ORDINANCE
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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.
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.
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\Dwellina. Any building or portion thereof where one actually lives or has his home;
a place of human habitation.
"ow 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.
pow
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.
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.
MILTON ZONING ORDINANCE
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Roadside Vending. The sale of merchandise such as clothing, crafts, household item, firewood, etc.,
from a temporary table or cart.
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.
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.
..�. 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
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.
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.
MILTON ZONING ORDINANCE
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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
Secondary Variance. See "Variance".
Self -Stora e/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.
Self-Storage/Multi. A multi-level structure containing separate storage rooms/stalls under a single
roof that are leased or rented.
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.
Service Commercial Use. A business whose primary purpose is to provide a service.
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)
�- 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.
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.
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 Ordinances and other
applicable ordinances.
MILTON ZONING ORDINANCE
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.•- 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.
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.
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.
Spill Light. The light that illuminates surfaces beyond the intended area of illumination caused by
the uncontrolled direct light component from the luminaires.
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.
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.
Street. A roadway located and intended for vehicular and/ or pedestrian, bicycle, equestrian 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.
MILTON ZONING ORDINANCE
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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.
Roadway - The paved or graveled portion of a street from back of curb to back of curb (or
on" 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.
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.
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.
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
MILTON ZONING ORDINANCE
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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.
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.
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.
No Access Control - Preference is generally given to access to adiacent land rather than
mobility.
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.
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.
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.
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.
MILTON ZONING ORDINANCE
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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.
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.
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.
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.
Transfer station. A facility used to transfer solid waste from one transportation vehicle to another for
transportation to a disposal facility or processing operation.
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.
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.
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)
3.3.21.
U
Use. The purpose or function arranged or intended for a structure or property.
MILTON ZONING ORDINANCE
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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:
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
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.
Concurrent Variance. A request for a Primary Variance concurrently with a Rezoning
petition, Modification or Use Permit.
Minor Variance. An application requesting deviation from the minimum yard requirements,
not to exceed ten percent of the dimensional requirements.
Primary Variance, An application requesting relief from the standards of the Zoning
Ordinance, except relief from use, minimum lot area, or minimum lot frontage.
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.
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.
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.
MILTON ZONING ORDINANCE
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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.
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).
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.
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
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
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
Yard. Side. A yard which is not a front or rear yard.
3.3.26. Z
Zero Lot Line: The location of a building on a lot in such a manner that one or more of the building's
sides rest directly on a lot line, such as "patio homes" or "town -houses."
Zoning Conditions. Requirements placed on property by the Council at the time of approval of a
rezoning and/or use permit
MILTON ZONING ORDINANCE
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Zoning Modification. An application to change approved zoning conditions on rezonings and use
rn. permits where it has been determined by the Director of Community Development that the
requested change involves a matter of significant public interest.
b.. ZRESL/Revised 02/01 Zoning Ordinance
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