HomeMy WebLinkAbout05-02-11 Packet
CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Julie Zahner Bailey
Bill Lusk
Burt Hewitt
Joe Longoria
Alan Tart
Monday, May 2, 2011 Regular Council Meeting Agenda 6:00 PM
INVOCATION - Chaplain Remco Brommet, Chaplain for City of Milton Police and Fire.
CALL TO ORDER
1) ROLL CALL
2) PLEDGE OF ALLEGIANCE (Led by the Mayor)
3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda)
(Agenda Item No. 11- 088)
4) PUBLIC COMMENT
5) CONSENT AGENDA
1. Approval of the April 11, 2011 Special Called Work Session.
(Agenda Item No. 11- 089)
(Sudie Gordon, City Clerk)
2. Approval of the April 11, 2011 Regular Council Meeting.
(Agenda Item No. 11- 090)
(Sudie Gordon, City Clerk)
Page 1 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
MILTON CITY COUNCIL REGULAR MEETING AGENDA MAY 2, 2011
Page 2 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
6) REPORTS AND PRESENTATIONS (None)
7) FIRST PRESENTATION
1. RZ11-06 – Text Amendment to the Zoning Ordinance to Create the “Film and
Movie Media Productions Administrative Permit” (Sec. 64-1616)
(Agenda Item No. 11- 091)
(Lynn Tully, Community Development Director)
2. RZ11-07 – Text Amendment to the Zoning Ordinance to Revise the “Use
Regulations” for the C-1 (Community Business) District (Sec. 64-775)
(Agenda Item No. 11- 092)
(Lynn Tully, Community Development Director)
3. RZ11-08 – Text Amendment to the Zoning Ordinance to Revise the “Use
Regulations” for the C-2 (Community Business) District (Sec. 64-798).
(Agenda Item No. 11- 093)
(Lynn Tully, Community Development Director)
4. RZ11-09 – Text Amendment to the Zoning Ordinance to Create “Prohibited Uses
in All Districts” (Sec. 64-395).
(Agenda Item No. 11- 094)
(Lynn Tully, Community Development Director)
5. RZ11-10 – Text Amendment to the Zoning Ordinance to Create “Separation
Standards for High Traffic Uses” (Sec. 64-218)
(Agenda Item No. 11- 095)
(Lynn Tully, Community Development Director)
8) PUBLIC HEARING
1. Approval of a Resolution Imposing A Limited and Temporary Moratorium Upon
Issuance of Business Licenses to New Pain Management Clinics Within the City
of Milton.
(Agenda Item No. 11- 096)
(Ken Jarrard, City Attorney)
9) ZONING AGENDA (None)
10) UNFINISHED BUSINESS (None)
MILTON CITY COUNCIL REGULAR MEETING AGENDA MAY 2, 2011
Page 3 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
11) NEW BUSINESS
1. Approval of a Resolution Imposing A Limited and Temporary Moratorium Upon
Issuance of Business Licenses to New Pain Management Clinics Within the City
of Milton.
(Agenda Item No. 11- 096)
(Public Hearing Held May 2, 2011)
(Ken Jarrard, City Attorney)
12) MAYOR AND COUNCIL REPORTS
13) STAFF REPORTS (None)
14) EXECUTIVE SESSION (None)
15) ADJOURNMENT
(Agenda Item No. 11- 097)
The minutes will be
Provided
electronically
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
To: Mayor and City Council
From: Lynn Tully, AICP, Community Development Director
Date: April 20, 2011 for the May 16, 2011 City Council Meeting (May 2, 2011 First
Presentation, May 9, 2011 Council Work Session)
1. Agenda Item: RZ11-06 – To Amend the City of Milton Zoning Ordinance to create the
“Film and Move Media Productions” Administrative Permit (Section 64-1616)
Background:
Since its inception there have been a handful of small film and movie activities that have
occurred in the City of Milton. Many of which have passed as a relatively unobtrusive form of
economic development. Recently the State of Georgia has taken marked steps in attracting the
film industry. Based on staff discussions with Council and the North Fulton Chamber of
Commerce regarding economic development and the recent designation of our area as a “Film
Ready” Community, it was found that some regulations needed to be created to allow these
activities under condition.
Discussion:
The film and movie industry is becoming a larger segment of Georgia’s economic development
outreach. This industry generates thousands of dollars in taxes, sales taxes, hotel/motel taxes
with each production. Consistent use of production locations creates a tourist attraction
supported solely through its own advertisement. The uses are typically relatively unobtrusive
and bring positive attention to the city and our community assets. Our current regulations for
special events and other administrative permits don’t specifically cater to the business of the film
and movie industry. In order to encourage these uses we have reviewed regulations from other
local municipalities and those more attuned to the needs of the film industry.
This draft has been reviewed and submitted as a collaborative project by planning, parks &
recreation, fire and public safety, and communications staff. Initially this proposal should cover
the majority of filming activities anticipated for the City of Milton. We realize that this industry
changes quickly and there is a need to react quickly and provide flexibility in approvals and their
conditions. Upon consistent use we will continue to review these regulations to balance citizen
needs and the needs of the industry.
The attached proposal creates a new administrative permit specifically tailored to the film and
media productions. Production activities are separated into high and low impact permits and
can be issued in a little as 5 working days. General standards include provisions for trash
receptacles, tents and temporary structures, lighting, clean up and restoration, and others. Low
impact activities are generally considered to be professional photo shoots, commercials, and
student films. High impact activities may include feature films, documentaries and other
productions lasting 15 days or more. Waivers may be required for productions conducted
during morning, or evening/nighttime hours as well as those creating noise beyond the limits of
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
the noise ordinance. These waivers may be required at the discretion of the Community
Development Director should there be anticipated additional negative effects on nearby
residents or business owners based on the scope of the proposed productions.
Permits may be granted conditionally to facilitate procurement of specific locations for filming or
other information. The City of Milton reserves the right to deny any production on public
property whose content or portrayal of the city is objectionable as well as any production which
may interfere with city events.
Fees for permits will be established in the City Fee schedule under Appendix A “Fees and
Charges” of the Official Code of the City of Milton. Fees may be charged by other departments
for services rendered and equipment used. Fees for non-profit charities, students and other
agencies may be waived at the discretion of the City Manager.
Recommendation:
Based on this research, staff recommends the text changes as submitted.
Alternatives:
The Planning Commission may approve, deny or table a recommendation to the Mayor and City
Council.
Concurrent Review:
Chris Lagerbloom, City Manager, Ken Jarrard, City Attorney
RZ11‐06 prepared for the Mayor and City Council Meeting on May 2, 2011 (First Presentation)
Page 1 of 5
Sec. 64-1616. – Film and movie media productions.
As applicable, film and movie media productions are subject to the requirements of other city
departments, such as emergency medical services plans, emergency planning and preparedness plans, tent
permits, pyrotechnics permits, food service permits, etc. Applications for permits will be considered with all
haste due to the nature of the media production business.
(1) Applicability. This permit is required for all proposed productions in the City of Milton not held
in an otherwise licensed facility. This permit includes, but is not limited to television or video
series, movie, television or video pilots, commercials, feature film, professional photo stills and
shoots, music videos, student films, infomercials, public service announcements, and
documentaries.
(2) Required Districts. This permit is allowed with conditions in all zoning districts of the City of
Milton.
(3) Permit Types. Two classifications of Film and movie media production permits are allowed:
a. Low impact activities - which are generally those, film activities that have a limited
duration of no more than fourteen days with little or no disruption to common adjacent
and nearby uses. See additional requirements within this section for further
description.
b. High impact activities - which are generally those, film activities that have a duration
of fifteen or more days and/or do not comply with the Low impact activity standards
set forth in this Section. The filming of high-speed crashes or chases, pyrotechnics or
explosives or the use of aircraft, and similar actions are examples of High impact
activities. See additional requirements within this section for further description.
(4) General standards. In addition to all other applicable codes, permitted activities must abide by
the following:
a. No temporary sanitary facility or trash receptacle may be located within 100 feet of a
property line of any residential use.
b. No temporary sanitary facilities may be located on or within 10 feet of a storm
drainage structure.
c. Without written consent of the effected property owner or current resident, no tent,
table or other temporary structure shall be located within 250 feet of a residential
structure.
i. Tents less than 5,000 square feet do not require a building permit; tents
equal to or greater than 5,000 square feet require structural plan review and
a building permit. Such building permit shall be issued and approved
separately.
ii. All tents and temporary structures are subject to all local and state codes
and further subject to approval of the fire and building departments.
d. Sales from vehicles are prohibited.
e. Lighting for filming, both during daylight and nighttime hours, should be oriented away
from neighboring residences wherever possible and should not interfere with the safe
movement of traffic. All permanent and temporary lighting shall comply with Sec 64-
185 of the Milton Code of Ordinances.
f. Signage shall be in accordance with article XVI of this zoning ordinance.
g. Production companies are responsible for cleaning and restoring locations used,
including public and private lands to their original condition, with a minimum amount
of noise and disruption. All clean up and restoration activities shall be completed
within 60 days of completion of the permitted activities.
h. No modification of any street sign, street light, traffic signal or other traffic control
device shall be permitted without written approval from the Public Works Director or
his/her designee.
RZ11‐06 prepared for the Mayor and City Council Meeting on May 2, 2011 (First Presentation)
Page 2 of 5
i. No road or lane closures shall be permitted without a traffic management plan. All
plans shall conform to the Manual on Uniform Traffic Control Devices (MUTCD),
current edition, and shall be prepared by a person with experience in the
development of traffic control plans and the MUTCD standards.
j. No modifications or alterations to the right-of-way shall be permitted unless expressly
identified in the permit application. Any modification or alteration of the right-of-way,
whether that activity is permitted or not, shall be returned to a condition which is
better than or equal to what existed prior to the activity. That determination shall be
made by the Public Works Department.
(5) Low impact activity Standards. In addition to the General standards, the following minimum
standards must be met in order to be permitted as a Low impact activity. Due to the varying
nature of this industry and use these standards are not all inclusive and additional conditions
may be imposed at the discretion of the Community Development director to minimize
anticipated adverse effects or other objectionable uses.
a. No permit shall be effective for more than 14 consecutive days for a single production
on the same property(s). A single application may include several locations for the
same production with appropriate documentation. An application for said permit shall
be made no less than 5 business days prior to the event. Said permit must be
available on site to city personnel upon demand.
b. Shall provide uninterrupted pedestrian traffic flow.
c. Shall use five or less on-street parking spaces in a commercial or office zoning
district.
d. Shall not allow parking in alleys where residential access is provided by alleys.
e. All parking for cast, crew, extras and other nonessential vehicles shall be provided in
off street lots.
f. Shall provide a private holding area for cast, crew and extras.
g. The hours of operation shall be 7:30 am to 10:00 pm everyday. All prep and wrap
activities shall be completed within ½ hour of this time frame and shall not violate the
noise ordinance limitation as stated in Sect. 20-681.1.
h. A sound level of 65 dBA shall not be exceeded at adjacent property lines of any
residential use with exceptions as per the noise ordinance (Sect. 20-681.2) for
periods between 7:30 am and 10:00 pm.
i. No equipment, vehicle, display or other film activity shall block access to a public
facility such as a telephone booth, mailbox, parking meter, fire hydrant, traffic control
box, driveway or other access point.
(6) High impact activity Standards. In addition to the General standards, the following minimum
standards must be met in order to be permitted as a High impact activity. Due to the varying
nature of this industry and use these standards are not all inclusive and additional conditions
may be imposed at the discretion of the Community Development director to minimize
anticipated adverse effects or other objectionable uses. Please note that these activities may
require the onsite placement of the fire rescue department personnel and/or equipment based
on the scope of the proposed production.
RZ11‐06 prepared for the Mayor and City Council Meeting on May 2, 2011 (First Presentation)
Page 3 of 5
a. No permit shall be effective for more than 14 consecutive days for a single production
on the same property(s). A single application may include several locations for the
same production with appropriate documentation. An application for said permit shall
be made no less than 10 business days prior to the event. Said permit must be
available on site to city personnel upon demand.
a. May hold vehicular traffic for up to 14 calendar days with a detour provided as per the
approval of the public works director or his/her designee.
b. Shall use 10 or less on-street parking spaces in a commercial or office zoning district
per day.
c. Shall not allow parking in alleys where residential access is provided by alleys.
d. All parking for cast, crew, extras and other nonessential vehicles shall be provided in
off street lots.
e. Shall provide a private holding area for cast, crew and extras.
f. The hours of operation shall be 7:30 am to 10:00 pm, everyday. Any filming to occur
between the hours of 10:00 pm and 7:30 am must have completed permit waivers
from at least 95% of current residents or property owners/business owners within 500
feet of the filming location prior to commencing filming at the location during evening
or morning hours.
g. All prep and wrap activities shall be completed within ½ hour of these time frames
and shall not violate the noise ordinance limitation as stated in Sect. 20-681.1 without
completing a permit waiver from at least 80% of current residents or property
owners/business owners within 1000 feet of the filming location.
h. A sound level of 65 dBA shall not be exceeded at adjacent property lines of any
residential use with exceptions as per the noise ordinance (Sect. 20-681.2) for
periods between 7:30 am and 10:00 pm.
i. No equipment, vehicle, display or other film activity shall block access to a public
facility such as a telephone booth, mailbox, parking meter, fire hydrant, traffic control
box, driveway or other access point.
j. Based on the proposed scope of the production activity and in consideration of any
potential danger to the safety of the community, the Police Chief and/or the Fire Chief
may require personnel and/or equipment to be placed on standby for portions of the
high impact activity at the expense of the applicant.
(7) Applications. All applications shall be submitted to the Milton Community Development
Department for review and approval by the Director or his/her designee. The applications shall
include the following information at a minimum and shall not be deemed complete until all
requested information is received.
a. Two copies of a completed application form prepared by the Community development
department with original signatures.
b. Two copies of a drawing, no larger in size than 11 inches by 17 inches, with
dimensions (distances in feet) of the activity's location from each site(s) property lines
and other minimum distance requirements as specified by this section shall be
RZ11‐06 prepared for the Mayor and City Council Meeting on May 2, 2011 (First Presentation)
Page 4 of 5
submitted to the community development department for approval. Said drawing shall
also depict north arrow, curb cuts and traffic patterns, and address numbers of
locations to be used.
c. In addition, two copies of aerial imagery shall be included which locate the proposed
site(s) to be used as well as adjoining residential structures.
d. Proposed Location (mapped), length of road closure, and timing of traffic interruption
(by date and time) of any public right-of-way. A traffic management plan in
accordance with the MUTCD, current edition will be required as necessary for any
closure or traffic interruption per the public works director.
e. Signed hold harmless agreement, removing the City of Milton from any claims for
losses and expenses of any kind or nature on account of any activity arising from the
permitted activity.
f. Signed agreement to provide a certificate of Insurance with the City of Milton as
additional insured until filming is completed as per our contract if necessary based on
the proposed scope of the production.
g. Other information as required by the community development director to provide
insight to the proposed extent and intensity of the use.
(8) Permitting. Permits may be approved, disapproved or issued on a conditional basis as
necessary to facilitate receipt of all required information. All permits will be approved or denied
within 5 business days of receipt of the completed low impact activity application or 10
business days of receipt of a completed high impact activity application.
a. Restrictions. Restrictions may be placed on certain applications for use of city
property or in the vicinity of city property/city sponsored events such that service and
protection to the public is not impaired.
i. The City of Milton reserves the right to refuse access to City property on the
grounds of prior reference examination and portrayal of the City in the
content of the project.
ii. Removal, cutting or trimming of vegetation in the public right-of-way or on
public property is prohibited unless specifically approved and limited by the
permit.
iii. Filming may not be allowed in locations near the area of a city sponsored
event if there is anticipated conflict with the city’s event.
b. Variations from the approved scope of work included in the permit application can be
grounds for immediate revocation if public health, safety or welfare are impaired.
c. Fees. Applicants will be charged a fee for processing as established by the City of
Milton Mayor and Council. Services for which a fee has not been established will be
charged on the basis of time, equipment, and material. Fees for filming applications
will be charged according to Appendix A of the Milton Code of Ordinances.
RZ11‐06 prepared for the Mayor and City Council Meeting on May 2, 2011 (First Presentation)
Page 5 of 5
i. Additional fees for the monitoring of public safety will be charged separately
by the appropriate departments based on a labor, time and equipment
necessary to provide the public service.
ii. Street closures shall incur a fee based on the city value of time, materials,
and equipment used/requested by the applicant.
iii. Permits for tents and other building and structural inspections will by
charged separately by the appropriate departments.
iv. Rental of City Facilities will be charged on a per use basis as set out by the
City Parks and Recreation Department.
v. Late request applications will be charged an additional fee per day less than
the minimum number of processing days required as set forth in Appendix A
of the Milton Code of Ordinances.
vi. Processing fees and charges for use of City services or facilities may be
reduced or waived for charitable and non-profit organizations which qualify
under Section 501.c.3 of the IRS Code and for City agencies if substantial
reward will be provided to the City of Milton at the discretion of the City
Manager.
vii.
(9) Permit Waivers. Waivers may be required in the likelihood the proposed production will have a
negative effect(s) on adjacent business or residents.
a. Waivers shall be signed by current residents, property owners, and/or business
owners as determined by the community development director.
b. Waivers will be provided on a form set out by the Community development
department.
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ11-06
AN ORDINANCE TO CREATE SECTION 64-1616 OF THE CITY OF MILTON ZONING
ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) FOR AN
ADMINISTRATIVE USE PERMIT FOR FILM AND MOVIE MEDIA PRODUCTIONS
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on May 16, 2011 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance relates creating an administrative use permit, Section 64-
1616 of the City of Milton Zoning Ordinance as it pertains to film and movie media productions,
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 May, 2011
__________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, City Clerk
(Seal)
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
To: Mayor and City Council
From: Lynn Tully, AICP, Community Development Director
Date: April 20, 2011 for the May 16, 2011 City Council Meeting (May 2, 2011 First
Presentation, May 9, 2011 Council Work Session)
1. Agenda Item: RZ11-07 – To Amend the City of Milton Zoning Ordinance to revise the
“Use Regulations” for the C-1 (Community Business) District (Section 64-775)
2. Agenda Item: RZ11-08 – To Amend the City of Milton Zoning Ordinance to revise the
“Use Regulations” for the C-2 (Community Business) District (Section 64-798)
3. Agenda Item: RZ11-09 – To Amend the City of Milton Zoning Ordinance to create
“Prohibited Uses in All Districts” (Section 64-395)
4. Agenda Item: RZ11-10 – To Amend the City of Milton Zoning Ordinance to create
“Separation Standards for High Traffic uses” (Section 64-218)
.
Background:
Based on previous discussions with council staff studied this item and prepared an analysis of
potential locations. At that time, the Council introduced the question of whether there may be
additional high intensity commercial uses that should be included in this discussion. Further,
additional consideration was given to the typical use restrictions imposed on most commercial
rezoning cases in the city. Based on these discussions staff has introduced the following four
text amendments to change the listing of permitted commercial uses. Please note that
additional definitions to clarify any new uses have been preliminarily prepared, however will
need advertising prior to action by the Commission and City Council.
Discussion:
Historically, under Fulton County the majority of parcels commercially re-zoned in the 1980’s
and 1990’s with conditional zoning excluded service stations and also excluded convenience
stores with gas pumps after the 1990’s. The City of Milton has excluded convenience stores
with gas pumps since its incorporation in 2006 when there have been requests for any type of
non-residential zoning. In addition, many other uses were conditioned as specifically excluded
in those same rezoning actions.
Upon review there appeared to be some correlation between the excluded uses as either high
traffic uses or those uses that are generally objectionable. Based on these findings, staff has
researched potential standards that would minimize the negative effects of clustering high traffic
generating uses in close proximity and simply eliminating those uses which are truly
objectionable in the City of Milton.
In work sessions with the Council several uses were identified as allowable in C-1 “Community
Business” Districts that did not conform to the typical level of intensity allowed for this district
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
either by practical use or by condition of zoning. Those uses were moved to be expressly
allowable in the C-2 “Community Business” District, which is designed to accommodate those
more intense commercial uses. Also included in the changes is a clarified listing of Gasoline
service stations as a permitted use, with or without convenience stores in the C-1 District.
In addition, a separation standard was created in Section 64-218 to minimize further congestion
created by clustering several of these in close proximity. This separation is required for
freestanding fast food restaurants, restaurants with a drive through facility component, and for
gas stations with pumps (with or without convenience stores). Currently, the proposal indicates
a one mile separation distance.
Maps have been provided indicating both the one mile and the ½ mile separation from existing
permitted uses. These maps were also provided to Council during their work session and no
preference was indicated between the two options. Please note that the one mile separation
does severely restrict many of the traditional commercial corridors for these uses. The ½ mile
limit is somewhat less restrictive, however still reduces anticipated congestion generated by
these uses. Staff is recommending the one mile separation distance while noting that this does
limit the existing commercial corridor’s future commercial development potential for offshoot
development typically associated with the high traffic uses.
Finally, staff reviewed those use that were typically excluded from approved commercial
rezoning and found many of those uses are considered “objectionable” by other similar
jurisdictions. Those uses include: fortune tellers, massage parlors, pool halls, escort and dating
services, and tattoo, body art, or body piercing establishments. They are proposed to be
excluded from all zoning districts in the City of Milton.
Some items still to be considered are changes to the Roadside Vending regulations and
additional use definitions. These items will be submitted to the Planning Commission under
separate review and advertising.
Recommendation:
Based on this analysis, staff recommends the text changes as submitted.
Alternatives:
The Planning Commission may approve, deny or table a recommendation to the Mayor and City
Council.
Concurrent Review:
Chris Lagerbloom, City Manager, Ken Jarrard, City Attorney
RZ11‐07 prepared for the Mayor and City Council Meeting on May 2, 2011 (First Presentation)
Page 1 of 3
Sec. 64-775. - Use regulations.
Within the C-1 district, land and structures shall be used in accordance with standards herein. Any
use not specifically designated as permitted shall be prohibited.
(1)
Permitted uses. Structures and land may be used for only the following purposes:
a.
Amusement, indoor.
b.
Apartment, above or behind commercial and office uses in the same building.
c.
Art gallery.
d.
Assembly hall.
e.
Automotive parking lot.
f.
Automotive specialty shop.
g.
Catering, carryout and delivery.
h.
Church, temple or other place of worship.
i.
Clinic.
j.
Convalescent center/nursing home/hospice.
k.
Day care facility.
l.
Delicatessen.
m.
Financial establishment.
n.
Funeral home.
o.
Garage, automobile repair, except painting, body repair and overhaul of major
components.
p.
Group residence.
q.
Gymnasium.
r.
Hotel.
s.
Health club/spa.
t.
Laundromat.
u.
Landscaping business, garden center.
v.
RZ11‐07 prepared for the Mayor and City Council Meeting on May 2, 2011 (First Presentation)
Page 2 of 3
Laundry and dry cleaning shop (excluding Laundromats).
w.
Lawn service businesses.
x.
Library.
y.
Communication service.
z.
Millinery or similar trade whenever products are sold retail, exclusively on the
site where produced.
aa.
Motel.
bb.
Museum.
cc.
Office.
dd.
Parking garage/deck.
ee.
Parking lot.
ff.
Personal care home.
gg.
Personal services, including barbershop, beauty shop.
hh.
Pet grooming (no overnight stay).
ii.
Photography studio.
jj.
Plant nursery.
kk.
Printing shop, convenience.
ll.
Repair shop, not involving any manufacturing on the site.
mm.
Research laboratory.
nn.
Restaurant.
oo.
Retail store or shop not to include Roadside vending.
pp.
School of business, dance, music or similar school.
qq.
Service station, except that repair and service offerings shall not include
painting, body repair nor overhaul of major components, and no portion of the
site shall be used for the display of cars for sale.
rr.
Stadium.
ss.
Theater.
tt.
RZ11‐07 prepared for the Mayor and City Council Meeting on May 2, 2011 (First Presentation)
Page 3 of 3
Recycling center, collecting.
tt. Gasoline stations with or without convenience stores.
(2)
Accessory uses. Structures and land may be used for uses customarily incidental to any
permitted use and a dwelling may be used for a home occupation. Automobile and/or
moving truck rental may be used in accessory to a permitted use. Not more than 45
percent of the floor area of a building or land may be devoted to storage incidental to
primary uses.
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ11-07
AN ORDINANCE TO AMEND SECTION 64-775 OF THE CITY OF MILTON ZONING
ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) TO AMEND THE LIST
OF PERMITTED USES WITHIN THE C-1 (COMMUNITY BUSINESS) DISTRICT
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on May 16, 2011 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance that relates to the permitted uses in the C-1 (Community
Business) district, Section 64-775 of the City of Milton Zoning Ordinance is amended, 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 May, 2011
__________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, City Clerk
(Seal)
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
To: Mayor and City Council
From: Lynn Tully, AICP, Community Development Director
Date: April 20, 2011 for the May 16, 2011 City Council Meeting (May 2, 2011 First
Presentation, May 9, 2011 Council Work Session)
1. Agenda Item: RZ11-07 – To Amend the City of Milton Zoning Ordinance to revise the
“Use Regulations” for the C-1 (Community Business) District (Section 64-775)
2. Agenda Item: RZ11-08 – To Amend the City of Milton Zoning Ordinance to revise the
“Use Regulations” for the C-2 (Community Business) District (Section 64-798)
3. Agenda Item: RZ11-09 – To Amend the City of Milton Zoning Ordinance to create
“Prohibited Uses in All Districts” (Section 64-395)
4. Agenda Item: RZ11-10 – To Amend the City of Milton Zoning Ordinance to create
“Separation Standards for High Traffic uses” (Section 64-218)
.
Background:
Based on previous discussions with council staff studied this item and prepared an analysis of
potential locations. At that time, the Council introduced the question of whether there may be
additional high intensity commercial uses that should be included in this discussion. Further,
additional consideration was given to the typical use restrictions imposed on most commercial
rezoning cases in the city. Based on these discussions staff has introduced the following four
text amendments to change the listing of permitted commercial uses. Please note that
additional definitions to clarify any new uses have been preliminarily prepared, however will
need advertising prior to action by the Commission and City Council.
Discussion:
Historically, under Fulton County the majority of parcels commercially re-zoned in the 1980’s
and 1990’s with conditional zoning excluded service stations and also excluded convenience
stores with gas pumps after the 1990’s. The City of Milton has excluded convenience stores
with gas pumps since its incorporation in 2006 when there have been requests for any type of
non-residential zoning. In addition, many other uses were conditioned as specifically excluded
in those same rezoning actions.
Upon review there appeared to be some correlation between the excluded uses as either high
traffic uses or those uses that are generally objectionable. Based on these findings, staff has
researched potential standards that would minimize the negative effects of clustering high traffic
generating uses in close proximity and simply eliminating those uses which are truly
objectionable in the City of Milton.
In work sessions with the Council several uses were identified as allowable in C-1 “Community
Business” Districts that did not conform to the typical level of intensity allowed for this district
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
either by practical use or by condition of zoning. Those uses were moved to be expressly
allowable in the C-2 “Community Business” District, which is designed to accommodate those
more intense commercial uses. Also included in the changes is a clarified listing of Gasoline
service stations as a permitted use, with or without convenience stores in the C-1 District.
In addition, a separation standard was created in Section 64-218 to minimize further congestion
created by clustering several of these in close proximity. This separation is required for
freestanding fast food restaurants, restaurants with a drive through facility component, and for
gas stations with pumps (with or without convenience stores). Currently, the proposal indicates
a one mile separation distance.
Maps have been provided indicating both the one mile and the ½ mile separation from existing
permitted uses. These maps were also provided to Council during their work session and no
preference was indicated between the two options. Please note that the one mile separation
does severely restrict many of the traditional commercial corridors for these uses. The ½ mile
limit is somewhat less restrictive, however still reduces anticipated congestion generated by
these uses. Staff is recommending the one mile separation distance while noting that this does
limit the existing commercial corridor’s future commercial development potential for offshoot
development typically associated with the high traffic uses.
Finally, staff reviewed those use that were typically excluded from approved commercial
rezoning and found many of those uses are considered “objectionable” by other similar
jurisdictions. Those uses include: fortune tellers, massage parlors, pool halls, escort and dating
services, and tattoo, body art, or body piercing establishments. They are proposed to be
excluded from all zoning districts in the City of Milton.
Some items still to be considered are changes to the Roadside Vending regulations and
additional use definitions. These items will be submitted to the Planning Commission under
separate review and advertising.
Recommendation:
Based on this analysis, staff recommends the text changes as submitted.
Alternatives:
The Planning Commission may approve, deny or table a recommendation to the Mayor and City
Council.
Concurrent Review:
Chris Lagerbloom, City Manager, Ken Jarrard, City Attorney
RZ11‐08 prepared for the Mayor and Council Meeting on May 2, 2011
Page 1 of 2
Sec. 64-798. - Use regulations.
Within the C-2 district, land and structures shall be used in accordance with standards herein. Any
use not specifically designated as permitted shall be prohibited.
(1)
Permitted uses. Structures and land may be used for only the following purposes:
a.
Any use permitted in the C-1 district.
b.
Automotive garage.
c.
Automotive repair garage.
d.
Automobile and light truck sales/leasing.
e.
Batting cage, outdoor.
f.
Bowling alley.
g.
Car wash.
h.
Check cashing establishment.
i.
Drive-in theater.
j.
Garage, automobile repair.
k.
Landscaping business.
l.
Lawn service business.
m.
Laundry and dry cleaning plant distribution center, not including processing,
fabrication or manufacturing.
n.
Pawnshop.
o.
Plant nursery.
p.
Plumbing shop associated with retail sales.
q.
Radio and television station.
r.
Service establishment.
s.
Skating rink.
t.
Tinsmithing shop associated with retail sales.
u. Stand alone Personal services, including barbershop, beauty shop.
RZ11‐08 prepared for the Mayor and Council Meeting on May 2, 2011
Page 2 of 2
v. Bail bondsmen.
w. Laundromat and coin operated laundry.
x. Commercial Amusements (Indoor and Outdoor)
y. Flea markets and Second hand surplus retailers not to include Roadside
Vending.
z. Liquor and package sales stores.
aa. Recycling center, collecting.
bb. Video arcades.
(2)
Accessory uses. Structures and land may be used for uses customarily incidental to any
permitted use and dwellings may be used for a home occupation.
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ11-08
AN ORDINANCE TO AMEND SECTION 64-798 OF THE CITY OF MILTON ZONING
ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) TO AMEND THE
PERMITTED USES WITHIN THE C-2 (COMMUNITY BUSINESS) DISTRICT
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on May 16, 2011 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance that relates to the permitted uses in C-2 (Community
Business), Section 64-798 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 May, 2011
__________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, City Clerk
(Seal)
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
To: Mayor and City Council
From: Lynn Tully, AICP, Community Development Director
Date: April 20, 2011 for the May 16, 2011 City Council Meeting (May 2, 2011 First
Presentation, May 9, 2011 Council Work Session)
1. Agenda Item: RZ11-07 – To Amend the City of Milton Zoning Ordinance to revise the
“Use Regulations” for the C-1 (Community Business) District (Section 64-775)
2. Agenda Item: RZ11-08 – To Amend the City of Milton Zoning Ordinance to revise the
“Use Regulations” for the C-2 (Community Business) District (Section 64-798)
3. Agenda Item: RZ11-09 – To Amend the City of Milton Zoning Ordinance to create
“Prohibited Uses in All Districts” (Section 64-395)
4. Agenda Item: RZ11-10 – To Amend the City of Milton Zoning Ordinance to create
“Separation Standards for High Traffic uses” (Section 64-218)
.
Background:
Based on previous discussions with council staff studied this item and prepared an analysis of
potential locations. At that time, the Council introduced the question of whether there may be
additional high intensity commercial uses that should be included in this discussion. Further,
additional consideration was given to the typical use restrictions imposed on most commercial
rezoning cases in the city. Based on these discussions staff has introduced the following four
text amendments to change the listing of permitted commercial uses. Please note that
additional definitions to clarify any new uses have been preliminarily prepared, however will
need advertising prior to action by the Commission and City Council.
Discussion:
Historically, under Fulton County the majority of parcels commercially re-zoned in the 1980’s
and 1990’s with conditional zoning excluded service stations and also excluded convenience
stores with gas pumps after the 1990’s. The City of Milton has excluded convenience stores
with gas pumps since its incorporation in 2006 when there have been requests for any type of
non-residential zoning. In addition, many other uses were conditioned as specifically excluded
in those same rezoning actions.
Upon review there appeared to be some correlation between the excluded uses as either high
traffic uses or those uses that are generally objectionable. Based on these findings, staff has
researched potential standards that would minimize the negative effects of clustering high traffic
generating uses in close proximity and simply eliminating those uses which are truly
objectionable in the City of Milton.
In work sessions with the Council several uses were identified as allowable in C-1 “Community
Business” Districts that did not conform to the typical level of intensity allowed for this district
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
either by practical use or by condition of zoning. Those uses were moved to be expressly
allowable in the C-2 “Community Business” District, which is designed to accommodate those
more intense commercial uses. Also included in the changes is a clarified listing of Gasoline
service stations as a permitted use, with or without convenience stores in the C-1 District.
In addition, a separation standard was created in Section 64-218 to minimize further congestion
created by clustering several of these in close proximity. This separation is required for
freestanding fast food restaurants, restaurants with a drive through facility component, and for
gas stations with pumps (with or without convenience stores). Currently, the proposal indicates
a one mile separation distance.
Maps have been provided indicating both the one mile and the ½ mile separation from existing
permitted uses. These maps were also provided to Council during their work session and no
preference was indicated between the two options. Please note that the one mile separation
does severely restrict many of the traditional commercial corridors for these uses. The ½ mile
limit is somewhat less restrictive, however still reduces anticipated congestion generated by
these uses. Staff is recommending the one mile separation distance while noting that this does
limit the existing commercial corridor’s future commercial development potential for offshoot
development typically associated with the high traffic uses.
Finally, staff reviewed those use that were typically excluded from approved commercial
rezoning and found many of those uses are considered “objectionable” by other similar
jurisdictions. Those uses include: fortune tellers, massage parlors, pool halls, escort and dating
services, and tattoo, body art, or body piercing establishments. They are proposed to be
excluded from all zoning districts in the City of Milton.
Some items still to be considered are changes to the Roadside Vending regulations and
additional use definitions. These items will be submitted to the Planning Commission under
separate review and advertising.
Recommendation:
Based on this analysis, staff recommends the text changes as submitted.
Alternatives:
The Planning Commission may approve, deny or table a recommendation to the Mayor and City
Council.
Concurrent Review:
Chris Lagerbloom, City Manager, Ken Jarrard, City Attorney
Text Amendment RZ11‐09 for the Planning Commission Meeting on April 26, 2011
Page 1 of 1
Sec. 64-395. – Uses Prohibited in All Zoning Districts
In all zoning districts the following uses are considered objectionable and are prohibited including
fortune tellers, massage parlors, pool hall, escort and dating services, and tattoo, body art or body piercing
establishments.
Formatted: Font: 9 pt, Not Bold, No underline
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ11-09
AN ORDINANCE TO CREATE SECTION 64-395 OF THE CITY OF MILTON ZONING
ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) TO PROHIBIT
CERTAIN USES IN ALL ZONING DISTRICTS
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on May 16, 2011 at 6:00 p.m. as follows:
SECTION 1. That the creation of this Ordinance that prohibits certain uses in all zoning
districts, Section 64-395 of the City of Milton Zoning Ordinance is amended, 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 May, 2011
__________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, City Clerk
(Seal)
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
To: Mayor and City Council
From: Lynn Tully, AICP, Community Development Director
Date: April 20, 2011 for the May 16, 2011 City Council Meeting (May 2, 2011 First
Presentation, May 9, 2011 Council Work Session)
1. Agenda Item: RZ11-07 – To Amend the City of Milton Zoning Ordinance to revise the
“Use Regulations” for the C-1 (Community Business) District (Section 64-775)
2. Agenda Item: RZ11-08 – To Amend the City of Milton Zoning Ordinance to revise the
“Use Regulations” for the C-2 (Community Business) District (Section 64-798)
3. Agenda Item: RZ11-09 – To Amend the City of Milton Zoning Ordinance to create
“Prohibited Uses in All Districts” (Section 64-395)
4. Agenda Item: RZ11-10 – To Amend the City of Milton Zoning Ordinance to create
“Separation Standards for High Traffic uses” (Section 64-218)
.
Background:
Based on previous discussions with council staff studied this item and prepared an analysis of
potential locations. At that time, the Council introduced the question of whether there may be
additional high intensity commercial uses that should be included in this discussion. Further,
additional consideration was given to the typical use restrictions imposed on most commercial
rezoning cases in the city. Based on these discussions staff has introduced the following four
text amendments to change the listing of permitted commercial uses. Please note that
additional definitions to clarify any new uses have been preliminarily prepared, however will
need advertising prior to action by the Commission and City Council.
Discussion:
Historically, under Fulton County the majority of parcels commercially re-zoned in the 1980’s
and 1990’s with conditional zoning excluded service stations and also excluded convenience
stores with gas pumps after the 1990’s. The City of Milton has excluded convenience stores
with gas pumps since its incorporation in 2006 when there have been requests for any type of
non-residential zoning. In addition, many other uses were conditioned as specifically excluded
in those same rezoning actions.
Upon review there appeared to be some correlation between the excluded uses as either high
traffic uses or those uses that are generally objectionable. Based on these findings, staff has
researched potential standards that would minimize the negative effects of clustering high traffic
generating uses in close proximity and simply eliminating those uses which are truly
objectionable in the City of Milton.
In work sessions with the Council several uses were identified as allowable in C-1 “Community
Business” Districts that did not conform to the typical level of intensity allowed for this district
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
either by practical use or by condition of zoning. Those uses were moved to be expressly
allowable in the C-2 “Community Business” District, which is designed to accommodate those
more intense commercial uses. Also included in the changes is a clarified listing of Gasoline
service stations as a permitted use, with or without convenience stores in the C-1 District.
In addition, a separation standard was created in Section 64-218 to minimize further congestion
created by clustering several of these in close proximity. This separation is required for
freestanding fast food restaurants, restaurants with a drive through facility component, and for
gas stations with pumps (with or without convenience stores). Currently, the proposal indicates
a one mile separation distance.
Maps have been provided indicating both the one mile and the ½ mile separation from existing
permitted uses. These maps were also provided to Council during their work session and no
preference was indicated between the two options. Please note that the one mile separation
does severely restrict many of the traditional commercial corridors for these uses. The ½ mile
limit is somewhat less restrictive, however still reduces anticipated congestion generated by
these uses. Staff is recommending the one mile separation distance while noting that this does
limit the existing commercial corridor’s future commercial development potential for offshoot
development typically associated with the high traffic uses.
Finally, staff reviewed those use that were typically excluded from approved commercial
rezoning and found many of those uses are considered “objectionable” by other similar
jurisdictions. Those uses include: fortune tellers, massage parlors, pool halls, escort and dating
services, and tattoo, body art, or body piercing establishments. They are proposed to be
excluded from all zoning districts in the City of Milton.
Some items still to be considered are changes to the Roadside Vending regulations and
additional use definitions. These items will be submitted to the Planning Commission under
separate review and advertising.
Recommendation:
Based on this analysis, staff recommends the text changes as submitted.
Alternatives:
The Planning Commission may approve, deny or table a recommendation to the Mayor and City
Council.
Concurrent Review:
Chris Lagerbloom, City Manager, Ken Jarrard, City Attorney
RZ11‐10 Text Amendment Prepared for the Planning Commission Meeting on April 26, 2011
Page 1 of 1
Secs. 64-218. Separation Standards for High Traffic Uses.
(a) Due to the potential for significant traffic impacts on existing roadways from uses which have
particularly high trip generation there shall be required a distance between these uses to prevent
clustering. This separation shall be a minimum of one (1) mile between the following uses:
(1) Freestanding Fast Food Restaurants
(2) Restaurants with drive thru facilities
(3) Gas pumping stations with or without convenience stores
(b) For the purposes of this section the separation shall be measured in a straight line from the
closest portion of any structure providing said use to the nearest point of any other existing or
proposed structure providing the specified use.
(c) For the purposes of this section determination of the existing use will be the legal and licensed
operation of the specified use in the City of Milton or within one year of closure of the legally
specified use.
Secs. 64-219—64-235. - Reserved.
Comment [lt1]: This may affect groceries with
gas stations as well?
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ11-10
AN ORDINANCE TO CREATE SECTION 64-218 OF THE CITY OF MILTON ZONING
ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) TO REQUIRE
SEPARATION STANDARDS FOR HIGH TRAFFIC USES
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on May 16, 2011 at 6:00 p.m. as follows:
SECTION 1. That the creation of Section 64-218 requiring a separation for high traffic uses,
Section 64-218 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 May, 2011
__________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, City Clerk
(Seal)
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO.
A RESOLUTION IMPOSING A LIMITED AND TEMPORARY
MORATORIUM UPON ISSUANCE OF BUSINESS LICENSES TO NEW
PAIN MANAGEMENT CLINICS WITHIN THE CITY OF MILTON
WHEREAS, information received from law enforcement officials in several States
indicate that criminal activity increases in areas where pain clinics operating as no more than
"pill mills" are located; and
WHEREAS, the Grand Jury in Broward County, Florida, heard testimony and
considered evidence concerning the proliferation of such pain clinics in Broward County and
South Florida; and
WHEREAS, the Broward County, Florida, Grand Jury issued its Interim Report on
November 19, 2009, concerning The Proliferation of Pain Clinics in South Florida ("Broward
County Grand Jury Report"); and
WHEREAS, the Broward County Grand Jury Report found that "[i]n 2007 there were
four pain clinics operating in Broward County. From those 4 pain clinics in Broward County the
number swelled to 66 pain clinics operating in South Florida in 2008. From August 2008 to
November 2009 the number of pain clinics opening and operating in South Florida exploded in
number from 66 to 176, and the number of pain clinics opening and operating in Broward
County increased from 47 to 115. Pain clinics, which dispense prescription drugs on site,
dispensed almost 9 million dose units of Oxycodone in South Florida during the last months of
2008. 6.5 million dose units of the 9 million dose units were dispensed in Broward County
alone." Broward County Grand Jury Report at page 6; and
WHEREAS, the Broward County Grand Jury Report reported as follows: "The National
Survey on Drug Use and Health conducted annually by the Substance Abuse Mental Health
Services Administration estimates that in the last 30 days over 5 million Americans used non-
medical prescription opioids or narcotic analgesics or pain relievers. In 2005, 11,300,000
Americans age 12 and above had used prescription pain medication in a non-medical use. In
2007, the number increased almost 50% to 16,280,000 Americans. One of the age groups that
have shown the highest levels of prescription non-medical use has been young adults age 18 to
25. In 2007, 2,147,000 Americans were first time non-medical users of prescription pain
medication." Broward County Grand Jury Report, at pages 11-12; and
WHEREAS, the City of Milton has great respect for reputable medical practitioners who
are attempting to diagnose and treat pain being experienced by their patients; and
WHEREAS, the typical pain clinic, however, operating as no more than a "pill mill" has
little or no interest in treating pain or the symptom of pain, but is interested in only dispensing
prescription pain medication with little or no diagnosis of the "patient." See Broward County
Grand Jury Report at ages 19-20; and
WHEREAS, the Broward County Grand Jury Report found that "[a] couple of cities in
Broward County have attempted to restrict the growing number of clinics in their cities by
enacting ordinances to prohibit the location of pain management clinics that dispense narcotic
drugs on site." Broward County Grand Jury Report at page 33; and
WHEREAS, City of Milton has been made aware of numerous news reports describing a
"pipeline" of trafficking drugs from pain management clinics in South Florida to users in States
such as Kentucky, West Virginia, and Ohio; and
WHEREAS, prescription drug abuse is becoming a major problem in Georgia, and
according to the Georgia Drug and Narcotics Agency, deaths due to prescription drug overdoses
have surpassed those of all other illicit drugs; and
WHEREAS, adoption of a moratorium on the issuance of business licenses to pain
management clinics will provide the City of Milton an opportunity to develop ordinances and/or
regulations that address the secondary effects of pain management clinics on individuals and the
community; and
WHEREAS, the State of Georgia is considering the enactment of Senate Bill 36 to
establish a state-wide electronic database for certain controlled substances and the Mayor and
City Council have reviewed Senate Bill 36. Said enactment may impact the City’s ability to
regulate pain management clinics; and
WHEREAS, the City of Milton desires to impose a temporary and limited moratorium to
enable it to review the outcome of such legislation, and to allow for the possible creation of a
statewide database for controlled substances.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COUNCIL OF THE CITY OF MILTON, GEORGIA, AS FOLLOWS:
1.
There is hereby adopted a moratorium on issuance of business licenses to pain
management clinics within the City of Milton. Said moratorium shall run through April, 2012
with the intention of providing an opportunity for the State of Georgia to address relevant
legislation that would impact the City's ability to regulate pain management clinics and provide
the City of Milton an opportunity to develop ordinances and/or regulations that address the
secondary effects of pain management clinics on individuals and the community.
2.
The moratorium shall apply to all privately owned pain management clinics, facilities, or
offices (including those which advertise in any medium) for the sale or dispensing of any type of
pain management services, or dispensing controlled substance medications, and defined as a
Schedule II, III, IV or V controlled substance as defined by Georgia law. A physician is
primarily engaged in the treatment of pain by prescribing or dispensing controlled substance
medications when the majority of the patients seen are prescribed or dispensed controlled
substance medications for the treatment of chronic nonmalignant pain.
Chronic nonmalignant pain is pain unrelated to cancer which persists: (1) beyond the
usual course of the disease or the injury that is the cause of the pain; or (2) more than 90 days
after surgery.
3.
The moratorium shall not apply to the following:
A licensed pharmacy of a hospital that dispenses such substances for the purpose of
inpatient or outpatient hospital care, a licensed pharmacy of a hospital or retail pharmacy
of a hospital that dispenses prescriptions for controlled substances at the time of dismissal
or discharge form such a facility, or a licensed pharmacy of a hospital or retail pharmacy of
a hospital that dispenses or administers such substances for long-term care patients or
inpatient hospice facilities;
An institutional pharmacy that serves only a health care facility, including, but not limited
to, a nursing home, an intermediate care home, a personal care home, or a hospice
program, which provides inpatient care and which pharmacy dispenses such substances to
be administered and used by a patient on the premises of the facility;
A practitioner or other authorized person who administers such a substance; or
A pharmacy operated by, on behalf of, or under contract with the Department of
Corrections for the sole and exclusive purpose of providing services in a secure
environment to prisoners within a penal institution. This shall include correctional
institutions operated by private entities in this state which house inmates under the
Department of Corrections.
4.
This Resolution shall be effective upon a majority vote by the City Council as ratified by
the Mayor of the City of Milton, Georgia.
RESOLVED, the public’s health, safety, and welfare demanding it, this the _____ day of
___________, 2011.
_____________________________
Joe Lockwood, Mayor
Attest:
______________________________
Sudie Gordon, City Clerk