HomeMy WebLinkAbout06-20-11 PacketPage 1 of 5
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.
CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Julie Zahner Bailey
Bill Lusk
Burt Hewitt
Joe Longoria
Alan Tart
Monday, June 20, 2011 Regular Council Meeting Agenda 6:00 PM
INVOCATION - Community Minister Tass Welch, Community of Christ Church, Milton, GA
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. 11-126)
4) PUBLIC COMMENT
5) CONSENT AGENDA
1. Approval of the May 9, 2011 Work Session Minutes.
(Agenda Item No. 11-127)
(Sudie Gordon, City Clerk)
2. Approval of Financial Statements for Period Ending October, 2010.
(Agenda Item No. 11-128)
(Stacey Inglis, Finance Director)
MILTON CITY COUNCIL REGULAR MEETING AGENDA JUNE 20, 2011
Page 2 of 5
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.
3. Approval of a Professional Services Agreement between the City of Milton and
Wolverton & Associates, Inc. for the Drainage Improvements located between Dinsmore
Road and Scarlet Oak Trail.
(Agenda Item No. 11-129)
(Carter Lucas, Public Works Director)
4. Approval of a Memorandum of Understanding between the City of Milton and GovDeals,
Inc. for Online Auction Services to Dispose of Surplus Capital Assets.
(Agenda Item No. 11-130)
(Stacey Inglis, Finance Director)
5. Approval of a License Agreement for Local Government Entities between American
Society of Composers, Authors and Publishers and the City of Milton, Georgia.
(Agenda Item No. 11-131)
(Cyndee Bonacci, Parks & Recreation Director)
6) REPORTS AND PRESENTATIONS (None)
7) FIRST PRESENTATION
1. Approval of an Amendment to the Alcohol Ordinance to Include Provisions to Allow
“Brown-Bagging”.
(Agenda Item No. 11- 132)
(Deborah Harrell, Chief of Police)
2. Approval of an Ordinance of the City Council to Authorize Fulton County to Conduct
Election.
(Agenda Item No. 11-133)
(Ken Jarrard, City Attorney)
3. Approval of an Ordinance to Amend Chapter 7, Alcoholic Beverages, of the City of
Milton Code of Ordinances to Authorize the Package Sales of Malt Beverages, Wine and
Distilled Spirits by Certain Retail Package Licensees during Certain Hours on Sundays;
to Provide for the Repeal of Conflicting Ordinances; to Authorize a Referendum on the
Package Sale of Alcoholic Beverages on Sundays; and for Other Lawful Purposes.
(Agenda Item No. 11-134)
(Ken Jarrard, City Manager)
8) PUBLIC HEARING (None)
MILTON CITY COUNCIL REGULAR MEETING AGENDA JUNE 20, 2011
Page 3 of 5
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.
9) ZONING AGENDA
1. RZ11-13/VC11-02 – 14355 Providence Road and Haystack Lane by Segars &
Snidow, LLC to rezone from C-1 (Community Business) and AG-1 (Agricultural)
to O-I (Office-Institutional) and AG-1 (Agricultural) to expand an existing
building and two existing buildings for a total of 5,740 square feet with the
following four part concurrent variance:
1) Sect. 64-730(c)(1) To reduce the 40 foot side yard setback to 10 feet along the
east property line;
2) Sect. 64-1433(e) To allow off-street parking within the side corner yard along
the east property line;
3) Sect. 64-1141(3)a. To reduce the 50 foot buffer and 10 foot improvement
setback along the west property line to 20 feet;
4) Sect. 64-1141(3)a. To reduce the 50 foot buffer and 10 foot improvement
setback along the north property line to 0 feet.
(Agenda Item No. 11-116)
(First Presentation on June 6, 2011)
(Lynn Tully, Community Development Director)
2. 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)
(First Presentation on June 6, 2011)
(Discussed at Work Session on June 13, 2011)
(Lynn Tully, Community Development Director)
3. 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)
(First Presentation on June 6, 2011)
(Discussed at Work Session on June 13, 2011)
(Lynn Tully, Community Development Director)
4. 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)
(First Presentation on June 6, 2011)
(Discussed at Work Session on June 13, 2011)
(Lynn Tully, Community Development Director)
MILTON CITY COUNCIL REGULAR MEETING AGENDA JUNE 20, 2011
Page 4 of 5
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.
5. RZ11-09 – Text Amendment to the Zoning Ordinance to Create “Prohibited Uses
in All Districts” (Sec. 64-395).
(Agenda Item No. 11- 094)
(First Presentation on June 6, 2011)
(Discussed at Work Session on June 13, 2011)
(Lynn Tully, Community Development Director)
6. RZ11-10 – Text Amendment to the Zoning Ordinance to Create “Separation
Standards for High Traffic Uses” (Sec. 64-218).
(First Presentation on June 6, 2011)
(Discussed at Work Session on June 13, 2011)
(Agenda Item No. 11- 095)
(Lynn Tully, Community Development Director)
7. RZ11-11 – Text Amendment to the Zoning Ordinance to amend definitions in
Section 64-1.
(First Presentation on June 6, 2011)
(Discussed at Work Session on June 13, 2011)
(Agenda Item No. 11-117)
(Lynn Tully, Community Development Director)
8. RZ11-12 – Text Amendment to the Zoning Ordinance to amend Roadside
vending in Section 64-1607.
(First Presentation on June 6, 2011)
(Discussed at Work Session on June 13, 2011)
(Agenda Item No. 11- 118)
(Lynn Tully, Community Development Director)
10) UNFINISHED BUSINESS (None)
11) NEW BUSINESS
1. Approval for City Clerk Sudie Gordon to serve as Chief Municipal Registrar and
Absentee Ballot Clerk.
(Agenda Item No. 11-135)
(Chris Lagerbloom City Manager)
12) MAYOR AND COUNCIL REPORTS
13) STAFF REPORTS
MILTON CITY COUNCIL REGULAR MEETING AGENDA JUNE 20, 2011
Page 5 of 5
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.
14) EXECUTIVE SESSION
15) ADJOURNMENT
(Agenda Item No. 11-136)
The minutes will be
Provided
electronically
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Director
Date: June 20, 2011 City Council Meeting
Agenda Item: Financial Status Report for Period 1 – October 2010
I apologize for the delay in getting these financial statements to you. The process of converting
to a new financial software created several issues that had to be worked out. We are slowly
working our way through the problems, but I am confident that the data is correct. As each
month is reconciled, I will release the financial statements for that month. Thank you for your
continued patience.
OVERVIEW AND FINANCIAL HIGHLIGHTS:
General Fund
Revenue collections for the General Fund are 1% higher than anticipated for the first
period of the fiscal year. Please remember that there are several revenue sources
whose collections in the first two periods of a new fiscal year will be accrued back to the
previous fiscal year. It is a generally accepted accounting principal to apply the revenue
to the period it is intended for. As an example, intangible taxes that were submitted to
us in October were actually for the month of September and should be posted
accordingly.
Total expenditures to date are $858,552 and are 15.3% less than expected for this
period of the fiscal year.
Capital Project Fund
Expenditures within this fund continue to occur on a project-by-project basis. With a
total project expenditures budget of $9,540,001, capital expenditures-to-date $73,044.
FINANCIAL OPERATIONS:
Tree Replacement Fund: Balance: $12,625
Sidewalk Replacement Fund: Balance: $70,558
City of MiltonSTATEMENT OF REVENUES & EXPENDITURESGeneral FundFor the Period Ending October 2010Actual BudgetedVarianceover/(under)Actual BudgetedVarianceover/(under)Property Tax8,607,691 - - - - - - Motor Vehicle Tax450,000 - - - - - - Intangible Tax160,000 - - - - - - Real Estate Transfer Tax37,000 - - - - - - Franchise Fees 1,700,000 - - - - - - Local Option Sales Tax3,540,000 - - - - - - Alcohol Beverage Excise Tax280,000 - - - - - - Business & Occupation Tax550,000 328 - 328 328 - 328 Insurance Premium Tax850,000 - - - - - - Financial Institution Tax26,000 - - - - - - Penalties & Interest 59,000 20 - 20 20 - 20 Alcohol Beverage Licenses 150,000 - - - - - - Other Non-Business Permits/Licenses 15,750 745 779 (34) 745 779 (34) Zoning & Land Disturbance Permits 23,000 1,625 1,917 (292) 1,625 1,917 (292) Building Permits 75,000 11,807 6,250 5,557 11,807 6,250 5,557 Intergovernmental Revenue - - - - - - - Other Charges for Service 318,000 21,348 17,625 3,723 21,348 17,625 3,723 Municipal Court Fines 502,500 33,306 41,875 (8,569) 33,306 41,875 (8,569) Interest Earnings 15,000 2,658 1,250 1,408 2,658 1,250 1,408 Contributions & Donations - - - - - - - Other Revenue 37,802 36,855 37,802 (947) 36,855 37,802 (947) Other Financing Sources - - - - - - - Total Revenue 17,396,743 108,693 107,498 1,195 108,693 107,498 1,195VarianceVarianceRevenue Annual BudgetCurrent MonthYear-to-DateOperating ExpendituresAnnual BudgetCurrent MonthYear-to-DateActual BudgetedVarianceover/(under)Actual BudgetedVarianceover/(under)Mayor and Council 166,912 6,629 8,718 (2,089) 6,629 8,718 (2,089) Clerk of the Council 224,741 16,453 16,972 (519) 16,453 16,972 (519) City Manager 297,343 21,439 22,544 (1,105) 21,439 22,544 (1,105) General Administration 548,694 80,347 81,717 (1,369) 80,347 81,717 (1,369) Finance 517,011 38,717 39,566 (848) 38,717 39,566 (848) Legal 240,000 10,312 20,000 (9,688) 10,312 20,000 (9,688) Information Technology 525,571 57,054 61,216 (4,162) 57,054 61,216 (4,162) Human Resources 238,606 16,357 19,062 (2,704) 16,357 19,062 (2,704) Risk Management 175,621 12,212 14,635 (2,423) 12,212 14,635 (2,423) Public Information & Marketing 85,371 6,470 7,454 (983) 6,470 7,454 (983) Municipal Court 226,604 16,356 16,146 209 16,356 16,146 209 Police 2,524,380 164,300 190,134 (25,834) 164,300 190,134 (25,834) Fire 4,196,653 299,065 317,888 (18,823) 299,065 317,888 (18,823) EMS Operations 136,881 11,021 11,407 (386) 11,021 11,407 (386) Public Works 1,513,980 31,596 120,111 (88,514) 31,596 120,111 (88,514) Parks & Recreation 357,374 14,389 18,347 (3,958) 14,389 18,347 (3,958) Community Development 652,724 55,834 47,938 7,896 55,834 47,938 7,896 Debt Service - Capital Lease Payment 716,543 - - - - - - Operating Transfers to Other Funds 3,918,284 - - - - - - Operating Reserve 133,450 - - - - - - Total expenditures 17,396,743 858,5521,013,854 (155,301) 858,552 1,013,854 (155,301)Net Income/(Loss)(749,859) (749,859)Operating ExpendituresAnnual Budget06/09/2011
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Milton Roundup Vendor Fee -$ 2,550$ 2,550$ 2,550$
Contributions & Donations 12,000 - - (12,000)
Interest Revenues - - - -
T-shirt Sales 500 126 126 (374)
Mayor's Run 2,000 - - (2,000)
Total revenues 14,500$ 2,676$ 2,676$ (11,824)$
EXPENDITURES
Current:
Special Events 49,500$ 6,178$ 6,178$ 43,322$
Total Expenditures 49,500$ 6,178$ 6,178$ 43,322$
OTHER FINANCING SOURCES (USES)
Transfers in from Hotel/Motel Tax Fund 35,000$ 4,270$ 4,270$ (30,730)$
Total other financing sources and uses 35,000$ 4,270$ 4,270$ (30,730)$
Net change in fund balances -$ 768$
Fund balances - beginning 44,203
Fund balances - ending -$ 44,971$
City of Milton
Special Events Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended October 31, 2010
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Cash Confiscations -$ -$ -$ -$
Interest Revenues - 5 5 5
Budgeted Fund Balance 2,800 - - (2,800)
Total revenues 2,800$ 5$ 5$ (2,795)$
EXPENDITURES
Current:
Police 2,800$ -$ -$ 2,800$
Total Expenditures 2,800$ -$ -$ 2,800$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$
Total other financing sources and uses -$ -$ -$ -$
Net change in fund balances -$ 5$
Fund balances - beginning - 7,520
Fund balances - ending -$ 7,525$
City of Milton
Confiscated Assets Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended October 31, 2010
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Wireless 911 Fees 700,000$ -$ -$ (700,000)$
Total revenues 700,000$ -$ -$ (700,000)$
EXPENDITURES
Current:
Public Safety 627,787$ 43,168$ 43,168$ 584,619$
Total Expenditures 627,787$ 43,168$ 43,168$ 584,619$
OTHER FINANCING USES
Unallocated 72,213$ -$ -$ (72,213)$
Total other financing sources and uses 72,213$ -$ -$ (72,213)$
Net change in fund balances -$ (43,168)$
Fund balances - beginning - 340,333
Fund balances - ending -$ 297,165$
City of Milton
E-911 Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended October 31, 2010
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues
SAFER Grant 50,032$ -$ -$ (50,032)$
Total revenues 50,032$ -$ -$ (50,032)$
EXPENDITURES
Current:
General Administration 3,350$ -$ -$ 3,350
Public Safety 128,153 - - 128,153
Public Works - - - -
Community Development - - - -
Total Expenditures 131,503$ -$ -$ 131,503$
Excess of revenues over expenditures (81,471) - - 81,471
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 81,471$ -$ -$ (81,471)$
Total other financing sources and uses 81,471$ -$ -$ (81,471)$
Net change in fund balances - -
Fund balances - beginning 3,423
Fund balances - ending -$ 3,423$
City of Milton
Operating Grant Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended October 31, 2010
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Taxes
Hotel/Motel Taxes 35,000$ -$ -$ (35,000)$
Total revenues 35,000$ -$ -$ (35,000)$
OTHER FINANCING SOURCES/(USES)
Transfers out to General Fund -$ -$ -$ -$
Transfers out to Special Events Fund (35,000) - - 35,000
Total other financing sources and uses (35,000)$ -$ -$ 35,000$
Net change in fund balances - -
Fund balances - beginning - -
Fund balances - ending -$ -$
City of Milton
Hotel/Motel Tax Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended October 31, 2010
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Charges for Service
Infrastructure Maintenance Fee 65,000$ -$ -$ (65,000)$
Landfill Host Fees 155,000 - - (155,000)
Tree Recompense 12,625 - - (12,625)
HYA Fees 20,000 - - (20,000)
Interest Revenue 2,000 - - (2,000)
Realized Gain or Loss on Investments 2,000 - - (2,000)
Sidewalk Replacement Account 70,558 - - (70,558)
Total revenues 327,183 -$ -$ (327,183)$
EXPENDITURES
Capital Outlay
City Council 425,000$ 68,900$ 68,900$ 356,100$
General Admin 15,000 - - 15,000
Finance 44,475 - - 44,475
IT 46,000 - - 46,000
Police 212,613 2,657 2,657 209,956
Fire 463,688 - - 463,688
Public Works 6,136,118 487 487 6,135,631
Parks & Recreation 1,857,798 1,000 1,000 1,856,798
Community Development 339,309 - - 339,309
City of Milton
Capital Project Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended October 31, 2010
Total Capital Outlay 9,540,001$ 73,044$ 73,044$ 9,466,957$
Excess of revenues over expenditures (9,212,818) (73,044) (73,044) (9,794,140)
OTHER FINANCING SOURCES/(USES)
Transfers in from General Fund 3,598,573$ -$ -$ (3,598,573)$
Unallocated (98,933) - - 98,933
Budgeted Fund Balance 5,713,178 - - (5,713,178)
Total other financing sources and uses 9,212,818 - - (9,212,818)
Net change in fund balances - (73,044)
Fund balances - beginning 5,940,006
Fund balances - ending -$ 5,866,962$
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues
GDOT HPP Funds 3,365,794$ -$ -$ (3,365,794)$
LCI Funds 100,000 - - (100,000)
GA Urban Forestry Grant 20,000 - - (20,000)
MARTA Grant 613,000 - - (613,000)
Interest Revenues - - - -
Total revenues 4,098,794$ -$ -$ (4,098,794)$
EXPENDITURES
Capital Outlay
Public Works 4,473,608$ -$ -$ 4,473,608$
Community Development 150,000 - - 150,000
Total Capital Outlay 4,623,608$ -$ -$ 4,623,608$
Excess of revenues over expenditures (524,814) - - 524,814
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 238,240$ -$ -$ (238,240)$
Budgeted Fund Balance 286,574 - - (286,574)$
Total other financing sources and uses 524,814$ -$ -$ (524,814)$
Net change in fund balances - -
Fund balances - beginning 880,161
Fund balances - ending -$ 880,161$
City of Milton
Capital Grant Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended October 31, 2010
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Carter Lucas, PE – Public Works Director
Date: June 10, 2011 for the June 20, 2011 Council meeting
Agenda Item: Approval of a Professional Services Agreement between the City of Milton
and Wolverton &Associates, Inc. for drainage improvements located between
Dinsmore Road and Scarlet Oak Trail
Background:
This project is being reviewed in response to a complaint received regarding drainage from the
right-of-way of Dinsmore Road. Following a legal review of the facts of the case it has been
determined that the city should proceed with the design evaluation to determine a possible
solution to the situation.
Discussion:
This project is being reviewed for possible drainage impacts to downstream properties due to
runoff from the Dinsmore Road right-of-way. It has been brought to the city’s attention that
runoff from the Dinsmore Road right-of-way is being directed across the downstream property
without the benefit of a drainage easement. This project is to evaluate potential solutions to the
complaint and acquire the necessary easement(s) to convey the runoff from Dinsmore Road to
the drainage system under Scarlet Oak Trail.
Staff is recommending approval of a professional services agreement with Wolverton &
Associates, Inc. in the amount of $3,199 to perform this work.
The budget for this work will come from the capital stormwater fund. This expenditure will not
cause us to overspend this account.
Legal Review:
Paul Higbee, Jarrard & Davis on 5/23/2011
Attachments:
1. Agreement
i City of Milton
PROFESSIONAL SERVICES AGREEMENT — SHORT FORM
AGREEMENTS $10,000.00 OR LESS
640 Scarlet Oak Trail and Dinsmore Road
This Professional Services Agreement (the "Agreement") is made and entered into this day of
, 2011, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as
the "City"), and Wolverton & Associates, Inc. (hereinafter referred to as the "Consultant").
WITNESSETH THAT:
WHEREAS, the City desires to employ a Consultant to perform the services described herein (the
"Work"); and
WHEREAS, Consultant has familiarized itself with the Contract Documents, as defined below, the Work,
and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations.
NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein
and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as
follows:
Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto
and incorporated herein by reference, constitute the "Contract Documents":
EXHIBIT A WORK DESCRIPTION
EXHIBIT B INSURANCE CERTIFICATE
To the extent that there may be any conflict among the Contract Documents, the provision operating most
to the benefit of the City shall govern.
Section 2. The Work: Consultant shall provide all Work described in the Contract Documents.
Unless otherwise stated in the Contract Documents, the Work shall include Consultant's provision of
materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally
described as professional engineering services related to the design of drainage improvements associated
with Dinsmore Road and 640 Scarlet Oak Trail.
Section 3. Contract Time: Consultant understands that time is of the essence of this Agreement and
warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress
of the Work. It shall commence Work pursuant to this Agreement on or before a date to be specified on a
written "Notice to Proceed" from the City and shall fully complete the Work within 30 days of the
"Notice to Proceed".
Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as
defined below, shall require a written change order executed by the City in accordance with its purchasing
regulations.
Section 5. Compensation and Method of Payment: City agrees to pay Consultant for the services
performed and costs incurred by Consultant upon the City's certification that the services were actually
performed and costs actually incurred in accordance with this Agreement. Compensation for services
performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's
receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the
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services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted.
The total amount paid under this Agreement for the Work shall not, in any case, exceed a lump sura fee of
$3,199 (the "Contract Price"), except as outlined in Section 4 above. Consultant shall take no calculated
risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform
the Work within the budgetary limitations established without disregarding sound principles of
Consultant's industry, Consultant will give written notice thereof immediately to the City.
Section 6. Covenants of Consultant
A. Assignment of Agreement: Consultant covenants and agrees not to assign or transfer any interest
in, nor delegate any duties of this Agreement, without the prior express written consent of the
City.
B. Responsibility of Consultant and Indemnification of City_: Consultant covenants and agrees to
take and assume all responsibility for the services rendered in connection with the Work.
Consultant shall bear all losses and damages directly resulting to it on account of the negligent
performance or character of the services rendered pursuant to this Agreement. Consultant shall
defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and
appointed officials, employees and agents from and against any and all claims, suits, actions,
liability, judgments, damages, losses, and expenses, including but not limited to, reasonable
attorney's fees, which are the result of willful or negligent acts, or tortious conduct to the extent
arising out of the negligent performance of contracted services, or operations by Consultant, any
sub -consultant, anyone directly employed by Consultant or sub -consultant or anyone for whose
negligent acts Consultant or sub-conconsultant may be liable, regardless of whether or not the
negligent act is caused in part by a party indemnified hereunder.
C. Independent Consultant: Consultant hereby covenants and declares that it is engaged in an
independent business and agrees to perform the Work as an independent Consultant, not as agent
or employee of City. Inasmuch as City and Consultant are parties independent of one another,
neither has the authority to bind the other to any third person or otherwise to act in any way as
the representative of the other, unless otherwise expressly agreed to in writing by both parties.
Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow
any employee to do so, unless specifically authorized, in advance and in writing, and then only
for the limited purpose stated in such authorization. Consultant shall assume full liability for any
contracts or agreements Consultant enters into on behalf of City without the express knowledge
and prior written consent of City.
D. Insurance: Consultant shall have and maintain in full force and effect for the duration of this
Agreement, insurance approved by the City as shown on Exhibit B.
E. Licenses, Certifications and Permits: Consultant covenants and declares that it has obtained and
will maintain all diplomas, certificates, licenses, permits or the like required by any national,
state, regional, City, and local boards, agencies, commissions, committees or other regulatory
bodies to perform the Work. Consultant shall comply with applicable legal requirements and
meet the standard of quality ordinarily expected of its industry.
F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the
process of being prepared for the Work by Consultant ("materials") shall be the property of the
City and the City shall be entitled to full access and copies of all materials. All copyrightable
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subject matter in all materials is hereby assigned to the City and Consultant agrees to execute
any additional documents necessary to evidence such assignment.
G. Consultant's Representative: Mario Macrina shall be authorized to act on Consultant's behalf with
respect to the Work as Consultant's designated representative.
H. Confidentiality: Consultant acknowledges that it may receive confidential information of the
City and that it will protect the confidentiality of any such confidential information and will
require any of its sub -consultants, consultants, and/or staff to likewise protect such confidential
information.
Meetings: Consultant shall meet with City's personnel or designated representatives to resolve
technical or contractual problems that may occur during the term of the contract, at no additional
cost to City.
Section 7. Standard of Care: In providing services under this Agreement, the Consultant shall
perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the
same profession currently practicing under similar circumstances at the same time and in the same or
similar locality.
Section S. Termination: The City may terminate this Agreement for convenience at any time upon
written notice to Consultant. Provided that no damages are due to the City for Consultant's breach of this
Agreement, the City shall pay Consultant for Work performed to date in accordance with Section 5 herein.
Section 9. Miscellaneous
A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia.
B. Counterparts. This Agreement may be executed in any number of counterparts, each of which
shall be deemed to be an original, but all of which together shall constitute one and the same
instrument.
C. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's
sovereign immunity or any individual's qualified good faith or official immunities.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first
above written.
[SIGNATURES ON THE FOLLOWING PAGE]
Page 3 of 4
[Wolverton & Associates, Inc.]
Signature:
Title: Chief
[AFFIX CORPORATE SEAL]
CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
Printed Name: Joseph R. Macrina
Page 4of4
Exhibit A
Work Description
Wolverton & Associates, Inc. will prepare a construction plan for the drainage improvements
located between Dinsmore Road and Scarlet Oak Trail, specifically at lots d and 7 of The
Oaks at White Columns subdivision. The plans will consist of a construction layout including
grading details and erosion BMPs, a special drop inlet detail and pipe design to convey the
stormwater runoff from Dinsmore Road to the existing catch basin adjacent to Scarlet Oak
Trail. The scope excludes any permitting, specifications, right-of-way plats, shoulder and clear
zone improvements. The plan will be provided to the City in order to solicit bids. All work
shall comply with applicable city and state regulations.
Wolverton & Associates, Inc.
Fee Proposal - Estimate of Hours
Project: The Oaks at White Columns Project Number: Date: 05/19/11
W&A
Phase Code
Task
—HOURS
Admin CAD Engineer] besigner PPE/ TL
Tota I
Hours
Total Fee
C1/C2 C3 I C4/C5
E1 E2 E3
E4 E5
1320
1320; Preliminary Road Plans
1 Construction Plan
4 4
8
$812
2 Storm Drain Design
11 2
3
$314
3 Erosion Plans and Details
1 1
2
$203
4 Grading
2
2
$222
5 Misc. Notes and Details
2 2
4
$406
61 Site Visit
21
1 2
$222
7 Drainage Analysis
2
2
$222
8 Project Management
1 2
3
$399
9 QA/4C
2
2
$288
10 Document5ubmittal I I I I I I 1 11 1 1 1 $111
Total 0 D 8 R 0 ❑ 17 4 ❑ 29 $3,199
Exhibit B
Insurance Certificate
---MIN TOBI
acv►ro CERTIFICATE OF LIABILITY INSURANCE DATE18120IY
5!18121]1
�-� 11
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER{S}, AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
CONTACT
PRODUCER (678) 690-5990 NAME: Billie Towles
Crow Friedman Group of Georgia, Inc. PHCN o Ecl: 678 690-5990 Fw°xC No: 678 690-5992
1255 Lakes Pkwy E-MAIL
ADDRESS: billie@crowfriedman.com
Bldg 100 Suite 120 FKVUV ER WOLV$rAS-01
Lawrenceville, GA 30043 CUSTOMER ID #:
INSURED Wolverton & Associates, Inc.
6745 Sugarloaf Pkwy.
Suite 104
Duluth, GA 30097
rnVFIZAC;FS rFRTIFlr.ATF NI IMRFR•
INSURERS AFFORDING COVERAGE
INSURER A:Charter Oak Fire Insurance Comp.
INsURERB:Phoenix Insurance Company
INSURER C :Travelers Property & Casualty Co.
INSURERV IXL Specialty Insurance Compal
INSURER E :
INSURER F :
RFVI-SKIN Nl1MRFR-
NAIL #
25615
THIS IS TOCERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES- LIMITS SHOWN MAY HAVE E BEEN REDUCED BY PAID CLAIMS-
INSR TYPE OF IN :ADDL SUBRR - ' ' POLICY EFF POLICY EXP LIMITS
LTR WVD POLICY NUMBER MMIDDIYYYY MMIDDIYYYY
GENERAL. LIABILITY
AUTHORIZED REPRESENTATIVE
Columbia, SC 29250-
EACH OCCURRENCE S 1,000,00
A
X COMMERCIAL GENERAL LIABILITY
680-1445L661 I, 51112911
5/1/2012 DAMAGE TO RENTED 1 000 00
PREMISES Eaoccurrence $
CLAIMS -MADE FxI OCCUR
_
MED EXP (Any one person) $ 10,00
PERSONAL & ADV INJURY- _ S 1,000,00
GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
. PRODUCTS - COM PIOPAGG S 2,000,000
PQLICY x1 PE4 -- LOG
$ —
. AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $ 1'000'000
B
ANY AUTO
BA -200$M5$3
5/112011
5/112012
[Ea accident]
BODILY INJURY (Per person) $
ALL OW NE AUTOS
60f71LY INJURY [Per accident) S
SCHEDULED AUTOS
PROPERTY DAMAGE '
%( HIRED AUTOS
$
(Per accident)
X NON -OWNED AUTOS
$
$
X
UMBRELLA LIAS X IOCCUR
EACH OCCURRENCE
$ 5,BB0,88
AGGREGATE
$ 5,000,00
C
EXCESS LIAB CLAIMS -MADE
-
CUP-621BY123 5/1/2011
5/1/2012
—
DEDUCTIBLE
$
S
X
RETENTION S 10,000
WORKERS COMPENSATION-
x WC STATU• OTH-
AND EMPLOYERS' LIABILITY
YIN
T0RYL3MIT$_,_--_ ER
_
$ 1,000,00
B
ANY PROPRIETOR`PARTNEWEXECUTIVE
UB -5884Y607 511/2611
5/112012
E.L. EACH ACCIDENT
OFFICERIMEMBER EXCLUDED?
{Mandatory in NHI
NIA
E.L. DISEASE - EA EMPLOYE
$ 1.,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
D Professional Liability
DPR9690137 1012912010
10129/2011
Each Clairn $2,000,00
D Professional Liability
IDPR9690137 10/29/2010
10/2912811
Aggregate $5,000,00
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES {Attach ACORD 101, Additional Remarks SchsduIn, it more space is req uiredI
Job Mame: Riverwatch Parkway - The LPA Group Incorporated and City of Augusta, 530 Greene Street, Augusta, GA 30901 are included as
additional insured on referenced General Liability Policy provided it is a requirement of written contract or agreement.
rGGTICIrATC unl noo rAIUrr-1 I ATInti
U 19UU-2000 A(;UKL) L:UKPE)RA I ION. All r]gnts reserved.
ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
The LPA Group Incorporated
P p
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISEONS.
Attn: Risk Managemetn Group
P. O. Box $803
AUTHORIZED REPRESENTATIVE
Columbia, SC 29250-
U 19UU-2000 A(;UKL) L:UKPE)RA I ION. All r]gnts reserved.
ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD
City of Milton
13000 Deerfield Parkway, Suite 100 Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Director
Date: June 20, 2011 Council Meeting
Agenda Item: Approval of a Memorandum of Understanding between the City of Milton and
GovDeals, Inc. for Online Auction Services to Dispose of Surplus Capital Assets
Background:
The City of Milton’s vehicles and equipment have reached the age where it becomes more cost
effective to begin replacing them rather than maintaining them. If an asset cannot be
repurposed elsewhere within the City, it must be retired and disposed of. According to the
capital asset policies, an asset with a value less than $500 may be sold using any available
method with the approval of the City Manager. If the value is $500 or more, it must be disposed
of by an auction or sealed bid.
Discussion:
One of the best known companies that provide online auction services for government agencies
is GovDeals, Inc. They’ve been in operation for ten years and service over 3,500 cities and
counties throughout the United States. They have a bidder base of over 220,000 and assist in
the sale of $8 - $11 million worth of assets per month.
GovDeals charges a fee of 7.5% of the winning bid if we choose to collect the proceeds of the
sale from the bidder or a 12.5% fee if GovDeals collects the proceeds and sends them to the
City (see Exhibit A). We can choose the collection method and whether or not we pass all,
none, or a portion of the fee on to the bidder. After reviewing the options and taking into
consideration the small volume of assets that will be disposed of, I recommend that the City
collects the proceeds of the sale from the bidder and pass the full 7.5% fee on to the bidder.
There will be no cost to the City. If we find that this is not the best method, we can always
change it.
Alternatives:
Approving this MOU is simply giving the City one more tool that can be utilized when
determining how to dispose of a capital asset. There are a couple of other companies that offer
the online auction services for municipalities, but none that are as experienced or that have as
large of a bidder base as GovDeals, Inc.
Concurrent Review:
Chris Lagerbloom, City Manager
Ken Jarrard, Attorney at Law
1
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GovDeals
Online Auction Memo of Understanding
This Online Auction Memo of Understanding (MOU) is between GovDeals, Inc. (“GovDeals”), a Delaware
corporation having its principal place of business at 5907 Carmichael Place, Montgomery, Alabama, 36117
and City of Milton (“Client”), having its principal place of business at 13000 Deerfield Parkway,
Suite 107G, Milton, Georgia 30004.
1.0 Description of Services: GovDeals provides a means for Client to post assets for sale and for
potential buyers to bid on these assets via an online auction system. Although GovDeals provides
system access for Client to list assets, GovDeals is not a party to the actual sale and has no control
over the listed information or the ability of the buyer and Client to complete the transaction.
2.0 GovDeals’ Responsibilities: In addition to maintaining and operating an online auction system,
GovDeals will provide Client with the following services for the period agreed to in 5.0 below:
2.1 Access to a GovDeals online “Client Asset Server” (CAS), which will allow Client to load assets
to the online auction system, maintain information about assets and view and run reports. The
CAS will provide Client with the following capabilities:
Accept descriptive information concerning an asset including unlimited photos
Allow different auction phases based upon dates and times
Allow Client to set minimum starting prices, bid increments and reserves
2.2 Training and support services to assist Client in implementing the GovDeals online auction
system, which will include:
Familiarization with the nature and operation of CAS
Guidance in the posting of assets and provide ongoing support
Procedures for taking and posting pictures of assets
Based on mutual agreement between GovDeals and Client, training and support
services will be provided on-site or via telephone or Internet
2.3 Help Desk support available via telephone or email during normal business hours, except
announced holidays.
2.4 Provide marketing of assets posted to the online auction site and promote use of the site to
potential buyers.
Work with Client to identify items that may benefit from marketing attention.
Provide documented proof of all marketing efforts made on behalf of Client.
Assist in determining values and starting prices for unique and high dollar assets.
3.0 Fees: Please elect a Flexible Pricing Option (FPO) from Exhibit A and enter selection below
signature block on MOU page two (2).
4.0 Payment:
4.1 If Client elects to collect auction proceeds, GovDeals will invoice Client for fees on the first
business day of the month following the month assets are sold. Client agrees to remit payment to
GovDeals within thirty (30) calendar days from receipt of invoice,
unless an applicable prompt payment act or similar legislation specifies a different time period.
2 | P a g e
4.2 Client shall promptly, but no more than fifteen (15) business days after the auction end date,
notify GovDeals of any transaction that was not completed. The fees for said transaction shall be
credited to Client during the next invoice period.
4.3 If Client elects GovDeals to collect auction proceeds electronically via PayPal, credit card or wire
transfer please review and complete Exhibit B.
5.0 Term of MOU: This MOU shall commence on the date it is signed by the second party to do so and
shall terminate absolutely and without further obligation on the part of the Participants at the close of
the calendar year in which it is executed and at the close of each succeeding calendar year for which it
may be renewed. This contract shall be automatically renewed for a one-year term each January 1
unless the Participants provides written notice of its intent not to renew the contract no later than 30
days prior to the end of the calendar year. Any financial obligation of the Client shall be only for
those sums payable during the calendar year of execution or, in the event of a renewal as outlined
above, for those sums payable in the individual calendar year renewal term. Nothing herein shall
deem to create a debt of the client for the payment of any sum beyond the calendar year of execution
or, in the event of a renewal, beyond the calendar year of each renewal.
6.0 Terms and Conditions: Please find Exhibit C attached as an example of suggested Client Terms and
Conditions. At any time during the term of this MOU, Client may modify the Terms and Conditions.
Any substitutions or modification must be submitted to GovDeals in writing before posting assets to
the GovDeals auction site.
7.0 Governance: This MOU will be governed, interpreted, construed and enforced in accordance with
the laws of the State of Georgia. This agreement is at all times intended to comport with, and should
be interpreted so as to comport with, O.C.G.A. Section 36-60-13.
8.0 Non-Exclusive Engagement: This MOU is not exclusive. Client may utilize other approaches,
including traditional auctioneer services or sealed bids. However, it is understood and agreed that
Client will not utilize other disposal approaches for an asset at the same time the asset is listed on the
GovDeals online auction site or sell by some other means to a prior bidder any item currently or
previously listed on the GovDeals site for the purpose of avoiding payment of the GovDeals fee.
Client agrees to not manipulate or interfere with the bidding process on the GovDeals site.
This online auction memo of understanding is agreed to by:
GovDeals, Inc Client: City of Milton
Signature: _______________________________ Signature: ____________________________
Print Name: _Robert L. DeBardelaben_________ Print Name:_Joe Lockwood______________
Title: _______President ___________________ ____ Title: _Mayor__________________________
Date: ___________________________________ Date: _________________________________
Memo of Understanding Contact:
Attention: Sales Support
5907 Carmichael Place
Montgomery, AL 36117
Telephone Number: 866.377.1494
Fax Number: 334.387.0519
Email: salessupport@govdeals.com
Flexible Pricing Options (FPO)
Select one from options described in GovDeals Memo
of Understanding- Exhibit A:
Client Collects Proceeds
Option A1 (7.5% Seller- 0% Buyer)
Option A2 (0% Seller- 7.5% Buyer)
Client elects FSS (GovDeals collects Proceeds)
Option B1 (7.5% Seller- 5% Buyer)
Option B2 (5% Seller- 7.5% Buyer)
Option B3 (2.5% Seller- 10% Buyer)
Option B4 (0% Seller- 12.5% Buyer)
X
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EXHIBIT A - Online Auction Memo of Understanding
Flexible Pricing Options (FPO)
The Client has the option to choose from the following alternative plans:
A - Client Collects Proceeds
Option A1: The Client pays a 7.5%* fee which will be reduced according to the Tiered Fee
Reduction Schedule (described below). GovDeals will invoice the client each month for fees on
items sold in the previous month. The client is allowed thirty (30) calendar days from date of
invoice receipt to remit payment.
Option A2: The Client pays a 7.5%* fee but is given the capability to easily pass the entire fee on
to the winning bidder as an Administrative Fee. The client is only allowed to pass on to the
winning bidder the amount charged to them based on the tiered pricing schedule above. The
amount invoiced to the winning bidder will include the gross sale amount of the item, the
administrative fee, any special fees and sales taxes, if any. By passing this fee on to the winning
bidder, the client’s effective fee is zero percent (0%). GovDeals will invoice the client each month
for fees on items sold in the previous month. The client is allowed thirty (30) calendar days from
date of invoice receipt to remit payment.
B - Client Elects GovDeals Financial Settlement Services (FSS) allowing GovDeals to Collect
Proceeds. Only one option below can be used and once this option is chosen, it cannot be
changed for twelve (12) months.
Option B1: The Client pays a 7.5%* fee and the winning bidder pays a 5% Buyers Premium. **
Option B2: The Client pays a 5%* fee and the winning bidder pays a 7.5% Buyers Premium.
Option B3: The Client pays a 2.5%* fee and the winning bidder pays a 10% Buyers Premium.
Option B4: The Client pays zero percent fees (0%) and the winning bidder pays a 12.50% Buyers
Premium.
Tiered Fee Reduction Schedule
GovDeals’ Tiered Fee Reduction Schedule below explains how the base auction fee of 7.5% is
reduced for assets that sell in excess of $100,000 on www.govdeals.com.
1. When an asset sells for up to $100,000 in a winning bid, the GovDeals fee is seven and one-
half percent (7.5%) of the winning bid, but not less than $5.00.
2. Where an asset sells for more than $100,000, and up to $500,000 the GovDeals fee is seven and
one-half percent (7.5%) of the winning bid up to $100,000, plus five and one-half percent (5.5%)
of the winning bid for auction proceeds in excess of $100,000 up to $500,000.
3. Where an asset sells for greater than $500,000, and up to $1,000,000 the GovDeals fee is seven
and one-half percent (7.5%) of the first $100,000 of the winning bid, plus a fee of five and one-half
percent (5.5%) of the next $400,000 of the winning bid, plus a fee of three and one-half percent
(3.5%) of the bid amount in excess of $500,000 up to $1,000,000.
4. Where an asset sells for greater than $1,000,000 the GovDeals fee is seven and one-half percent
(7.5%) of the first $100,000 of the winning bid, plus a fee of five and one-half percent (5.5%) of
the next $400,000 of the winning bid, plus a fee of three and one-half percent (3.5%) of the next
$500,000 of the winning bid, plus a fee of two and one-half percent (2.5%) of the bid amount in
excess of $1,000,000.
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*Subject to a minimum per asset/lot fee of $5.00. **If the Client chooses to pay the full 7.5% fee, they will
have access to the Tiered Fee Reduction Schedule.
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EXHIBIT B - Online Auction Memo of Understanding
Financial Settlement Services (FSS)
It is understood the Client elects GovDeals to collect all proceeds due the Client from the winning bidder
and remit the proceeds to the Client less the GovDeals fee. Optionally, the Client may elect to not have
GovDeals withhold the fee by electing the appropriate section on the following page of this exhibit.
GovDeals will charge the winning bidder a “Buyer‟s Premium”, therefore, the Client is not allowed to charge
the winning bidder an additional “Buyer‟s Premium”.
GovDeals will collect all proceeds from the winning bidder, including the “Buyer‟s Premium” through PayPal,
credit card or wire transfer. This is the only means of payment by the bidder.
The Client will not release an asset to the winning bidder until the Client has received verification from
GovDeals that payment has been received from the winning bidder. Prior to an item being released to the
winning bidder, the Client will ensure the winning bidder or his/her agent has signed a “Bill of Sale”
containing the following notation: “Asset is sold as is, where is and without warranty. Once the asset is
removed from the seller's premises there is no refund of monies previously paid”. The Bill of Sale must be
printed from the Client Asset Server (CAS). Any other “Bill of Sale” used by the Client must be submitted to
GovDeals for approval.
No proceeds will be remitted to the Client for any asset sold without verification of payment from GovDeals
and verification from the Client the item has been picked up by the winning bidder. Approved payment from
the winning bidder through PayPal, credit card or wire transfer will be noted in CAS. It is the Client‟s
responsibility to notify GovDeals when an item has been picked up, which is accomplished by the Client
accessing CAS and selecting the “Picked Up” option from the “Paid, not picked up” report.
GovDeals will remit all proceeds collected, less the “Buyer‟s Premium” and the GovDeals fee to the Client
on a weekly basis for all assets marked in CAS as „Picked Up‟. However, if you choose to be invoiced for
the GovDeals‟ fee, GovDeals will remit all proceeds collected, less the “Buyer‟s Premium” only. All proceeds
will be remitted electronically by Automatic Clearing House (ACH) unless elected on the following page of
this exhibit to receive a paper check. Whether proceeds are remitted electronically via ACH or via paper
check, a detailed backup will be submitted to the Client to support the amount remitted.
Under no circumstance will the Client collect any proceeds directly from the winning bidder and if requested
to do so, the Client should refer the winning bidder directly to GovDeals for payment instructions.
GovDeals will absorb all costs of Charge Backs by PayPal or a credit card company where an item is
released to the winning bidder after the Client receives proper payment notification from GovDeals,
GovDeals receives proper pickup notification from the Client and the Client obtained and retained a signed
“Bill of Sale” from the winning bidder.
GovDeals will refund proceeds collected to the winning bidder in those rare occasions where the winning
bidder pays for an asset but never picks it up and subsequently convinces PayPal or the credit card
company to withdraw the amount from GovDeals‟ bank account. It is the Client‟s responsibility to request a
credit on the asset paid for but not picked up as soon as the allowable pick up time passes. By taking the
credit, it insures GovDeals will not charge the Client a fee and will allow the Client to resell the asset. If the
asset is mistakenly placed in „picked up‟ status by the Client and GovDeals has remitted payment, the
Client agrees to refund this amount back to GovDeals.
A GovDeals‟ Client Services Representative or a GovDeals Help Desk Representative will train the Client
on how to effectively use the Financial Settlement Services feature and provide ongoing support as needed.
There are no additional costs to the Client for training and support.
GovDeals is covered by a Crime Insurance Policy with a limit of $5,000,000, which will protect the Client
against any loss of funds.
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Financial Settlement Services (FSS) Election and Information
Please complete payment instructions below:
If client elects FSS, this section must be completed when submitting the signed MOU back to GovDeals.
Accounting Contact: _________________________________________
(Person to receive checks and invoices) Name and Title
E-Mail Address: _________________________________________
Phone Number: _________________________________________
(Please choose only one option for payment)
If payment will be made by ACH, please provide the following information:
OR:
If payment will be made by paper check, please provide the following information:
Make check payable to: _________________________________________
Client‟s Legal Name
Mail check to: _________________________________________
Street Address / P.O. Box Number
_________________________________________
City, State and Zip Code
Please check here only if Client elects to NOT allow GovDeals to deduct the GovDeals fees from proceeds
due the client.
Name of Bank
County of Bank
Name of Client: (Name on bank account)
Bank Routing Number
Bank Account Number
Checking/Savings
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EXHIBIT C - Online Auction Memo of Understanding
City of Milton
Milton, Georgia
Online Sales - Terms and Conditions
All bidders and other participants of this service agree they have read and fully understand
these terms and agree to be bound thereby.
Guaranty Waiver. All assets are offered for sale “AS IS, WHERE IS.” City of Milton (Seller)
makes no warranty, guaranty or representation of any kind, expressed or implied, as to the
merchantability or fitness for any purpose of the property offered for sale. The Buyer is not
entitled to any payment for loss of profit or any other money damages – special, direct, indirect or
consequential.
Description Warranty. Seller warrants to the Buyer the property offered for sale will conform to
its description. Any claim for misdescription must be made prior to removal of the property. If
Seller confirms the property does not conform to the description, Seller will keep the property and
refund any money paid. The liability of the Seller shall not exceed the actual purchase price of the
property. Please note upon removal of the property, all sales are final.
Personal and property risk. Persons attending during exhibition, sale or removal of goods
assume all risks of damage of or loss to person and property and specifically release the seller and
GovDeals from liability therefore.
Inspection. Most assets offered for sale are used and may contain defects not immediately
detectable. Bidders may inspect the property prior to bidding. Bidders must adhere to the
inspection dates and times indicated in the asset description. See special instructions on each asset
page for inspection details.
Consideration of Bid. Seller reserves the right to reject any and all bids and to withdraw from
sale any of the assets listed.
Buyer’s Certificate. Successful bidders will receive a Buyer’s Certificate by email from
GovDeals.
Buyers Premium. If a Buyers Premium is shown on the auction page bidder box, then that
amount (expressed as a percentage of the final selling price) will be added to the final
selling price of all items in addition to any taxes imposed.
Payment. Payment in full is due not later than 5 business days from the time and date of the
Buyers Certificate. Payment must be made electronically through the GovDeals Website.
Acceptable forms of payment are:
PayPal
Wire Transfer
Visa
MasterCard
American Express
Discover
8 | P a g e
PayPal and Credit Card purchases are limited to below $5,000.00. If the winning bid plus
applicable taxes, if any indicated, and the buyer's premium, equals more than $4,999.99, PayPal
and Credit Cards may not be used. If Wire Transfer is chosen, a Wire Transfer Transaction
Summary page will provide payment and account information. The Wire Transfer must be
completed within 5 days.
*The next section (payment) is used if the client collects the proceeds and may be modified
to reflect exact forms of payment accepted by the client. The Buyers Premium and
Payment section (above) is used only when GovDeals collects proceeds.
*Payment. Payment in full is due not later than 5 business days from the time and date of the
Buyer‟s Certificate. Acceptable forms of payment are:
U. S. Currency
Certified Cashiers Check
Money Order
Company Check (with Bank Letter guaranteeing funds – mandatory)
Checks shall be made payable to: City of Milton. Payments shall be made at the location listed
in the Buyer‟s Certificate.
Removal. All assets must be removed within ten (10) business days from the time and date of
issuance of the Buyer’s Certificate. Purchases will be released only upon receipt of payment as
specified. Successful bidders are responsible for loading and removal of any and all property
awarded to them from the place where the property is located as indicate d on the website and in
the Buyer’s Certificate. The Buyer will make all arrangements and perform all work necessary,
including packing, loading and transportation of the property. Under no circumstances will Seller
assume responsibility for packing, loading or shipping. See special instructions on each asset page
for removal details. A daily storage fee of $10.00 may be charged for any item not removed within
the ten (10) business days allowed and stated on the Buyer’s Certificate.
Vehicle Titles. Seller will issue a title or certificate upon receipt of payment. Titles may be
subject to restrictions as indicated in the asset description on the website.
Default. Default shall include (1) failure to observe these terms and conditions; (2) failure to
make good and timely payment; or (3) failure to remove all assets within the specified time.
Default may result in termination of the contract and suspension from participation in all future
sales until the default has been cured. If the Buyer fails in the performance of their obligations,
Seller may exercise such rights and may pursue such remedies as are provided by law. Seller
reserves the right to reclaim and resell all items not removed by the specified removal date.
Acceptance of Terms and Conditions. By submitting a bid, the bidder agrees they have read,
fully understand and accept these Terms and Conditions, and agree to pay for and remove the
property, by the dates and times specified. These Terms and Conditions are displayed at the top of
each page of each asset listed on GovDeals. Special Instructions appearing on the asset page will
override certain sections of the terms and conditions.
State/Local Sales and/or Use Tax. Buyers may be subject to payment of State and/or local sales
and/or use tax. Buyers are responsible for contacting seller or the appropriate tax office,
completing any forms and paying any taxes that may be imposed.
Sales to Employees. Employees of the Seller may bid on the property listed for auction, so long
as they do NOT bid while on duty. (This may be modified to not allow employees to bid.)
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Chief Deborah Harrell
Date: Submitted on June 10, 2011 for the June 20, 2011 Regular Council Meeting
Agenda Item: Approval of an Amendment to the Alcohol Ordinance to Include Provisions to
Allow “Brown-bagging”.
City Manager’s Office Recommendation:
Approval of changes to the City’s Alcohol Ordinance to allow provisions for “brown bagging”.
Background:
It was brought to City staff attention that at least one art studio in the city would like to allow
patrons to bring their own alcohol into the business for personal use. The current alcohol
ordinance prohibits this.
Discussion
Several other ordinances which allowed “brown bagging” were reviewed. The provisions
contained here were determined to be in the best interest of the City of Milton by City Manager
Chris Lagerbloom, Community Development Director Lynn Tully, and Chief Harrell.
Funding and Fiscal Impact:
None.
Alternatives:
Not agree to the proposed ordinance changes and continue to prohibit “brown bagging” in the
City of Milton.
Concurrent Review:
Chris Lagerbloom, City Manager
Ken Jarrard, Jarrard & Davis
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO.
AN ORDINANCE TO AMEND CHAPTER 7, ALCOHOLIC BEVERAGES, OF THE CITY OF
MILTON CODE OF ORDINANCES TO AUTHORIZE THE BROWN BAGGING OF
ALCOHOLIC BEVERAGES BY INDIVIDUALS INTO ESTABLISHMENTS POSSESSING A
BROWN BAG ESTABLISHMENT ALCOHOL LICENSE
WHEREAS, Chapter 7 of the City of Milton Code of Ordinances regulates the sale of alcoholic
beverages within the City of Milton; and
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on ______ 2011 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance that relates to Alcoholic Beverages in the City of Milton 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 ______ day of _______ 2011.
___________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
(Seal)
Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tulley 5-12-11
Approved with changes by Ken Jarrard 5-19-11
Sec. 4-1. - Definitions.
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine,
from whatever source or by whatever process produced.
Alcoholic beverage includes all alcohol, distilled spirits, beer, malt
beverage, wine or fortified wine as defined in this section.
Applicant means the person, partner, firm or corporation, as owner, or
other entity authorized to represent the business making application for the
license.
Beer or malt beverage means any alcoholic beverage obtained by the
fermentation of any infusion or decoction of barley, malt, hops, or any other
product, or any combination of such products in water containing not more than
14 percent alcohol by volume.
(1)
The term "beer or malt beverage" includes ale, porter, brown,
stout, lager beer, small beer, and strong beer.
(2)
The term "beer or malt beverage" also includes beverages known
as "nonalcoholic beer." The term "nonalcoholic beer" means a
beverage which is made by the fermentation of any infusion or
decoction of barley, malt, hops, or other products, and containing
less than three percent, but more than one-tenth percent alcohol
by volume.
(3)
The term "malt beverage" does not include sake, known as
Japanese rice wine.
Bottle house (Brown bag establishment or brown bagging or brown
bagged) means any place of business open to the public or any private club
which allows guests, patrons or members to bring in and consume the guest's,
patron's or member's alcoholic beverages (wine) on the premises. Throughout
this chapter the phrase Bottle house establishment or Brown bag establishment
are used interchangeably and are considered synonymous.
Brewpub means an accessory use to a permitted restaurant where
distilled spirits, malt beverages or wines are licensed to be sold and where beer
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or malt beverages are manufactured or brewed for consumption on the premises
and solely in draft form.
Church building means the main structure used by any religious
organization for the purpose of worship.
Distilled spirits or spirituous liquor means any alcoholic beverage
obtained by distillation or containing more than 21 percent alcohol by volume
including, but not limited to, all fortified wines.
Eating establishment means any public place, including a place available
for rental by the public selling prepared food for consumption by the public on
the premises with a full-service kitchen.
(1)
The term "full-service kitchen" consists of:
a.
A three-compartment pot sink;
b.
A stove or grill permanently installed; and
c.
A refrigerator all of which must be approved by the health
and fire departments.
(2) An eating establishment will be prepared to serve food every hour
they are open and will derive as least 50 percent of its annual gross food
and beverage sales from the sale of prepared meals or food.
Fixed salary means the amount of compensation paid any member,
officer, agent, or employee of a bona fide private club as may be fixed for him or
her by its members at a prior annual meeting or by the city council out of the
general revenue of the club and shall not include a commission on any profits
from the sale of alcoholic beverages. For the purpose of this definition, tips or
gratuities which are added to the bills under club regulation shall not be
considered as profits from the sale of alcoholic be verages.
Fortified wine means any alcoholic beverage containing more than 21
percent alcohol by volume made from fruits, berries, or grapes, either by natural
fermentation or by natural fermentation with brandy added. Fortified wine
includes, but is not limited to, brandy.
Golf club means a golf facility consisting of a clubhouse or a professional
golf shop and a regulation or executive length golf course of at least nine holes,
as recognized by the United States Golf Association, the Professional Golfers
Association of America, and the Georgia State Golf Association.
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Hotel means any building or other structure providing sleeping
accommodations for hire to the general public, either transient, permanent, or
residential. Such hotels shall maintain a minimum of 50 rooms available for hire
and have one or more public dining rooms with an adequate kitchen. Motels
meeting the qualifications set out in this definition for hotels shall be classified in
the same category as hotels. Hotels shall have the privilege of granting
franchises for the operation of any licensed establishment described in this
chapter and the holder of such franchise shall be included in this definition.
License means an authorization granted by the city to operate as:
(1)A retail consumption dealer;
(2)A retail package dealer; or
(3)A wholesale dealer; or
(4) A Bbottle house / A Bbrown bag establishment.
Licensee means the individual to whom a license is issued or, in the case
of a partnership or corporation, all partners, officers, and directors of the
partnership or corporation.
Liter means the metric measurement currently used by the United States.
Manufacturer means any maker, producer, or bottler of an alcoholic
beverage. The term "manufacturer" also means:
(1)In the case of distilled spirits, any person engaged in distilling,
rectifying, or blending any distilled spirits;
(2)In the case of malt beverages, any brewer; and
(3)In the case of wine, any vintner.
Package means a bottle, can, keg, barrel, or other original consumer
container. The term "retail package alcoholic beverages" includes all alcoholic
beverages in their original container, sold at retail to the final consumer, and not
for resale.
Pouring permit means an authorization granted by the city to cork,
dispense, sell, serve, take orders, or mix alcoholic beverages in establishments
licensed as a retail consumption dealer or Bbrown bag establishment.
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Premises means the definite closed or partitioned-in locality, whether
room, shop, or building wherein distilled spirits are dispensed for consumption
on the premises by the drink.
Private club means any nonprofit association organized under state law
which:
(1) Has been in existence at least one year prior to the filing of the
application for a license to be issued pursuant to this chapter;
(2) Has at least 75 regular dues-paying members;
(3) Owns, hires or leases a building or space within a building for the
reasonable use of its members with:
a. Suitable kitchen and dining room space and equipment; and
b. A sufficient number of employees for cooking, preparing and
serving meals for its members and guests;
(4) Has no member, officer, agent or employee directly or indirectly
receiving in the form of salary or other compensation any profits from the
sale of alcoholic beverages beyond a fixed salary.
Retail consumption dealer means any person who sells alcoholic
beverages for consumption on the premises, at retail, only to consumers and not
for resale.
School building or educational building applies only to state, county, city,
or church school buildings and to such buildings at such other schools in which
are taught subjects commonly taught in the common schools and colleges of the
state and which are public schools and private schools as defined in O.C.G.A. §
20-2-690(b). The term "school building" includes only those structures in which
instruction is offered.
Sports club means an association or corporation organized and existing
under state law, organized and operated primarily to provide a location for the
patrons thereof to engage in sporting events.
(1) To qualify for an alcoholic beverage consumption dea ler's license, a
sports club must have been actively in operation within the city at least
two years prior to an application for license under this chapter; provided,
however, the two-year operational requirement shall not apply to golf club
Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tulley 5-12-11
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associations or golf club corporations where the selling or the serving of
alcoholic beverages is to take place on the golf course premises.
(2) A sports club organized or operated primarily for serving alcoholic
beverages shall not qualify for licensing under this chapter, and
accordingly shall not be permitted to serve alcoholic beverages at any
time.
(3) Unless otherwise indicated, a sports club licensee shall comply with
all other requirements imposed upon retail consumption dealers.
Retail package dealer means any person who sells unbroken packages,
at retail, only to consumers and not for resale.
Wholesaler or wholesale dealer means any person who sells alcoholic
beverages to:
(1) Other wholesale dealers;
(2) Retail dealers; or
(3) Retail consumption dealers.
Wine means any alcoholic beverage containing not more than 21 percent
alcohol made from fruits, berries, or grapes either by natural fermentation or by
natural fermentation with brandy added.
(1) The term "wine" includes, but is not limited to, all:
a. Sparkling wines, champagnes, and combinations of such
beverages;
b. Vermouths; and
c. Special natural wines, rectified wines, and like products.
(2) The term "wine" does not include cooking wine mixed with salt or
other ingredients so as to render it unfit for human consumption as a
beverage.
Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tulley 5-12-11
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(3) A liquid shall first be deemed to be a wine at the point in the
manufacturing process when it conforms to this definition.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 2), 11-21-2006; Ord. No. 07-11-53, §
1(ch. 7, art. 1, § 2), 12-6-2007)
State law reference— Similar definitions, O.C.G.A. § 3-1-2.
Sec. 4-2. - Penalty; misdemeanor.
(a) A violation of any section of this chapter shall be unlawful, the penalty shall
be as provided by law for misdemeanors. In addition, the license of any licensee
contributing thereto shall be subject to suspension or revocation in accordance
with this chapter.
(b) Any such violation may be tried in the city municipal court if no jury trial is
demanded, otherwise trial shall be in the state court of Fulton County.
(Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 2), 11-21-2006; Ord. No. 07-11-53, §
1(ch. 7, art. 2, § 2), 12-6-2007)
State law reference— Punishment for misdemeanors generally, O.C.G.A. § 17-
10-3; maximum punishments which may be imposed for violations of city or
county ordinances, O.C.G.A. § 36-1-20.
Sec. 4-3. - License is a privilege.
(a) Granted by mayor and city council. Alcoholic beverages may be sold in the
city under a license granted by the mayor and city council upon the terms and
conditions provided in this chapter.
(b) Privilege. All licenses in this chapter shall be a mere grant of privilege to
carry on the business during the term of the license, subject to all the terms and
conditions imposed by this Code and state law.
(c) Required language. All licenses pursuant to this chapter shall have printed
on the front these words:
"This license is a mere privilege subject to being revoked and annulled, and is
subject to any further ordinances that may be enacted by the city."
(d) Compliance with state law required. Any holder of a license issued pursuant
to this chapter is required to apply for and obtain an alcoholic beverage license
Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tulley 5-12-11
Approved with changes by Ken Jarrard 5-19-11
from the state before any sales commence. Additionally, city licensees are
required to abide by all applicable state regulations and laws.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 1), 11-21-2006; Ord. No. 07-11-53, §
1(ch. 7, art. 1, § 1), 12-6-2007)
State law reference— License as privilege, O.C.G.A. § 3-3-1; permit or license
from governing authority required for wholesale or retail sales of alcoholic
beverages; due process guidelines; fingerprints, O.C.G.A. § 3 -3-2.
Sec. 4-4. - Deliquent taxes; city authority to execute.
If any person shall fail to pay the sum due under this chapter, the city
manager or his or her designee shall issue an execution against the person so
delinquent and his or her property for the amount of the delinquent f ee or tax.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 13), 11-21-2006; Ord. No. 07-11-53, §
1(ch. 7, art. 1, § 13), 12-6-2007)
Sec. 4-5. - Notice.
For the purpose of this chapter, notice shall be deemed delivered
personally, or served by certified mail within three days after the date of deposit
in the United States mail.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 20), 11-21-2006; Ord. No. 07-11-53, §
1(ch. 7, art. 1, § 20), 12-6-2007)
Sec. 4-5. - Required; sales restricted to licensed premises.
It shall be unlawful for any person to sell or possess for the purpose of sale any
alcoholic beverage where the person does not have a license granted by the city to sell
or possess for sale these alcoholic beverages, or to sell or make deliveries beyond the
boundaries of the premises covered by the license , or to allow brown bagging..
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 4), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
1, § 4), 12-6-2007)
Sec. 4-26. - Fees.
(a) Required.
(1) Each application for a license under this chapter shall be accompanied by a
processing fee in an amount established by the city council to defray
Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tulley 5-12-11
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investigative and administrative costs. The processing fee shall be nonrefundable
except as provided in this section.
(2) Any person applying for more than one license shall pay only one processing
fee to defray investigative and administrative expenses, which fee shall be the
largest of the processing fees authorized under this Code. As to any applicant for
a license under this chapter who has in existence at the time of making the new
application an existing license under this chapter, there shall be no investigative
and administrative fee.
(3) Upon issuance of the license, the applicant shall make payment of the
license fee in the amount established by the city council.
(b) Proration. All licenses granted under this chapter shall be for the calendar year, and
the full license fee must be paid for a license application filed prior to July 1 of the
license year. One-half of a full license fee shall be paid for any license application filed
after July 1 of the license year except for applications for temporary licenses.
(c) Lates fees and interest. Any person applying for a new license issued under this
chapter who shall pay the required fee, or any portion thereof, after January 1 shall , in
addition to the annual fee and late charges, pay simple interest of one percent per
month on the delinquent balance.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 16, art. 4, § 5), 11-21-2006; Ord. No. 07-11-53, §
1(ch. 7, art. 1, § 16, art. 4, § 5), 12-6-2007)
State law reference— Maximum fees for municipal and county licenses, O.C.G.A. § 3-
4-50.
Sec. 4-27. - Promotions and sales.
(a) No licensee or employee or agent of a licensee, in connection with the sale or other
disposition of alcoholic beverages for consumption on the premises, shall:
(1) Offer or deliver any free alcoholic beverage to any person or group of
persons.
(2) Deliver more than two alcoholic beverages to one person at a time, however,
nothing herein shall prohibit a brewpub from offering a sampler of malt beverages
in containers not exceeding four ounces. Each sampler shall not exceed four
different types of malt beverages.
(3) Sell, offer to sell, or deliver to any person or group of persons any alcoholic
beverage at a price less than the price regularly charged for such alcoholic
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beverage during the same calendar week, except at private functions not opened
to the public.
(4) Sell, offer to sell, or deliver to any person or group of persons an unlimited
number of alcoholic beverages during any set period of time for a fixed price,
except at private functions not open to the public.
(5) Sell, offer to sell, or deliver alcoholic beverages to any person or group of
persons on any one day at prices less than those charged the general public on
that day, except at private functions not opened to the public.
(6) Sell, offer to sell, or deliver alcoholic beverages, including malt beverages, in
any container which holds more than 32 fluid ounces (0.947 liters), except to two
or more persons at any one time.
(7) Increase the volume of alcohol contained in a drink without increasing
proportionately the price regularly charged for such alcoholic beverage during the
same calendar week.
(8) Encourage or permit on the licensed premises any game or contest which
involves the drinking of alcoholic beverages or the awarding of alcoholic
beverages as a prize.
(b) Each licensee shall maintain a schedule of the price charged for all alcoholic
beverages to be served and consumed on the licensed premises or in any room or part
thereof. The licensee shall not vary the schedule of prices from day-to-day or from hour-
to-hour within a single day. The schedule of prices shall be posted in a conspicuous
manner so as to be in view of the paying public, and the schedule shall be effective for
not less than one calendar week.
(c) No licensee shall advertise or promote in any way, whether within or without the
licensed premises, any of the practices prohibited under this section.
(d) No provision of this section shall be construed to prohibit licensees from:
(1) Offering free food or entertainment at any time;
(2) Including an alcoholic beverage as part of a meal package; or
(3) Selling or delivering wine by the bottle or carafe when sold with meals or to
more than one person.
(e) It is the intent of this section to prohibit activities typically associated with
promotions referred to as "happy hour" or similarly designated promotions.
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(f) The public safety police department shall have the responsibility for the enforcement
of this chapter.
(g) No licensee may require the purchase of any alcoholic beverage as a part of or
prerequisite to the purchase of any other product or service. If alcoholic beverages are
included as part of a package of other goods and services, the alcoholic beverages
must be priced separately and all customers must be allowed to purchase the remaining
goods and services without the alcoholic beverages at a price from which the full price
of the alcoholic beverages has been deducted.
(Ord. No. 06-11-13, § 1(ch. 7, art. 9, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
9, § 1), 12-6-2007)
State law reference— Advertisement of prices, O.C.G.A. § 3-6-25.1; limitations with
regard to posting of signs by retail dealer of distilled spirits, O.C.G.A. § 3-4-3.
Secs. 4-28—4-46. - Reserved.
Separate application and license for each loca tion of sale.
Separate applications must be made for each location and separate licenses must be
issued.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 7), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
1, § 7), 12-6-2007)
Sec. 4-48. - Required.
(a) City form. All persons desiring to sell alcoholic beverages, or allow brown bragging
shall make an application on the form prescribed by the city manager.
(b) Contents. The application shall include, but not be limited to:
(1) The name and address of the applicant;
(2) The proposed business to be carried on;
(3) If a partnership, the names and residence address of the partners;
(4) If a corporation, the names of the officers;
(5) The names and address of the registered agent for service of process;
(6) The name of the manager; and
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(7) The name of all shareholders holding more than 20 percent of any class of
corporate stock, or any other entity having a financial interest in each entity which
is to own or operate the establishment for which a license is sought.
(c) Financial information. All applicants shall furnish such financial and other
information and records as may be required by the city manager to ensure compliance
with the provisions of this chapter. Failure to furnish the information and records
pursuant to such request shall automatically serve to dismiss the application with
prejudice.
(d) Notary. All applications shall be sworn to by the applicant before a notary public or
other officer empowered by law to administer oaths.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 8), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
1, § 8), 12-6-2007)
Sec. 4-49. - Affidavit regarding criminal history required.
At the time an application is submitted for any alcoholic beverage license, the applicant
shall, by a duly sworn affidavit, certify that neither the applicant, nor any of the other
owners of the establishment, has been convicted of, or pleaded guilty or entered a plea
of nolo contendere and has been released from parole or probation to any crime
involving:
(a1) Moral turpitude;
(b2) Illegal gambling;
(c3) Illegal possession or sale of controlled substances;
(d4) Illegal possession or sale of alcoholic beverages, including the sale or transfer of
alcoholic beverages to minors in a manner contrary to law;
(e5) Keeping a place of prostitution;
(f6) Pandering;
(g7) Pimping;
(h8) Public indecency;
(i9) Prostitution;
(j10) Solicitation of sodomy; or
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(k11) Any sexually related crime within a period of ten years immediately prior to the
filing of such application.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 10), 12-6-2007)
Sec. 4-50. - Withdrawal by applicant; refunds.
(a) Any license application made pursuant to this chapter may be withdrawn by the
applicant at any time.
(b) If the application is withdrawn before the license is issued, any sums deposited as
license fees will be refunded less applicable processing fees. After issuance of the
license, no refunds will be made. No refunds shall be made under any circumstances
for investigative and administrative expenses required in this chapter.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 9), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
1, § 9), 12-6-2007)
Sec. 4-51. - Notice.
(a) Posting on premises to be licensed.
(1) Required; specifications. The applicant for an original license shall, at his or
her own expense, post a notice on the premises to be licensed. The notice shall
be posted for at least 15 days prior to the date of the hearing. The notice shall be
on a sign having a surface of not less than 12 square feet. The notice shall be
painted or printed in black letters at least three inches in height against a white
background. The notice shall state:
a. That an application for a license to sell alcoholic beverages on the
premises has been filed with the city;
b. The type of license applied for;
c. The time and place of the public hearing to be held on such license
application; and
d. The names in which the license is to be issued.
(2) Placement. The advertisement shall be placed with the base of the sign not
more than three feet from the ground on the most conspicuous part of the
premises, facing the most frequently traveled road, street or highway abutting
same, and not more than ten feet there from.
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(b) Publication.
(1) Contents. The city treasurer shall prepare and cause to be published a notice
of each pending application, which notice shall include:
a. The date the application will be considered by the city council;
b. The location or street number of the premises where the applicant
proposes to conduct activities permitted by this chapter; and
c. The applicant's name.
(2) Costs. The applicant shall pay the publication costs.
(3) Newspaper of general circulation. The notice shall be published in a
newspaper of general circulation within the city, and shall appear once a week for
two weeks immediately preceding consideration of the application by the city
council.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 10), 12-6-2007)
State law reference— Governing authority shall set forth ascertainable standards
pertaining to the granting, refusal, suspension or revocation of alcoholic beverage
permits or licenses, O.C.G.A. § 3-3-2.
Sec. 4-52. - Approval by ordinance.
All applications for alcoholic beverage licenses shall be approved via ordinance by the
city council.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 10), 12-6-2007)
Sec. 4-53. - Denial.
(a) Notice required. The city manager shall provide written notice to any applicant
whose application is denied under the provisions of this chapter. Such written
notification shall set forth in reasonable detail the reasons for such denial a nd shall
advise the applicant of the right to appeal under the provisions of this chapter.
(b) Reapplication permitted after one year. In all instances in which an application is
denied under the provisions of this chapter the applicant may not reapply f or a license
for at least one year from the final date of such denial.
Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tulley 5-12-11
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(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 8), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
1, § 8), 12-6-2007)
Secs. 4-54—4-72. - Reserved.
Applicants.
(a) No license for the sale of alcoholic beverages shall be granted to any person who is
not a citizen of the United States or an alien lawfully admitted for permanent residence.
(b) If the applicant is a partnership or corporation, the provisions of this section shall
apply to all its partners, officers and majority stockholders. Issuance of the license shall
be as follows:
(1) In the case of a corporation the license shall be issued jointly to the corporation and
the majority stockholder, if an individual. If the majority stockholder is not an individual,
the license shall be issued jointly to the corporation and its agent registered under the
provisions of this chapter.
(2) In the case of a partnership, the license will be issued to all the partners owning at
least 20 percent of the partnership; or if no partner owns 20 percent of the partnership,
then the general partner, managing partner or the partner with the greatest ownership
will be licensed.
(c) No person shall be granted any alcoholic beverage license unless it shall appear to
the satisfaction of the city manager or his or her designee that such person, partners in
the firm, officers and directors of the corporation have not been convicted or plead guilty
or entered a plea of nolo contendere, and has been released from parole or probation,
to any crime involving:
(1) Moral turpitude;
(2) Illegal gambling;
(3) Illegal possession or sale of controlled substances;
(4) Illegal possession or sale of alcoholic beverages, including the sale or
transfer of alcoholic beverages to minors in a manner contrary to law;
(5) Keeping a place of prostitution;
(6) Pandering;
(7) Pimping;
(8) Public indecency;
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(9) Prostitution;
(10) Solicitation of sodomy; or
(11) Any sexually related crime within a period of ten years immediately prior to
the filing of such application.
(d) No license for the sale of alcoholic beverages shall be granted to any person
convicted under any federal, state or local law of any felony, within ten years prior to the
filing of application for such license.
(e) It shall be unlawful for any city employee directly involved in the issuance of
alcoholic beverage licenses under this chapter to have any whole, partial or beneficial
interest in any license to sell alcoholic beverages in the city.
(f) No license for the sale of alcoholic beverages shall be granted to any person who
has had any license issued under the police powers of any jurisdiction within the state
previously revoked within two years prior to the filing of the application.
(g) The city manager may decline to issue a license when any person having any
ownership interest in the operation of such place of business or control over such place
of business does not meet the same character requirements as set forth in this section
for the licensee.
(h) All applicants for any alcoholic beverage license must be of good character, and all
operators, managers, clerks, or other employees shall be of like character. Corporate or
firm applicants shall be of good business reputation.
(i) A license application may be denied to any applicant for any alcoholic beverage
license where it appears that the applicant would not have adequate financial
participation in the proposed business to direct and manage its affairs, or where it
appears that the application is intended to be a mere surrogate for a person who would
not otherwise qualify for a license for any reason whatsoever.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 10), 12-6-2007)
Sec. 4-74. - Effect of prior criminal history; exceptions.
(a) An applicant's first time conviction for illegal possession of alcohol as a
misdemeanor or violation of a city ordinance shall not, by itself, make an applicant
ineligible for an alcoholic beverage license.
(b) For purposes of this chapter, a conviction or plea of guilty or nolo contendere shall
be ignored as to any offense for which a defendant who was allowed to avail
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themselves of the state first offender provisions, O.C.G.A. § 42-8-60 et seq. Except,
however, that any such offense shall not be ignored where the defendant violated any
term of probation imposed by the court granting first offender treatment or committed
another crime and the sentencing court entered an adjudication of guilt as to the crime
for which the defendant had previously been sentenced as a first offender.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 10), 12-6-2007)
Sec. 4-75. - City manager permitted discretion concerning qualifications.
(a) The city manager, in his or her discretion, may consider any extenuating
circumstances which may reflect favorably or unfavorably on:
(1) The applicant;
(2) The application; or
(3) The proposed location of the business.
(b) If, in the city manager's judgment, circumstances are such that granting of the
license would not be in the general public's best interest, such circumstances may be
grounds for denying the application.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 10), 12-6-2007)
Secs. 4-76—4-95. - Reserved.
FOOTNOTE(S):
(18) State Law reference— Local discretion and due process as to grant or suspension
of permits, O.C.G.A. § 3-3-2. (Back)
Sec. 4-96. - Registered agent required.
All licensed establishments must have and continuously maintain in Fulton County,
Georgia, a registered agent upon whom any process, notice or demand required or
Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tulley 5-12-11
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permitted by law or under this chapter to be served upon the licensee or owner may be
served. This person must be a resident of the county. The licensee shall file the name of
such agent, along with the written consent of such agent, with the city manager and
shall be in such form as he or she may prescribe.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 10), 12-6-2007)
Sec. 4-97. - Notice of change in management required.
If the manager of the licensed premises changes, the licensee must furnish the city
treasurer's office with the name and address of the new manager and other information
as may be required by the city council within ten days of such change.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 8), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
1, § 8), 12-6-2007)
Sec. 4-98. - Display of license at place of business required.
The city alcoholic beverage license shall at all times be kept plainly exposed to view to
the public at the place of the business of the licensee.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 15), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 15), 12-6-2007)
State law reference— Similar provision, O.C.G.A. § 3-3-3.
Sec. 4-99. - Limited circumstances where transfer of license permitted.
(a) No license for the sale of alcoholic beverages shall be transferable, except as
otherwise provided in this section.
(b) In case of the death of a licensee, the establishment shall be allowed to continue to
sell alcoholic beverages, or allow for brown bagging, for a period of 45 days from the
date of death or until the expiration of the license or until approval of a new licensee,
whichever shall first occur; provided that no sale of alcoholic beverages shall be allowed
until such time as a personal representative of the estate, appointed by a probate court
of competent jurisdiction, shall make an application for authorization with the city
manager.
(c) If a license is surrendered or a licensee severs his or her association with a licensed
establishment, the establishment may continue to sell alcoholic beverages , or allow
brown bagging, for a period of 45 days from the date of surrender, or from the date
determined by the city manager to be the date of severance; provided no such sale , or
brown bagging shall be authorized until such time as a new application for a license is
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made. The application shall indicate that no change of ownership has occurred, except
as excepted in this section. Upon issuance of a new license, the authorization to sell or
allow brown bagging under the previous license shall be revoked by operation of law.
No additional license fees shall be required during the period for which the original
license was issued.
(d) Nothing in this section, however, shall prohibit one or more of the partners holding a
license to withdraw from the partnership in favor of one or more of the partners who
were partners at the time of the issuance of the license. This section shall not prohibit
transfer of stock between persons who held stock in the corporation at the time of
issuance of the license nor shall it prohibit transfers of stock which do not result in any
person increasing his or her stock holdings to a total of ten percent or more of any class
of stock.
(e) Except as provided in subsections (a) through (d) of this section, any change in the
ownership of any entity owning a licensed establishment shall cancel and revoke any
license pursuant to this chapter automatically, without the necessity of any hearing.
(f) Violation of this section shall result in the revocation of the license being used and a
fine on the new ownership and the old ownership as provided in this chapter.
(g) No license will be issued to the old or the new owner in the county for one year from
the date of the violation of this section.
(h) Should a licensee make application to the city manager for a transfer of location and
should such a transfer of a location be approved, with no change of ownership of the
business, the license fee paid for the previous license shall be applied to the new
location. Each applicant for a transfer of location shall pay a transfer fee as set forth
from time to time by city council resolution.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 14), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 14), 12-6-2007)
Sec. 4-100. - Audits.
(a) If the city manager deems it necessary to conduct an audit of the records and books
of the licensee, he or she shall notify the licensee of the date, time and place of the
audit. The city manager may designate the city's internal auditor or other designated
person to perform any audit authorized in this Code. The licensee shall cooperate with
the audit or forfeit any license issued under this chapter.
(b) All licensed establishments must maintain the following records for a three -year
period and make them available for audit at the licensed premises:
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(1) Monthly income or operating statements.
(2) Daily sales receipts showing liquor, beer, wine and food sales separately
(this requirement does not apply to package beer and wine licensees).
(3) Daily cash register receipts such as Z tapes or guest tickets.
(4) Monthly state sales and use tax reports.
(5) Federal income tax return with all Form 1099s.
(c) The city manager can waive all or some of the requirements of subsection (b) of this
section if the city manager finds that no such records exist and it is not financially
practically-based on the net income of the licensed establishment to require them to
keep such records.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 22 ), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 22 ), 12-6-2007)
Sec. 4-101. - Expiration; renewal.
(a) All licenses granted under this chapter shall expire on December 31 each year.
Licensees shall be required to file a renewal application with the requisite fee with the
city manager on the form provided for a new or renewal license for the ensuing year.
(b) The applicant for renewal shall be required to comply with all rules and regulations
for the granting of licenses each year, including the submittal of the required data in
order to meet criminal investigative compliance each renewal year.
(c) Alcoholic beverage license renewal applications and payments are due on or before
November 15 of each year. Renewal applications and payments received between
November 16 and December 15 are subject to a ten percent late fee and a one percent
per month simple interest charge on the delinquent balance.
(d) Businesses failing to renew their alcoholic beverage licenses prior to December 15
must reapply for an alcoholic beverage license in which the application will be treated as
if no previous license had been held, including the need to review the investigative,
zoning, and distance requirements.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 16), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 16), 12-6-2007)
Sec. 4-102. - Automatic forfeiture of license for nonnuse.
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Any holder of any license under this chapter who shall for a period of three consecutive
months after the license has been issued cease to operate the business and sale of the
products authorized shall, after the three-month period, automatically forfeit the license
without the necessity of any further action.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 17), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 17), 12-6-2007)
Secs. 4-103—4-121. - Reserved.
Sec. 4-122. - Due cause required.
(a) Definitions. The term "due cause," for the purpose of suspension or revocation of a
license, means:
(1) The violation of any laws or ordinances regulating the business;
(2) The violation of any state or federal law;
(3) Any reason which would authorize the city to refuse the issuance of a
license; or
(4) Any violation of this chapter.
(b) Notice and hearing. No alcoholic beverage license having been issued shall be
suspended or revoked except for due cause, after a hearing and upon written notice to
the holder of such license of the time, place and purpose of the hearing and a statement
of the charges upon which the hearing shall be held.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 19), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 19), 12-6-2007)
Sec. 4-123. - Imposed upon the following circumstances.
The city manager shall impose a suspension of a license, or revoke a license, upon
receiving information of occurrence of any one of the following events:
(a1) A license may be denied, or immediately suspended or revoked where the
licensee furnishes fraudulent or untruthful information in the application for a license and
for failure to pay all fees, taxes or other charges imposed under the provisions of this
chapter and state law.
(b2) Whenever the state shall revoke any permit or license to sell alcoholic beverages
the city license shall thereupon be automatically revoked. The Police Chief public safety
director, upon receiving notice of the state revocation, shall take the necessary steps to
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see that signs are removed and that all alcoholic beverage sales and/or brown bagging
cease.
(c3) Any licensed establishment that is found to be in violation of the provisions of this
chapter shall be subject to immediate license revocation.
(d4) The license shall be revoked of any licensee whose license has been suspended
three or more times in any consecutive 12-month period.
(e5) The license shall be revoked of a licensee of any premises where alcoholic
beverages have been sold or distributed, or which has allowed brown bagging during a
period of suspension.
(f6) The license may be suspended or revoked of any establishment which does not
meet the licensing qualifications set forth in this chapter at any time such knowledge
becomes known to the city officials.
(g7) An act or omission of a licensee, owner of more than 20 percent interest in the
licensed establishment, or employee of the licensee or licensed establishment willingly
or knowingly performed, which constitutes a violation of federal or state law or of any
provision of this chapter will subject the licensee to the suspension or revocation of its
license in accordance with the provisions of this chapter, regardless of whether any
criminal prosecution or conviction ensues; provided, however, in the case of an
employee, it shall be established that the acts of the employee:
(1a). Were known to or under reasonable circumstances should have been
known to the licensee;
(2b). Were condoned by the licensee; or
(3c). Where the licensee has not established practices or procedures to prevent
the violation from occurring.
(h8) Whenever it can be shown that a license under this chapter no longer maintains
adequate financial responsibility upon which the issuance of the license was
conditioned, or whenever the licensee has defaulted in any obligation of any kind
whatsoever, lawfully owing to the city.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 18), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 18), 12-6-2007)
Sec. 4-124. - Crimes resulting in immediate revocation.
An alcoholic beverage license shall be immediately revoked and canceled should any
applicant, partner, or officer used in the sale, or dispensing, or brown bagging of any
Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tulley 5-12-11
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alcoholic beverage, after a license has been granted, be convicted or plead guilty or
nolo contendere to a crime involving:
(a1) Moral turpitude;
(b2) Illegal gambling;
(c3) Illegal possession or sale of controlled substances;
(d4) Illegal possession or sale of alcoholic beverages (including the sale or transfer of
alcoholic beverages and the sale or transfer of alcoholic beverages to minors in a
manner contrary to law);
(e5) Keeping a place of prostitution;
(f6) Pandering;
(g7) Pimping;
(h8) Public indecency;
(i9) Prostitution;
(j10) Solicitation of sodomy; or
(k11) Any sexual related crime.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 10), 12-6-2007)
Sec. 4-125. - Mandatory suspension periods.
Whenever this chapter permits suspension of any license, but does not mandate the
period of suspension, the following guidelines shall apply:
(a1) First suspension in a 12-month period shall not exceed 30 days.
(b2) Second suspension in a 12-month period shall not exceed 60 days.
(c3) Third suspension in a 12-month period shall cause a revocation of the license and
result in the inability of the licensee to obtain a license from the city for a term of three
years from the date of revocation.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 18), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 18), 12-6-2007)
Secs. 4-126—4-144. - Reserved.
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Sec. 4-145. - License review board.
(a) Established. There is hereby established a License Review Board (board)
consisting of the currently seated mayor and six councilmembers.
(b) Duties. The board shall have the following duties:
(1) To hear deferred applications or appeals from administrative decisions by the
city manager with regard to issuance of licenses, transfers, renewals, change of
ownership or other matters affecting such licenses.
(2) To hear appeals with regard to the issuance or renewal of employee pouring
permits.
(3) To hear any matter involving the revocation or suspension of a license or
other disciplinary action against a licensee, or employee under a work permit.
(4) To consider and act upon any other matter specifically delegated to the
board by city ordinance, resolution or action of the city council.
(c) Authority. The board shall have the authority to hear or determine any matter set
forth in this chapter unless specifically prohibited therefrom.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 19), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 19), 12-6-2007)
Sec. 4-146. - Hearing; grounds; notice.
(a) Grounds. Applicants shall be given a hearing on the following grounds:
(1) The application for a license or renewal of a license has been denied;
(2) The license have been suspended or revoked; and
(3) The licensee is charged with selling alcoholic beverages to a minor or to an
intoxicated person or for allowing brown bagging without a license.
(b) Notice. The licensees mentioned in subsection (a) of this section shall be given
written notice of the date, time and place when the board will consider the respective
matter. The applicant and interested parties shall be afforded the opportunity to be
heard by the board and present evidence to the board prior to making its decision. Ten
days' notice shall be deemed reasonable, but shorter or longer periods of notice shall be
authorized as the board may deem the circumstances to justify.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 19), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 19), 12-6-2007)
Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tulley 5-12-11
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Sec. 4-147. - Decisions of board; appeal to city council.
(a) The decision of the board shall be in writing and shall be final unless appealed by
the applicant or licensee to the council within ten days of the date of the board's written
decision. The appeal shall be in writing and filed with the city clerk.
(b) The board shall meet at such times as necessary as determined by the boa rd and
shall render decisions within a reasonable time. Four members of the board shall
constitute a quorum, and all decisions of the board shall require a majority vote of the
quorum. Such meeting shall not be scheduled later than 30 days from the time a matter
is filed for hearing or appealed to the board.
(c) The mayor shall serve as chair and minutes and records of all proceedings shall be
recorded by the city clerk and kept and maintained in the city clerk's office.
(d) The council shall conduct a de novo hearing at a regularly scheduled meeting within
30 days of the filing of the appeal to hear evidence and, at the conclusion of such
hearing shall render a decision to uphold the decision made by the board, reverse the
decision made by the board, or in its discretion, modify the decision made by the board.
The decision of the council shall be rendered not later than its next regularly scheduled
meeting.
(e) The decision of the council as rendered on an appeal under this article shall be final
unless the licensee applies to the Superior Court of Fulton County by filing a petition for
a writ of certiorari within 30 days of the decision rendered by the council.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 19), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 19), 12-6-2007)
Secs. 4-148—4-166. - Reserved.
Sec. 4-167. - Temporary licenses.
(a) Authority. The city manager is hereby authorized to issue temporary licenses for the
sale of alcoholic beverages, either malt beverages and wine or distilled spirits, subject
to the conditions set forth in this section.
(b) Not to exceed 60 days; requirements. Temporary licenses may be issued for such
period as may be determined by the city manager, not to exceed 60 days. No such
license shall be issued unless:
(1) A written application for the same is filed with the city manager.
(2) An application for a permanent license, together with payment in full of the
fee thereof, has been deposited with the city manager.
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(3) The city manager is satisfied that the location for the proposed license
substantially complies with the provisions of this section authorizing such license
in the city.
(4) The denial of a temporary license would create undue hardship upon the
applicant, such as the closing of an existing business or delaying of the opening
of a new business.
(5) There is payment of the fee prescribed by this section.
(6) There is an agreement by the applicant that the temporary license may be
revoked, with or without cause, by the city manager at any time.
(c) Fee. The fee for issuance of a temporary license under this section shall be as
established from time to time by the city council.
(d) No bearing on decision for permanent license. The grant or denial of a temporary
license under the provisions of this section shall not affect or have any bearing upon the
grant or denial of a permanent license.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 6), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
1, § 6), 12-6-2007)
Sec. 4-168. - Temporary special event license (pouring permit).
(a) Not to exceed ten days; application; fee; requirements. A temporary pouring permit
may be issued to any person for a period not to exceed ten days in any one year for an
approved special event. The person must make an application and pay the fee that may
be required from time to time by city council ordinance and shall be required to comply
with all the general ordinances and the licensing and regulations for a consumption on
the premises establishment with the exception of the full-service kitchen requirement.
(b) Criteria for issuance. The special event must meet the following criteria prior to the
issuance of a license to sell alcoholic beverages:
(1) The event must have been permitted as an approved special event through
the city's community development department prior to the issuance of a
temporary pouring permit.
(2) The special event must be associated with and benefit the cause of a
charitable or civic organization.
(3) The special event must receive approval from the city public safety police
department on crowd control and security measures.
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(4) The special event must receive approval from the city department of
transportation, traffic operations section, on traffic control measures.
(5) The location at which the special event is to take place must be properly
zoned and approved by the city planning and community development
departments.
(6) The premises at which the special event is to take place must be approved
by the city manager.
(c) Employee or volunteer excepted. Any employee or volunteer of the special event
licensee, working the special event in any position dispensing, selling, serving, taking
orders or mixing alcoholic beverages shall not be required to obtain a pouring permit for
the special event.
(d) Police Chief’s Public safety director's authority to revoke. The Police Chief public
safety director or his or her designee may immediately revoke any temporary license for
a special event if it is determined continued alcohol sales may endanger the health,
welfare or safety of the public.
(e) Indemnification required. As a condition on the issuance of a temporary special
event license, the licensee shall indemnify and hold the city harmless from claims,
demand or cause of action which may arise from activities associated with the special
event.
(Ord. No. 06-11-13, § 1(ch. 7, art. 7, § 6), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
7, § 6), 12-6-2007)
Secs. 4-169—4-177. - Reserved.
Sec. 4-188. - Permitted where 50 percent of floor space and storage area devoted to
retail grocery.
No beer or malt beverage or wine shall be sold at retail except in establishments
maintaining 50 percent of the floor space and storage area in a manner which is
devoted principally to the retail sale of grocery prod ucts and located in zoning districts in
which these establishments are permitted as a conforming use or in districts where an
existing establishment exists as a nonconforming use.
(Ord. No. 06-11-13, § 1(ch. 7, art. 4, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
4, § 1), 12-6-2007)
Sec. 4-189. - Hours and days of operation.
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(a) Retail package licensees shall not engage in the sale of beer or malt beverages
and/or wine except between the hours of 7:00 a.m. and 12:00 midnight Monday through
Saturday. The hours within which business may be carried on shall be determined by
the standard time in force at the time of the sale of beer or malt beve rages and/or wine.
(b) Retail package beer and/or wine shall not be sold at any time in violation of any
local ordinance or regulation or of any special order of the governing authority.
(Ord. No. 06-11-13, § 1(ch. 7, art. 4, § 2), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
4, § 2), 12-6-2007)
Sec. 4-190. - Use of tags or labels required.
Retailers shall indicate plainly by tags or labels on the bottles or containers or on the
shelf immediately below where the containers are placed the prices of all beer and wine
exposed or offered for sale.
(Ord. No. 06-11-13, § 1(ch. 7, art. 4, § 3), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
4, § 3), 12-6-2007)
State law reference— Advertisement of prices, O.C.G.A. § 3-4-26.
Sec. 4-191. - Single cans/bottles or other containers permitted for sale.
Single cans or bottles or other containers of alcoholic beverages may be sold at retail.
(Ord. No. 06-11-13, § 1(ch. 7, art. 4, § 4), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
4, § 4), 12-6-2007)
Secs. 4-192—4-210. - Reserved.
Sec. 4-211. - Distance requirement for retail package establishments.
No retail package liquor licensed place of business shall be licensed to operate within
500 yards of any other business licensed to sell package liquor at retail, as measured
by the most direct route of travel on the ground.
(Ord. No. 06-11-13, § 1(ch. 7, art. 5), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 5),
12-6-2007)
State law reference— Similar provision, O.C.G.A. § 3-4-49.
Sec. 4-212. - Hotels excepted.
The distance provision of section 4-211 shall not apply to any hotel licensed under this
chapter.
Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tulley 5-12-11
Approved with changes by Ken Jarrard 5-19-11
(Ord. No. 06-11-13, § 1(ch. 7, art. 5), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 5),
12-6-2007)
State law reference— Similar provision, O.C.G.A. § 3-4-49.
Secs. 4-213—4-221. - Reserved.
Sec. 4-232. - Permitted where eating establishment has full-service kitchen or publicly-
owned golf course.
No beer or malt beverages or wine shall be sold for consumption on the premises where
sold, except:
(1) In eating establishments having a full-service kitchen.
a. Definitions. The term "full-service kitchen" means a kitchen prepared to serve
food every hour it is open, consisting of:
1. A three-compartment sink;
2. A stove or grill permanently installed; and
3. A refrigerator, all of which must be approved by the health and fire
departments.
b. Location. The eating establishments referred to in this section must be located
in a zoning district which permits restaurants and drive -in restaurants as
conforming uses or where these eating establishments are incidental to a h otel or
motel.
(2) At a publicly-owned golf course.
(Ord. No. 06-11-13, § 1(ch. 7, art. 3, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
3, § 1), 12-6-2007)
Sec. 4-233. - Hours and days of operation.
The sale of malt beverages or wine by the drink for consumption on premises and/or the
allowance of brown bagging shall be permitted only during the following hours and days
of the week, as indicated:
(a1) Monday through Saturday, from 9:00 a.m. until 2:00 a.m. of the following day.
Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tulley 5-12-11
Approved with changes by Ken Jarrard 5-19-11
(b2) Sunday from 12:30 p.m. until 2:00 a.m. of the following day; provided, however,
any licensed establishment which serves alcohol on Sunday shall derive at least 50
percent of its total annual gross sales from the sale of prepared food or meals.
(c3) All licensed premises shall close their premises to the public and clear the
premises of patrons within 30 minutes after the time set in this section for
discontinuance of the sale of alcoholic beverages on the premises.
(d4) The licensed business shall open its business each day it is open by not later than
5:00 p.m.
(e5) The sale of beer or malt beverages or wine shall not be permitted within 250 feet
of any polling place on primary or election days.
(Ord. No. 06-11-13, § 1(ch. 7, art. 3, § 3), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
3, § 3), 12-6-2007)
State law reference— Sale of alcoholic beverages on Sunday, O.C.G.A. § 3 -3-7; sale
of alcoholic beverages on Sundays and election days, O.C.G.A. § 3 -3-20.
Sec. 4-234. - Sale of food, fully-equipped kitchen, and premises maintenance required;
exception.
(a) In addition to other requirements under this article, a licensed premise for the sale
of beer or malt beverages or wine by the drink shall comply with the following:
(1) The licensed business shall offer to its patrons prepared food and meals
during all hours it is open.
(2) The licensed business shall have a fully-equipped kitchen, including cooking
range, oven, refrigeration, food preparation area, sink and other items necessary
for the preparation of food and meals to be served on the premises.
(3) Comply with all the requirements of this chapter relating to the manner by
which premises shall be maintained.
(b) This section shall not apply to private clubs or establishments that solely allowing
brown bagging.
(Ord. No. 06-11-13, § 1(ch. 7, art. 3, § 3), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
3, § 3), 12-6-2007)
Secs. 4-235—4-253. - Reserved.
Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tulley 5-12-11
Approved with changes by Ken Jarrard 5-19-11
Sec. 4-254. - Condition of premises to comply with city, county and state regulations;
inspections.
(a) The licensed premises shall be kept clean and shall be in full compliance with all
city regulations governing the conditions of the premises.
(b) The Fulton County Health Department shall regularly inspect such licensed
premises to determine that such licensed premises are in compliance with all Fulton
County and state health rules and regulations and report any violations to the city
manager or his or her designee.
(c) City fire personnel or Fulton County fire personnel shall regularly inspect the
premises to see that they are in compliance with all city, Fulton County and state fire
regulations and report any violation to the city manager or his or her designee.
(d) The city community development department shall regularly inspect the licensed
premises to determine if the premises are in compliance with all technical codes of the
city and Fulton County and report any violation to the city manager or his or her
designee.
(e) City police personnel or Fulton County police personnel shall periodically inspect
the premises to determine if the licensed premises are in compliance with all provisions
of this article and report any violation to the city manager or his or her designee.
(Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 3), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
2, § 3), 12-6-2007)
Sec. 4-255. - Hours of operation.
The sale of distilled spirits by the drink for consumption on premises shall be permitted
only during the following hours and days of the week, as indicated:
(a1) Monday through Saturday, from 9:00 a.m. until 2:00 a.m. of the following day.
(b2) Sunday from 12:30 p.m. until 2:00 a.m. of the following day; provided, however,
any licensed establishment which serves alcohol on Sunday shall derive at least 50
percent of its total annual gross sales from the sale of prepared food or meals.
(c3) All licensed premises shall close their premises to the public and clear the
premises of patrons within 30 minutes after the time set in this section for
discontinuance of the sale of alcoholic beverages on the premises.
(d4) In addition to other requirements under this article, a licensed premises for the sale
of distilled spirits by the drink shall comply with the following:
Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tulley 5-12-11
Approved with changes by Ken Jarrard 5-19-11
(1)a. The licensed business shall open its business each day it is open by not
later than 5:00 p.m.
(2)b. The licensed business shall offer to its patrons prepared food and meals
during all hours it is open.
(3)c. The licensed business shall have a fully-equipped kitchen, including
cooking range, oven, refrigeration, food preparation area, sink and other items
necessary for preparation of food and meals to be served on the premises.
(4)d. Comply with all the requirements of section 4-254, relating to the manner
by which the premises shall be maintained.
(e5) This section shall not apply to private clubs.
(Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 5), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
2, § 5), 12-6-2007)
Sec. 4-256. - Conditions for a licensee's operation.
(a) Contents of bottles. It shall be unlawful for licensees hereunder to add to the
contents of a bottle or to refill empty bottles or in any other manner to misrepresent the
quantity, quality or brand name of any alcoholic beverage.
(b) Indication of prices. All licensees hereunder, except private clubs, shall display in
prominent places or on their menus, their current prices of alcoholic beverages by the
drink. The licensee shall furnish to any customer that so desires an itemized bill of
charges which shall not exceed the established price list. The city manager or the city
manager's designee shall regularly inspect the records of all sales of alcoholic
beverages for consumption on the premises and the total sales to determine that the
licensee is in compliance with this article.
(c) Distilled spirits by drink; advertising prohibited. No licensee hereunder shall
advertise in any news media or by any other means the fact that alcoholic beverages by
the drink may be purchased at such establishment; provided, however, that the
licensees hereunder shall be permitted to use the words "your favorite beverages
served."
(d) Sale, location of. It shall be unlawful for any sales to be made outside of the
building, premises, or place of business licensed for such sale except as permit ted
herein.
(e) Opened original packages on licensed premises prohibited. It shall be unlawful for
any person except a licensee, his or her manager, or agent in charge of the licensed
Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tulley 5-12-11
Approved with changes by Ken Jarrard 5-19-11
premises, to carry into or have in his or her possession on any licensed premises, any
alcoholic beverages in the original package the seal of which has been broken or the
original package opened; provided that this section shall not apply to private clubs or
brown bagging.
(f) Employee pouring permits. No person may be employed by an establishment
holding a license hereunder until a letter of compliance has been issued by the police
department public safety department indicating the person has not violated any law
defined by this article and is eligible for such employment .
(1) The term "employee" includes:
a. Performers;
b. Entertainers;
c. Bartenders;
d. Barmaids;
e. Bouncers;
f. Musicians engaged in temporary work;
g. Regular employees.
(2) All persons subject to the provisions of this section shall, within five days
after the date of their first work in an establishment holding a permit to sell
alcoholic beverages by the drink to be consumed on the premises , or which
allows brown bagging, submit an application to the city for an alcoholic beverage
pouring permit.
(3) The police public safety department shall have a complete and exhaustive
search made relative to any police record of the applicant. In the event there is a
violation of laws, the police public safety department shall issue a letter to advise
the applicant stating that the person is not eligible for employment.
(4) Excluded from the provisions of this section are employees whose duties are
not in any way involved with the preparation of or service of alcoholic beverages;
musicians and entertainers, however, are not excluded.
(5) Any letter of eligibility for employment issued hereunder shall expire 12
months from the date of issue. The mayor and city council may prescribe
reasonable fees for certifying the eligibility of employment.
Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tulley 5-12-11
Approved with changes by Ken Jarrard 5-19-11
(Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 6), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
2, § 6), 12-6-2007)
State law reference— Advertisement of prices, O.C.G.A. § 3-4-26.
Sec. 4-257. - Conflicts with wholesaler or manufacturer prohibited.
No financial aid or assistance to any licensee hereunder from any wholesaler or
manufacturer of wine or malt beverages or other alcoholic beverages shall be permitted.
(Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 12), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 2, § 12), 12-6-2007)
Secs. 4-258—4-276. - Reserved.
Sec. 4-277. - General provisions.
(a) The holder of a wine-only package store license shall be eligible for an ancillary
wine tasting license to provide samples of wine offered for sale to customers under the
conditions set forth in this chapter.
(b) Wine sampling shall be on limited occasions when a customer requests a sampl e of
a wine offered for sale within the premises or in conjunction with wine education classes
and sampling designed to promote wine appreciation and education.
(c) Wine tasting for customers shall only be conducted at a wine counter area
constituting no more than ten percent of the entire floor area of the premises.
(d) Wine sampling and tasting is only permitted within the enclosed portion of the
premises.
(e) No open containers of wine shall be removed from the licensed premises.
(f) Wine sampling for customers shall be limited to no more than one time per week for
a period not to exceed a consecutive two-hour period in any one day.
(g) Samples shall not exceed two ounces and no customer shall consume more than
eight ounces in any two-hour period.
(h) Wine bottles shall be opened only by the licensee or an employee and samples
shall only be poured by the licensee or an employee.
(i) Holders of an ancillary wine tasting permit shall not charge for samples or tasting but
may accept donations for a charitable organization of their choice.
Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tulley 5-12-11
Approved with changes by Ken Jarrard 5-19-11
(j) There will be an annual fee to obtain an ancillary wine tasting permit as set forth
from time to time by the city council, and a copy of the fee schedule shall be maintained
in the city clerk's office.
(Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 35), 12-6-2007)
Secs. 4-278—4-296. - Reserved.
Sec. 4-297. - General provisions.
(a) Authorization of license holder. A brewpub license authorizes the holder of such
license to manufacture on the licensed premises not more than 1,500 barrels of beer in
a calendar year solely for retail sale on the premises and solely in draft form.
(b) License required. No person shall be issued a brewpub license without first
obtaining a retail consumption license.
(c) Distribution. Distribution of any malt beverages produced by a brewpub licensed
under this article to any wholesaler is prohibited.
(d) Administration.
(1) The city treasurer, or his or her designee, is authorized to establish
procedures for administering all provisions of this article to include, but not limited
to:
a. Reporting forms and requirements; or
b. Establishing procedures and schedules for conducting financial audits
or inspections of the books or records of any establishment licensed under
this article.
(2) Every brewpub located within the city shall file a monthly report with the revenue
division, no later than the 20th day of each month, on such forms as the revenue
division may prescribe, setting forth all malt beverages produced during such preceding
calendar month, to include the beginning and ending inventories. Such report shall also
indicate the total production of malt beverages during the report period and the proper
tax remittance for such production. Failure to properly complete or submit the required
reports shall subject the licensee to a late filing penalty set forth by city council
resolution.
(Ord. No. 06-11-13, § 1(ch. 7, art. 11, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 11, § 1), 12-6-2007)
Secs. 4-298—4-316. - Reserved.
Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tulley 5-12-11
Approved with changes by Ken Jarrard 5-19-11
Sec. 4-317. - Requirements for sale of alcoholic beverages.
Private clubs may sell and dispense alcoholic beverages upon:
(a1) Compliance with all applicable city ordinances and regulations governing the sale
of such beverages; and
(b2) Payment of such license fees and taxes as may be required by the existing
ordinances, rules and regulations of the city.
(Ord. No. 06-11-13, § 1(ch. 7, art. 7, § 2), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
7, § 2), 12-6-2007)
Sec. 4-318. - Tax exempt organizations not required to operate food establishment.
Veterans' organizations, fraternal organizations, and other nonprofit organizations
currently having tax exempt status under either the United States Internal Revenue
Code or the state income tax law shall not be required to operate a food establishment
serving prepared food. However, any such organization selling or dispensing alcoholic
beverages, or allowing brown bagging, shall be subject to all ordinance regulations
dealing with general licensing and consumption on the premises establishments.
(Ord. No. 06-11-13, § 1(ch. 7, art. 7, § 3), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
7, § 3), 12-6-2007)
Sec. 4-319. - Hours and days of operation.
(a) No alcoholic beverages shall be sold for consumption on the premises or allowed to
be brown bagged except between the hours of 9:00 11:00 a.m. and 4:00 2:00 a.m. the
following day Monday through Saturday.
(b) Alcoholic beverages shall not be sold or brown bagged for consumption at any time
in violation of any local ordinance or regulation or of any special order of the governing
authority.
Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tulley 5-12-11
Approved with changes by Ken Jarrard 5-19-11
(c) The sale of beer or wine for consumption on the premises and brown bagging is
permitted on Sundays from 12:30 p.m. until 12:00 midnight in:
(1) Any licensed establishment which derives at least 50 percent of its total
annual gross sales from the sale of prepared meals or foods in all of the
combined retail outlets of the individual establishment where food is served; and
(2) Any licensed establishment which derives at least 50 percent of its total
annual gross income from the rental of rooms for overnight lodging.
(d) Alcoholic beverages may be sold for consumption o n the premises from
12:00 midnight to 2:00 a.m. on any Monday which is New Year's Day, January 1,
of any year.
(Ord. No. 06-11-13, § 1(ch. 7, art. 7, § 5), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
7, § 5), 12-6-2007)
Secs. 4-320—4-338. - Reserved.
FOOTNOTE(S):
(20) State Law reference— Sale of distilled spirits by private clubs, O.C.G.A. § 3-7-1 et
seq.; local licensing and regulation of private clubs, O.C.G.A. § 3 -7-40 et seq.; local
excise taxation regarding private clubs, O.C.G.A. § 3-7-60. (Back)
Sec. 4-339. - General provisions.
(a) Definitions. The term "in-room service" means:
(1) The provision of a cabinet or other facility located in a hotel-motel guestroom
which contains beer and wine only;
(2) Which is provided upon the guest's written request and which is accessible
by lock and key only to the guest; and
(3) For which the sale of the beer and wine contained therein is final at the time
requested except for a credit which may be given to the guest for any unused
portion.
Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tulley 5-12-11
Approved with changes by Ken Jarrard 5-19-11
(b) Compliance. Any hotel-motel that acquires this in-room service shall also be
required to obtain a consumption on the premises license and meet all of the
requirements of this chapter.
(c) License required; fee. No hotel-motel shall be authorized to provide in-room service
until it has been issued a special license to do so. A license fee as set forth from time to
time by city council resolution shall be imposed to provide only beer and wine by "in-
room service."
(d) Limited by restrictions. The sale of beer and wine by in-room service shall be
subject to all the restrictions and limitations relative to the retail sale of any alcoholic
beverages, except as provided otherwise in this article.
(e) Sale of keys. Keys for in-room service shall only be sold to guests between the
hours of 7:00 a.m. and 12:00 midnight Monday through Saturday and between the
hours of 12:30 p.m. and 12:00 midnight on Sunday.
(Ord. No. 06-11-13, § 1(ch. 7, art. 8, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
8, § 1), 12-6-2007)
Secs. 4-340—4-358. - Reserved.
Sec. 4-359. - General provisions.
(a) License required; fee. Any person desiring to sell at wholesale any alcoholic
beverages in the city shall make application to the city manager for a license to do so,
which application shall be in writing on the prescribed forms, and pay any license fee as
set forth by city council resolution.
(b) Conflicts prohibited. No person who has any direct financial interest in any license
for the retail sale of any alcoholic beverages in the city shall be allowed to have any
interest or ownership in any wholesale alcoholic beverage license issued by the city.
(c) Restricted sales. No retailer shall purchase any alcoholic beverage from any person
other than a wholesaler licensed under this article. No wholesaler shall sell any
alcoholic beverage to any person other than a retailer licensed under this chapter;
provided, however, that this section shall not prohibit the purchase by one retailer of
another retailer's entire stock in a bona fide purchase of an ongoing business.
(d) Delivery by duly licensed wholesaler required. No alcoholic beverage shall be
delivered to any retail sales outlet in the city except by a duly licensed wholesaler. The
name of the wholesale distributor shall be clearly marked on the delivery vehicle.
Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tulley 5-12-11
Approved with changes by Ken Jarrard 5-19-11
(Ord. No. 06-11-13, § 1(ch. 7, art. 6, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
6, § 1), 12-6-2007)
Sec. 4-360. - Hours and days of operation.
Wholesalers shall not engage in the sale of alcoholic beverages except between 7:00
a.m. and 6:00 p.m. Monday through Saturday. There shall be no sales of alcoholic
beverages on Sunday.
(Ord. No. 06-11-13, § 1(ch. 7, art. 6, § 2), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
6, § 2), 12-6-2007)
Sec. 4-361. - Audits.
If the city manager deems it necessary to conduct an audit of the licensee's records and
books, he or she shall notify the licensee of the date, time and place of the audit.
(Ord. No. 06-11-13, § 1(ch. 7, art. 6, § 3), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
6, § 3), 12-6-2007)
Secs. 4-362—4-397. - Reserved.
Sec. 4-417. - Levied; late payment penalty.
There is hereby levied an excise tax on all beer and malt beverages produced by a
brewpub at the rate set forth by city council resolution. Such tax shall be paid to the
revenue division no later than the 20th day of each month for the preceding month's
production. A late payment penalty not to exceed ten percent of the tax otherwise due
shall be added to the amount due for any payment not received by the due date.
(Ord. No. 06-11-13, § 1(ch. 7, art. 11, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 11, § 1), 12-6-2007)
Secs. 4-418—4-436. - Reserved.
Sec. 4-437. - Levied; rate and manner of collection.
(a) An excise tax is levied on the sale of distilled spirits by the package, at the
wholesale level, and is set at the rate set forth by resolution of the city council.
(b) An excise tax is levied on the first sale or use of wine by the package at the
wholesale level and is set at the rate set forth by city council resolution.
(c) The excise tax imposed shall be collected by all wholesalers selling wines and
alcoholic beverages to persons holding retail licenses for sale to the same, in the city.
Said excise taxes shall be collected by the wholesalers at the time of the wholesale sale
Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tulley 5-12-11
Approved with changes by Ken Jarrard 5-19-11
of such beverages. It shall be the duty of each wholesaler to remit the proceeds so
collected to the revenue division of the city, on or before the 15th day of each month, for
the preceding calendar month. This remittance shall be submitted on forms as
prescribed or authorized by the revenue division of the city. Remittances shall be
accompanied by a statement under oath from a responsible person employed by the
wholesaler showing the total sales of each type of wine and alcoholic beverage, by
volume and price, disclosing for the preceding calendar month the exact quantities of
wine and alcoholic beverages, by size and type of container, constituting a beginning
and ending inventory for the month, sold to every person holding a retail license for the
sale of wine and alcoholic beverages in the city. Failure to file such a statement, or to
remit the tax collected on or before the 15th day of each month, shall be grounds for
suspension or revocation of the license provided for by this chapter.
(Ord. No. 06-11-13, § 1(ch. 7, art. 10, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 10, § 1), 12-6-2007)
Secs. 4-438—4-456. - Reserved.
Sec. 4-457. - Levied; method of collection; payment.
(a) An excise tax is levied on the first sale and use of malt beverages at the wholesale
level and is set at the rate set forth by city council resolution.
(b) The excise taxes imposed shall be collected by all wholesalers selling alcoholic
beverages to persons holding retail licenses for sale to the same, in the city. Said excise
taxes shall be collected by the wholesalers at the time of the wholesale sale of such
beverages. It shall be the duty of each wholesaler to remit the proceeds so collected to
the revenue division of the city, on or before the 15th day of each month, for the
preceding calendar month. This remittance shall be submitted on forms as prescribed or
authorized by the revenue division of the city. Remittances shall be accompanied by a
statement under oath from a responsible person employed by the wholesaler showing
the total sales of each type of malt beverage, by volume and price, disclosing for the
preceding calendar month the exact quantities of malt beverages, by size and type of
container, constituting a beginning and ending inventory for the month, sold to every
person holding a retail license for the sale of malt beverages in the city. Failure to file
such a statement, or to remit the tax collected on or before the 15th day of each month,
shall be grounds for suspension or revocation of the license provided for by this chapter.
(Ord. No. 06-11-13, § 1(ch. 7, art. 10, § 2), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 10, § 2), 12-6-2007)
Secs. 4-458—4-476. - Reserved.
Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tulley 5-12-11
Approved with changes by Ken Jarrard 5-19-11
Sec. 4-477. - Levied; method of collection; personal liability for nonpayment.
(a) An excise tax is levied upon every sale of alcoholic beverages containing distilled
spirits purchased by the drink at the retail level and is set at the rate set forth by city
council resolution.
(b) Every licensee for the sale of distilled spirits by the drink operating a place of
business in the city shall, at the time of sale for food and drinks served, itemize
separately the price of each sale of alcoholic beverages containing distilled spirits.
(c) Every licensee is required to pay the tax imposed herein for the sale of alcoholic
beverages containing distilled spirits by the drink within the licensed premises. Such
licensee shall furnish all information as may be requested by the city to facilitate the
collection of this tax. Any licensee who shall neglect, fail, or refuse to pay the tax herein
provided upon all retail sales made by the licensee of alcoholic beverages containing
distilled spirits by the drink, shall be liable for and pay the tax himself or herself.
(d) Due dates, returns and collection fees.
(1) All taxes collected by any licensee by this section shall be due and payable
to the city treasurer monthly on or before the 20th day of every month next
succeeding each respective monthly period.
(2) The return for the preceding monthly period shall be filed with the city in such
form as the city may prescribe or authorize and signed by the licensee liable for
the payment of tax hereunder.
(3) Returns shall show the gross receipts from the sale of food, if applicable,
alcoholic beverages containing distilled spirits, indicating the number sold, by the
drink, amount of tax collected or authorized due for the related period, and such
other information as may be required by the city, on forms prescribed or
authorized by the city.
(4) The licensee shall deliver the return, together with the remittance of the net
amount of tax due, to the city treasurer.
(5) Licensees collecting the tax shall be allowed three percent of the first
$3,000.00 of tax due and one-half percent of the amount in excess of $3,000.00
as a vendor's credit under this section and shall be reimbursed in the form of a
deduction in submitting, reporting and paying the amount due, if said amount is
not delinquent at the time of payment. The rate of the deduction shall be the
same rate authorized for deductions from state law as now or hereafter
amended.
Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tulley 5-12-11
Approved with changes by Ken Jarrard 5-19-11
(Ord. No. 06-11-13, § 1(ch. 7, art. 10, § 3), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 10, § 3), 12-6-2007)
Secs. 4-478—4-496. - Reserved.
Sec. 4-497. - Deficiency determinations; penalty.
(a) If the city is not satisfied with the return of the tax or the amount of the tax required
to be paid to the city by a party, the city may compute and determine the amount
required to be paid upon the basis of any information within its possession or that may
come into its possession. One or more deficiency determinations may be made of the
amount due for any monthly period.
(b) The amount determined to be deficient shall bear interest at the rate of one percent
per month, or fraction thereof, from the 15th day of the month after the close of the
period for wholesale tax due, or from the 20th day after the close of the period for retail
tax due, which the amount or any portion thereof should have been returned until paid,
in addition to any other penalties which may be imposed.
(c) For any deficiency which is determined to be made due to fraud, or an intent to
evade any provisions of this article, a penalty of 25 pe rcent of the deficiency shall be
added thereto.
(d) The city shall give to the licensee written notice of the determination. The notice
may be served personally or by mail; if by mail such service shall be addressed to the
licensee at his or her address as it appears in the city records. In the case of service by
mail of any notice required by this article, the service is complete at the time of deposit
in the United States post office.
(e) Except in the case of fraud, intent to evade this article, or f ailure to make a return,
every notice of deficiency determination shall be mailed within three years after the 20th
of the calendar month following the monthly period for which the amount is proposed to
be determined, or within three years after the return is filed, whichever period should
last expire.
(Ord. No. 06-11-13, § 1(ch. 7, art. 10, § 4), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 10, § 4), 12-6-2007)
Sec. 4-498. - Determination of tax if no return filed; penalty.
(a) If any licensee fails to make a return, the city shall make an estimate of the amounts
of the gross receipts of the licensee, or as the case may be, of the amount of the total
sales in the city which are subject to the tax. The estimate shall be made for the period
in respect to which the licensee failed to make the return and shall be based upon any
Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tulley 5-12-11
Approved with changes by Ken Jarrard 5-19-11
information which is or may come into the city's possession. Upon the basis of this
estimate, the city shall compute and determine the amount require d to be paid the city.
One or more determinations may be made for each period.
(b) If the failure of any person to file a return is due to fraud or an intent to evade this
article, a penalty of 25 percent of the amount required to be paid by the party sh all be
added thereto in addition to any other penalties which are imposed under this chapter.
(c) The city shall promptly give to the party written notice of the deficiency.
(Ord. No. 06-11-13, § 1(ch. 7, art. 10, § 5), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 10, § 5), 12-6-2007)
Sec. 4-499. - Interest and penalty for failure to pay tax.
(a) Any party who fails to pay the tax herein imposed by the city, or fails to pay any
amount of such tax required to be paid by the party shall, in addition to the tax, pay
interest on the outstanding tax obligation at the rate of one percent per month, or
fraction thereof, from the date the tax payment was last due until payment is made.
(b) Any party who fails to pay the tax herein imposed by the city, or fails to file any
required tax return to the city, within the time required, shall pay a penalty of 15 percent
of the tax, or amount of the tax and interest, due the city.
(Ord. No. 06-11-13, § 1(ch. 7, art. 10, § 6), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 10, § 6), 12-6-2007)
Sec. 4-500. - Failure to pay grounds for suspension or revocation.
Failure to pay the taxes imposed by this article or file the required return shall be
grounds for suspension or revocation of any retail license to sell alcoholic beverages in
the city. In the event that any person holding a retail license shall fail to fi le the required
return or to pay the taxes imposed by this article, it shall be grounds for suspension or
revocation of any retail license to sell alcoholic beverages in the city. In the event that
any person holding a retail license shall fail or refuse to pay to the wholesaler selling to
him or her alcoholic beverages the tax imposed by the city, the wholesaler shall
immediately report such failure to pay to the business license division of the city and
shall make no further sales of any alcoholic beverages whatsoever to said retailer until
receipt of written notification to do so from the city. In such event, the tax may be
collected by the city by an action at law against the retailer.
(Ord. No. 06-11-13, § 1(ch. 7, art. 10, § 7), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 10, § 7), 12-6-2007)
Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tulley 5-12-11
Approved with changes by Ken Jarrard 5-19-11
Secs. 4-501—4-519. - Reserved.
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Sudie Gordon, City Clerk
Date: June 3, 2011 for June 20, 2011 City Council Meeting for First Presentation and
onto the July 6, 2011 for Adoption
Agenda Item: An Ordinance of the City Council to Authorize Fulton County to Conduct
Election
CMO (City Manager’s Office) Recommendation:
Approve the attached ordinance authorizing Fulton County to Conduct Election.
Background:
On November 8, 2011, an election will be held in the City of Milton to elect the City
Councilmembers for Districts 2, 4, and 6. O.C.G.A. §21-2-5 provides that a municipality may
authorize and contract with a county to conduct elections. Approval of this Ordinance will
establish authority that the Mayor is authorized to enter into a contract with the Fulton County
Department of Registrations and Elections to conduct this election. A copy of the contract is
attached to the ordinance and incorporated therein.
Discussion:
The Fulton County Board of Registration shall operate as the “Superintendent” of the election
and shall perform any and all functions of the City of any of its officials in connection with the
conduct of such election or runoff thereof.
Alternatives: N/A
Concurrent Review: Ken Jarrard, City Attorney
Chris Lagerbloom, City Manager
STATE OF GEORGIA
ORDINANCE NO.
COUNTY OF FULTON
AN ORDINANCE OF THE CITY COUNCIL TO
AUTHORIZE FULTON COUNTY TO CONDUCT ELECTION
BE IT ORDAINED by the City Council of the City of Milton, GA while in regular session on
July 6, 2011 at 6:00 p.m. as follows:
WHEREAS, on November 8, 2011, an election will be held in the City of Milton to elect the
City Council members for Districts Two, Four and Six; and
WHEREAS, O.C.G.A. § 21-2-45 provides that a municipality may authorize and contract with a
county to conduct elections:
1.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF MILTON, and it is hereby ordained and established by authority of the same, that the
Mayor is authorized to enter into a contract with the Fulton County Department of Registrations
and Elections to conduct this election using ExpressPoll or other such measures approved by the
Georgia Secretary of State, which contract is attached hereto and incorporated herein.
2.
All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the
effective date of this Ordinance.
3.
Severability. Should any section of this Ordinance be declared invalid or unconstitutional by any
court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as
a whole or any part thereof which is not specifically declared to be invalid or unconstitutional.
4.
This Ordinance shall take effect and be in force from and after the date of its adoptio n, the public
welfare demanding it.
2
The above Ordinance having been read according to law is hereby approved by the Mayor and
Council of the City of Milton, Georgia on this 6th day of July, 2011.
Joe Lockwood, Mayor
Attest:
______________________________
Sudie AM Gordon, City Clerk
______________________________ _______________________________
Karen Thurman, Councilmember Burt Hewitt, Councilmember
______________________________ _______________________________
Julie Zahner Bailey, Councilmember Joe Longoria, Councilmember
__________________________ _______________________________
Bill Lusk, Councilmember Alan Tart, Councilmember
GEORGIA
FULTON COUNTY:
THIS AGREEMENT entered into between the City of Milton, a municipal
corporation lying wholly or partially within the County of Fulton, Georgia, hereinafter
referred to as "City", and FULTO N COUNTY, a political subdivision of the State of Georgia
hereinafter referred to as "County".
WITNESSETH:
WHEREAS, City in the performance of its governmental functions will hold the
election hereinafter described; and,
WHEREAS, under the provisions of the Georgia Municipal Election Code,
particularly Section 21-2-45(c) of the Official Code of Georgia, Annotated, City may by
ordinance authorize County to conduct such election and City has heretofore adopted such
an ordinance:
NOW, THEREFORE, in consideration of the premises contained herein, it is hereby
agreed as follows:
1.
This contract shall govern the conduct of the following election hereinafter referred
to as "election," City of Milton General Election to be held on November 8, 2011 and the
City of Milton General Runoff Election to be held on December 6, 2411.
a.
2.
The Fulton County Board of Registration and Elections shall operate as the
"Superintendent" of the aforementioned election and shall perform any and all functions of
the City or any of its officials in connection with the conduct of such election or runoff
thereof, except as hereinafter provided.
3.
The cost of such elections shall be in accordance with the budget attached hereto
as Exhibit "A" and made a part hereof by reference. City agrees to pay County the original
sum of $42,746.00 for the City of Milton General Election and $36,593.00 for the City of
Milton General Runoff Election, to be maintained in a separate election account with all
expenses and charges in connection with the election to be recorded and paid from said
account. City shall remit said funds to County upon execution of this contract by all parties
involved. Within one hundred twenty (120) days after the date of the election or any run-off
election related thereto, whichever is last to occur, County shall furnish to City a complete
statement showing all costs and expenses incurred in the election and refund any excess
in the election account or collect any deficit which may be in said account. After this time,
all other invoices received will be forwarded to the City for payment.
2
4.
The County shall not be financially responsible for any liability resulting from
or furnishing of any services in the form of legal opinions or defenses in connection
with any litigation arising by reason of the election. All legal services and defenses
of litigation required by any Board or person arising from the afore -mentioned
election(s) under this contract shall be furnished by the City Attorney for the City.
Should the City Attorney for any reason fail to provide the legal services referred to
in this paragraph, the Superintendent shall have authority to engage the Fulton
County Legal Department at the expense of the City; provided, however, that all
requests for legal assistance by the County from the City Attorney to provide such
service shall be communicated in writing before the City will be obligated to pay for
legal services under this paragraph; provided, further, that the failure of the City
Attorney's office to respond to a request made hereunder, within a reasonable time,
shall be deemed to be a refusal to furnish such services. County shall notify City in
writing of its determination that the City has failed to respond as contemplated
hereinabove before incurring legal fees on its own behalf far which the City shall be
responsible.
5.
All decisions concerning the qualifications of candidates shall be determined by the
Clerk of Council of the City of Milton in accordance with the provisions of the Municipal
Election Code and the Code of Ordinances of the City.
2
A
Should it be necessary to comply with legal requirements that any of the County's
personnel shall be sworn in as a temporary officer or employee of the City, such formality
shall be observed without limitation.
7.
To the extent allowed by law, the CITY agrees to indemnify, defend and hold
harmless FULTON COUNTY with respect to any claim, demand, action, damages,
judgment, cost and/or expenses (including, without limitation, reasonable attorney's fees
and legal expenses) to which FULTON COUNTY may be subjected as a consequence of
or as a result of any error, omission, tort, intentional tort, willful misconduct, or any other
negligence on the part of the CITY and/or its employees.
To the extent allowed by law, FULTON COUNTY agrees to indemnify, defend and
hold harmless the CITY with respect to any claim, demand, action, damages, judgment,
cost andlor expenses (including, without limitation, reasonable attorney's fees and legal
expenses) to which the CITY may be subjected as a consequence of or as a result of any
error, omission, tort, intentional tort, willful misconduct, or any other negligence on the part
of the FULTON COUNTY and/or its employees.
IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their
seals pursuant to resolutions of their governing bodies duly adopted and entered on the
Minutes thereof.
CITY OF MILTON
(Seal)
Mayor
APPROVED AS TO FORM:
City Attorney
5
Attest:
City Clerk
FULTON COUNTY
Wim
CONTRACTNOV11.MiLT
APPROVED AS TO SUBSTANCE:
(Seal)
Chair, Board of Commissioners
Clerk to Commission
APPROVED AS TO FORM:
County Attorney
(Seal)
Fulton County Board of Registration & Elections
6
PROJECTED COST MILTON GENERAL ELECTION NOVEMBER 8, 2077
EXHIBIT A
350-265-2683-1001 SALARIES - OVERTIME (prorated)
Poll Workers
Information Technology, Registration & Elections ......... ..............................
2 Dual Manager @ $275..._ ............. ...
$2;563
350-265-2683-1004 SALARIES - TEMPORARY(prorated)
$1,750
18 Asst Mgrs @ $200, .......................... ............
Admin. Aides, Pall Wrkr Instructs, Drivers, etc .................................
$18,923
$3,500
Total Temporary Salaries...___ ............................... ..........
........ ..... .......
$18,923
350-265-2683-1010 SOCIAL SECURITY
Election Night Workers (@ variable rates (prorated) ...... ..............
. $1,406
(salaries) ............................................................
$21,486 .............
$1,330
350-265-2683-1011 SOCIAL SECURITY -MEDICARE.......
$21,486 ..............
$310
350-265-2683-1060 UNEMPLOYMENT INS ....................
$21,486 ..............
$40
350-265-2683-1120 RENTAL EQUIPMENT (prorated)
350 -265 -2683 -1346 -MILEAGE (prorated)
Vans, Tables, Radios, Chairs Cell Phones_
$1,403
350-265-2683-1452 VEHICLE SUPPLIES (prorated)
TOTAL LEASES._. . ....... _.. __ _ ......................
................
$1,403
350-265-2683-1121 RENTAL BUILDINGS
Public and Private Facilities
TOTAL RENTAL ..
.................... $1,000
350-265-2683-1159 HOURLY FEE PERSONNEL
Poll Workers
2 Dual Manager @ $275..._ ............. ...
$550
7 Chief Mgrs @ $250... .................................
$1,750
18 Asst Mgrs @ $200, .......................... ............
$3,600
20 Clerks @ $175.. ..........................
$3,500
PW Trng. Class (47 @$30Jea) .................................
$1,410
Total Poli Workers...............................................................
$10,810
Election Night Workers (@ variable rates (prorated) ...... ..............
. $1,406
TOTAL HOURLY FEE PERSONNEL_ .....................
...---.--............ $12,220
350-265-2683-1160 PROFESSIONAL SERVICES (prorated)
AttorneyFees ............... ........................................................
$28
350-265-2683-1178 FEES (prorated)
5 Members @ $50/meeting (prorated). ................
$47
350 -265 -2683 -1346 -MILEAGE (prorated)
SAD Election Day Mileage... - ................ ...............................
$180
350-265-2683-1452 VEHICLE SUPPLIES (prorated)
Gasoline........................................................................................
$841
350-265-2683-1456 POSTAGE (prorated)
Absentee Ballots
letters to voters, candidates,
Poll workers, other ................. ............ $170
...
BALANCE CARRIED FORWARD... ......... -- $39:055
PROJECTED COST MILTON GENERAL ELECTION NOVEMBER 6, 2077
EXHIBIT A
BALANCE BROUGHT FORWARD........ ....111..1 ....................... $39,055
350-265-2683-1459 PRINTING & BINDING (prorated)..----- $825
350-265-2683-1461 PHOTOCOPIES (prorated) .............................................. $206
350-265-2683-1462 OFFICE SUPPLIES (prorated)
Miscellaneous Office Supplies_ . ........................... $336
Ballot Cards @ $4001M (1,800)+ set up feelshipping. $1,283
TOTAL SUPPLIES. - . ....... .............................. ................. $3,620
350-265-2683-1475 STOCKPAPER (prorated)., - - , _ - . ......... ........................... $38
350-265-2683-1501 INSURANCE -HEALTH ........................1............1
...---1 $280
354-265-2683-1505 INSURANCE - LIFE_ ........... ........
................. $20
350-265.2683-1510 INSURANCE - DENTAL ..................................................
$30
354-265-2683-1512 INS -VISION .............................................
..1111............ $10
350-265-2683-1522- RETIREMATCH...........................................................
$76
350-265-2683-1525 PENSION EMPLOYEES...........................................1111...
$460
350-265-2683-1527 DC-CNTR-EPLR.........................................................
$102
350-265-2683-1529 DC-CNTR-2%.............I.................... ..............................
$25
TOTAL MILTON GENERAL ELECTION..................................................................... $42.746
PROJECTED COST MILTON GENERAL ELECTION NOVEMBER 8, 2077
EXHIBIT A
MILTON GENERAL RUNOFF - DECEMBER 6, 2011
350-265-2684-1001 SALARIES - OVERTIME (prorated)
Information Technology, Registration & Elections
$2,574
350-265-2684-1004 SALARIES - TEMPORARY (prorated)
Admin. Aides, Drivers, etc.. .... ........................ $16,242
(prorated)
350-265-2684-1010 SOCIAL SECURITY
(salaries) ...................... .................... $18,816............... $1,170
350-265-2684-1011 SOCIAL SECURITY -MEDICARE....... $18,816 ............... $270
350-265-2669-1060 UNEMPLOYMENT INS .................... $18,816 ............... $40
350-265-2684-1120 RENTAL EQUIPMENT (prorated)
Vans, Radios, Tables, Chairs and Cell Phones. ........ ..... $1,918
TOTAL LEASES........... ...................... $1,918
350-265-2684-1121 RENTAL BUILDINGS
Public and Private Facilities... ...... $1,000
TOTALRENTAL.......................................................... $1,000
350-265-2684-1159 HOURLY FEE PERSONNEL
Poll Workers
2 Dual Manager @ $275 ................... ...............
$550
7 Chief Mgrs @ $250_ . .............
$1,750
18 Asst Mgrs @ $200 ............................ .............
$3,600
20 Clerks @ $175_ ........ ............
$3,500
Total Poll Workers..................................................................
$9,400
Election Night Workers (@ variable rates (prorated).....,
................ $,1,041
TOTAL HOURLY FEE PERSONNEL__ ... ....... $10,440
350-265-2684-1160 PROFESSIONAL SERVICES (prorated)
AttorneyFees. . ................................................................................ $39
350-265-2684-1178 FEES (prorated)
5 Members @ $50/meetin .............. $64
350 -265 -2684 -1346 -MILEAGE (prorated)
SAD Election Day Mileage. - . - . ......... ............................................ $248
350-265-2684-1452 VEHICLE SUPPLIES (prorated)
Gasoline_ ............................................... $759
350-265-2684-1456 POSTAGE (prorated)
Absentee Ballots
letters to voters, candidates,
poll workers, other......, ........ .................... ..................... $116
356-265-2684-1459 PRINTING & BINDING (prorated)....... $0
350-265-2684-1461 PHOTOCOPIES (prorated) ............................................. $13
BALANCE CARRIED FORWARD ............................................... ....................... $34,893
PROJECTED COST MILTON GENERAL. ELECTION NOVEMBER 8, 2011
EXHIBIT A
BALANCE BROUGHT FORWARD ........................................... ......................... $34.893
350-265-2684-1462 OFFICE SUPPLIES
Miscellaneous Office Supplies (prorated), - . .......... $45
Ballot Cards @ $400fM (900)+ set up fee/shipping.... $630
TOTAL SUPPLIES........................................................
$680
350-265-2684-1475 STOCKPAPER (prorated) ................................................
$17
350-265-2684-1501 INSURANCE -HEALTH ................ ........ ....................
.1— $280
350-265-2684-1505 INSURANCE - LIFE ........ ....... ......... ... .................... ........
$20
350-265-2684-1510 INSURANCE - DENTAL_ ...... ...........
$30
.............
$10
350-265-2683-1522- RETI REMATCH..........................................................
$76
350-265-2684-1525 PENSION EMPLOYEES-__ ..... ........ ..........................
$460
350-265-2683-1527 DC-CNTR-EPLR............................................................
$102
350-265-2683-1529 DC-CNTR-2%......................................................................
. $25
TOTAL MILTON RUNOFF ELECTION........................................................................ $36,593
TOTAL MILTON GENERAL AND RUNOFF ELECTIONS ............................................... 199
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 20, 2011
6/13/2011 Page 1 of 25
RZ11-13/VC11-02
R/A RZ73-55
RZ11-13/VC11-02
PROPERTY INFORMATION
ADDRESS 14355 Providence Road
DISTRICT, LAND LOT 2/2 845
OVERLAY DISTRICT Northwest Fulton
EXISTING ZONING C-1 (Community Business) RZ73-55
/AG-1(Agricultural)
PROPOSED ZONING O-I (Office-Institutional)/AG-1 (Agricultural)
ACRES 1.32
EXISTING USE Office (2,124 heated sq. ft.) and 2 accessory structures
(unheated 2,216 sq. ft.) Total of 4,340 sq. ft.
PROPOSED USE Office (3,524 heated sq. ft.) and 2 accessory structures
(unheated 2,216 sq. ft.) Total of 5,740 sq. ft.
PETITIONER Segars & Snidow, LLC
ADDRESS 14355 Providence Road
Milton, GA 30004
770-757-7279
REPRESENTATIVE Donald A. Rolader, Esq.
PHONE 770-442-0330
INTENT
To rezone from C-1 (Community Business) and AG-1 (Agricultural) to O-I (Office-
Institutional) and AG-1 (Agricultural) to expand an existing building and two existing
buildings for a total of 5,740 square feet with the following four-part concurrent
variance:
1) Sect.64-730(c) (1) To reduce the 40 foot side yard setback adjacent to a street to
10 feet along the east property line;
2) Sect. 64-1433(e) To allow off-street parking within the side corner yard along the
east property line;
3) Sect. 64-1141(3) a. To reduce the 50 foot buffer and 10 foot improvement setback
along the west property line to a 20 foot buffer;
4) Section 64-1141 (3) a. To reduce the 50 foot buffer and 10 foot improvement
setback along the north property line to 0 feet.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 20, 2011
6/13/2011 Page 2 of 25
RZ11-13/VC11-02
R/A RZ73-55
COMMUNITY DEVELOPMENT RECOMMENDATION
RZ11-13 – APPROVAL CONDITIONAL
VC11-02 – PARTS 1 THROUGH 4 – APPROVAL CONDITIONAL
CITY OF MILTON PLANNING COMMISSION – MAY 24, 2011
RZ11-13 – APPROVAL CONDITIONAL – 6-0
VC11-02 – PARTS 1 THROUGH 4 – APPROVAL CONDITIONAL – 6-0
The Planning Commission asked the applicant to clarify the request to delete
the 50 foot buffer and 10 foot improvement setback to 0 feet. The applicant
stated that it preserved the overall aesthetic quality of the property. The
Planning Commission approved the request for the rezoning and the four part
concurrent variance adding the following condition:
Condition 3.g. If subject property is to be sold, a 50-foot undisturbed buffer
along the north property line shall be required.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 20, 2011
6/13/2011 Page 3 of 25
RZ11-13/VC11-02
R/A RZ73-55
LOCATION MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 20, 2011
6/13/2011 Page 4 of 25
RZ11-13/VC11-02
R/A RZ73-55
CURRENT ZONING MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 20, 2011
6/13/2011 Page 5 of 25
RZ11-13/VC11-02
R/A RZ73-55
FUTURE LAND USE PLAN MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 20, 2011
6/13/2011 Page 6 of 25
RZ11-13/VC11-02
R/A RZ73-55
EXISTING ZONING DISTRICTS WITH AS-BUILT IMPROVEMENTS
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 20, 2011
6/13/2011 Page 7 of 25
RZ11-13/VC11-02
R/A RZ73-55
PROPOSED ZONING DISTRICT EXHIBIT WITH AS-BUILT IMPROVEMENTS
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 20, 2011
6/13/2011 Page 8 of 25
RZ11-13/VC11-02
R/A RZ73-55
SITE PLAN SUBMITTED APRIL 11, 2011 (Parcel adjacent Haystack Lane)
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 20, 2011
6/13/2011 Page 9 of 25
RZ11-13/VC11-02
R/A RZ73-55
Front of Existing Office
Side of Existing Office
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 20, 2011
6/13/2011 Page 10 of 25
RZ11-13/VC11-02
R/A RZ73-55
West accessory structure
East accessory structure
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 20, 2011
6/13/2011 Page 11 of 25
RZ11-13/VC11-02
R/A RZ73-55
North toward Lot 13 on Haystack Lane
Pavilion on subject site looking west
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Looking south toward accessory structure from pavilion
Haystack Lane location of existing C-1
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Location Parcel / Zoning
Petition
Zoning / Name Approved
Density/Min.
Heated Floor Area
North,
East,
Northwest
1
AG-1 (Agricultural) The
Hayfield Subdivision
1 unit per acre
N/A
Further
North and
Northwest
2
RZ03-159/RZ01-
060
CUP (Community Unit Plan)
Triple Crown Subdivision
1 unit per acre
2,500 square feet
East 3
AG-1 (Agricultural)
Single Family Residence/Farm
1 unit per acre
N/A
Further
East
4
RZ77-010
C-1 (Community Business)
The Union Restaurant
Existing structure
Southeast
and
South
5
AG-1 (Agricultural)
Scattered Single Family
Residences
1 unit per acre
N/A
Further
South
6
RZ76-86
R-2A(Residential)
Crabapple North Subdivision
1 unit per acre
N/A
West 7 AG-1 (Agricultural)
Single Family Residence
West 8
RZ62-38
C-1 (Community Business)
Building used as Storage
(Pending RZ11-14/VC11-3)
Existing Structure
West 9
AG-1 (Agricultural)
Pleasant Hollow Farm
Subdivision
1 unit per acre
N/A
Southwest 10
(None)
AG-1 (Agricultural)
Providence Baptist Church
and Cemetery
N/A
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EXISTING USES LOCATION MAP
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SUBJECT SITE:
The subject site with the existing C-1 (Community Business) district is 1.61acres
and is located on Haystack Lane within the Hayfield Subdivision and the eastern
portion of the existing office building parcel. The applicant is requesting 1.15
acres of the parcel located within the subdivision be rezoned to AG-1
(Agricultural) to bring the subdivision into compliance with the AG-1
(Agricultural) district. The remainder of the parcel where the office building is
located is currently zoned C-1 (Community Business) and consists of .46 acre
and .86 acre. This C-1 (Community Business) of AG-1 (Agricultural) is proposed to
be rezoned to O-I (Office-Institutional) for a total of 1.32 acres to bring the office
building into zoning compliance. The site is located within the Agricultural Land
Use designation on the City’s Current Future Land Use Map.
Staff notes that the location of the C-1 district was discovered when the
applicant submitted plans to expand the existing office by 1,400 square feet. It
was then determined that based on the legal description included in the 1973
zoning file that the C-1 (Community Business) district was not located where the
building and its associated lot was located but it bisected Haystack Lane and a
small portion of the lot where the office was located. The applicant’s surveyor
confirmed Staff’s location of the commercial district by applying the legal
description to an as-built survey that is part of this application. It is Staff’s
supposition that the original applicant of RZ73-55 was unaware of the incorrect
legal description at the time of the zoning approval.
The applicant and his legal counsel met with Staff to determine what action was
needed to bring the Hayfield Subdivision into compliance as well as the existing
office. It was determined that by “swapping” the zoning designations, the
applicant could permit and build his small addition to the existing office and
bring the subdivision into compliance by eliminating the C-1 (Community
Business) district and down zoning to O-I (Office-Institutional) and rezoning the
appropriate portion to AG-1 (Agricultural).
The proposed new O-I (Office-Institutional) includes a portion of the lot to the
west which is also owned by the applicant currently zoned AG-1 (Agricultural).
By including a small portion of the lot, the applicant can bring the western
property line into compliance with a minimum side yard setback for the existing
west accessory building. The total acreage for the new O-I (Office-Institutional)
is 1.32 acres which is less than the original C-1 (Community Business) parcel
consisting of 1.61 acres.
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SITE PLAN ANALYSIS
Based on the applicant’s revised site plan submitted to the Community
Development Department on April 11, 2011, Staff offers the following
considerations:
DEVELOPMENT STANDARDS – SEC. 64-730 for O-I (Office-Institutional) except
where indicated
Front yard – For all property and lots located adjacent to public rights-of-
way and 400 feet or more beyond an intersection, buildings shall be set
back no more than 30 feet from the edge of the required landscape strip
or easements. (Northwest Fulton Overlay District)
Side yard – 20 feet
Side yard adjacent to a street – 40 feet
Rear yard- 25 feet
Minimum lot frontage – 100 feet
The area of the footprint of all buildings and parking shall not exceed 70
percent of the total land area.
Height - There shall be a maximum height limit of two stories with the
maximum height 30 feet from average finished grade to the bottom of
the roof eave. (Northwest Fulton Overlay District)
The site plan indicates compliance with the development standards except for
the side yard adjacent to a street along the east property line. Therefore, the
applicant is requesting the following concurrent variance.
Part 1 - To reduce the 40 foot side yard setback adjacent to a street to 10 feet
along the east property line Sect.64-730(c) (1)
The applicant’s request is needed to permit legal use of the property,
specifically the 1,026 square foot accessory building along the east property line
nearest to Haystack Lane. This structure was constructed between 2000 and
2002 based on aerial photography. There is a retaining wall and landscaping
al ong Haystack Lane that provides additional screening of the structure from
the street.
It is Staff’s opinion that by granting the reduction of the side yard setback from
40 feet to 10 feet would not offend the spirit or intent of the zoning ordinance.
This situation has existed since the 1973 zoning unbeknownst to the previous and
current property owner and this exceptional situation or condition was not
caused by the applicant. In addition, the variance would not cause a
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substantial detriment to the public good and surrounding properties as the
applicant is the developer of the adjacent subdivision and owns the nearby
properties. Lastly, the public safety, health and welfare are secured, and
substantial justice is done. Therefore, Staff recommends APPROVAL
CONDITIONAL of VC11-02, Part 1.
Streetscape and Landscape Strips- Sec. 64-1141 (1)- Northwest Fulton Overlay
District
Front adjacent to Providence Road – 10 foot landscape strip
Side Corner adjacent to Haystack Lane – 10 foot landscape strip
The site plan submitted complies with the requirements for streetscape and
landscape strips of the Northwest Overlay District.
Landscape Buffers – Sec. 64-1141(3) – Northwest Fulton Overlay District
When non-residential uses are proposed adjacent to single family or AG-1
(Agricultural) districts for properties four acre or less, a 50 foot buffer and 10 foot
improvement setback are required. The applicant is requesting the following
two concurrent variances to reduce and delete this requirement respectively.
Part 3 - To reduce the 50 foot buffer and 10 foot improvement setback along the
west property line to a 20 foot buffer. Sect. 64-1141(3) a
Part 4 - To reduce the 50 foot buffer and 10 foot improvement setback along the
north property line to 0 feet. Section 64-1141 (3) a
The adjacent property to the west is developed with a single family residence
and is also owned by the applicant. The adjacent single family residence to the
north is the applicant’s personal home. Located to the rear of the office there is
a fully landscaped area that is adjacent to both the north and west property
line. There are trident maple, sugar maples, elm and a large grouping of mature
sweet gums and pines. This careful natural landscaping provides an
aesthetically pleasing vista that is consistent with the intent of the Northwest
Fulton Overlay as follows:
1) To preserve and to ensure the harmony and compatibility of the character of
the area including its physical appearance, natural setting and informal
landscaping;
2) To preserve open space;
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3) To be aware and respectful of the environments natural resources and visual
qualities.
Requiring a large visual buffer along the west and south property lines impede
the existing vistas on the subject property and adjacent properties that are
consistent with the Northwest Fulton Overlay’s intent. This could offend the spirit
or intent of the zoning ordinance.
In addition, this situation has existed since the 1973 zoning unbeknownst to the
previous and current property owner and this exceptional situation or condition
was not caused by the applicant. In addition, the variance would not cause a
substantial detriment to the public good and surrounding properties as the
applicant is the developer of the adjacent subdivision and nearby properties.
Lastly, the public safety, health and welfare are secured, and substantial justice
is done. Therefore, Staff recommends APPROVAL CONDITIONAL of VC11-02, Parts
3 and 4.
OTHER SITE PLAN CONSIDERATIONS
Pursuant to Sect 64-1433(e) No off-street parking shall be permitted within the
required setback for the front yard and the side corner yard. No off-street
parking shall be permitted within 25 feet of any property line which adjoins a
single-family residential district or use. Therefore, the applicant is requesting the
following concurrent variance.
Part 2 - To allow off-street parking within the side corner yard along the east
property line Sect. 64-1433(e)
The applicant’s site plan indicates the required handicapped parking space
and two additional standard spaces. This is the only accessible location for the
handicapped space to gain access to the office building. Adjacent to the east
of the parking spaces is a retaining wall and landscaping along Haystack Lane
that provides additional screening of the parking lot from the street.
It is Staff’s opinion that by granting off-street parking within the side corner yard
would not offend the spirit or intent of the zoning ordinance. This situation has
existed since the 1973 zoning unbeknownst to the previous and current property
owner and this exceptional situation or condition was not caused by the
applicant. In addition, the variance would not cause a substantial detriment to
the public good and surrounding properties as the applicant is the developer of
the adjacent subdivision and nearby properties. Lastly, the public safety, health
and welfare are secured, and substantial justice is done. Therefore, Staff
recommends APPROVAL CONDITIONAL of VC11-02, Part 1.
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Parking Requirements
The site plan submitted indicates a total of 12 parking spaces. The proposed
office expansion will consist of a total of 3,524 square feet. Pursuant to Sec. 64 -
1410, Calculations, 3 spaces per 1000 square feet are required. Based on this
calculation, a total of 10 spaces are required. Staff notes that the two accessory
structures behind the office are unheated and used for storage/garage and
therefore are not required to provide parking.
Staff notes that the parking is located on a gravel lot which is encouraged in the
Northwest Fulton Overlay District. A condition will be included to require the
parking to be on gravel except for the required handicapped space.
ENVIRONMENTAL SITE ANALYSIS
The Environmental Site Analysis (ESA) report is sufficient and satisfies the
requirement of Section 64.2126. A field survey of the site was conducted by Staff
to verify areas addressed in the ESA report. The proposed site does not contain
wetlands, floodplains, streams, steep slopes, historical sites or sensitive plant and
animal species.
ARBORIST COMMENTS
The existing conditions of the site in conjunction with the adjacent sites presently
provide a very naturalistic wooded/park setting. The two adjacent properties
have been cleared of underbrush and have been maintained in a very good
state. The eastern tract has some native trees remaining as well as additional
tree plantings. An evergreen screening buffer would detract rather than
enhance the site for all three of the properties. If any buffer is required, consider
a buffer planted to landscape strip standards.
Based on the site plan and the tree survey provided, none of the trees will be
impacted by the addition to the office. A pre-construction meeting will be
required to ensure that the existing trees and their drip lines will be protected.
CITY OF MILTON FIRE MARSHAL
There are no outstanding fire code issues associated with the proposed rezoning
as they are now presented.
DESIGN REVIEW BOARD MEETING COURTESY REVIEW – MAY 3, 2011
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Buffers should be preserved, heavily planted.
Work with Arborist to come up with possible alternate planting plan.
PUBLIC INVOLVEMENT
On April 27, 2011 the applicant was present at the Community Zoning
Information Meeting (CZIM) held at the Milton City Hall. There were eight
members of the community in attendance.
The members of the community understood the situation and were not opposed
to the applicant’s request.
Public Comments – Staff has not received any correspondence regarding this
development.
PUBLIC PARTICIPATION REPORT
The applicant will host a Public Participation Meeting on Wednesday, May 18,
2011 at the applicant’s existing office. The applicant has submitted a Public
Participation Report that currently includes the CZIM meeting. An updated
Public Participation Report will be submitted after the meeting on May 18, 2011.
The members of the community did not have any issue with the request to
expand the office and correct the zoning.
Standards of Review
(Section 64-2104) Planning Staff shall, with respect to each zoning application,
investigate and make a recommendation with respect to factors 1 through 7,
below, as well as any other factors it may find relevant.
1. Whether or not the proposal will permit a use that is suitable in view of the
use and development of adjacent and nearby Property?
The existing office, accessory buildings and proposed addition of 1,400
square feet totaling 5,740 square feet is at an overall density of 4,348.48
square feet per acre. The primary use surrounding the property is single
family residential homes located on minimum one acre lots. There is a
horse farm to the east and further to the east is The Union Restaurant
zoned C-1 (Community Business) pursuant to RZ77-10. To the south are
scattered single family homes on AG-1 (Agricultural) as well as minimum
one acre lots further to the south in the Crabapple North Subdivision
zoned R-2A (Residential). To the southwest is the Providence Baptist
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Church and cemetery with the existing building which was built in 1940
prior the requirement of zoning regulations. West of the subject site is a
single family residence owned by the applicant and another C-1
(Community Business) parcel with a metal and concrete building which
will be under consideration pursuant to RZ11-14/VC11-03. It is currently
being utilized as storage for a local sign company. Further to the west is
the Pleasant Hollow Farms Subdivision zoned AG-1 (Agricultural) and
developed with large single family residences.
Based on the fact that the location of the existing office was presumed to
be zoned C-1 (Community Business) for years and has been improved
and used for an office and by rezoning to O-I (Office-Institutional) it will
further restrict the uses of the property, it is a suitable use for the property.
2. Whether or not the proposal will adversely affect the existing use or
usability of adjacent or nearby property?
It is Staff’s opinion that the proposal will not adversely affect existing use or
usability of the adjacent properties as described above.
3. Whether the property to be affected by the proposal has a reasonable
economic use as currently zoned?
The subject site does not have a reasonable use as currently zoned C-1
(Community Business) and AG-1 (Agricultural) because it causes both the
existing subdivision and the existing office to be out of compliance with
the Zoning Ordinance.
4. Whether the proposal will result in a use which will or could cause an
excessive or burdensome use of existing streets, transportation facilities,
utilities or schools?
Staff does not anticipate a significant impact on existing streets,
transportation facilities, utilities, or schools as proposed.
5. Whether the proposal is in conformity with the policies and intent of the
land use plan?
Future Land Use Plan Map: Agricultural
Proposed use/density:
Office /4,348.48 square feet per acre
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The Future Land Use Plan Map suggests Agricultural for the subject site
and for properties north of Providence Road and Residential 1 unit or less
for properties south of Providence Road.
The Milton City Council adopted the Partial Plan Update to the City’s
Comprehensive Plan on December 21, 2009. The proposed development
is consistent with the following Plan Policies if developed with the
recommended conditions:
We will encourage the preservation of natural resources areas and
preserve contiguous green open spaces development of land in
appropriate designated areas as development occurs.
We will promote the protection and maintenance of trees and
contiguous green open space in new development.
We will encourage development that is sensitive to the overall
setting of the community and will contribute to our community’s
character and sense of place.
6. Whether there are other existing or changed conditions affecting the use
and development of the property which gives supporting grounds for
either approval or disapproval of the proposal?
Although, the proposed zoning for O-I (Office-Institutional) is inconsistent
with the Plan Map, it is Staff’s opinion that the office has been in existence
based on previous information that the parcel was zoned C-1
(Community Business) and the use is not permitted with the majority of the
parcel zoned AG-1 (Agricultural). In addition, the area to be rezoned is
smaller than the existing C-1 (Community Business) parcel and by
requesting the O-I (Office-Institutional)district the subject site will have less
potential impact on adjacent and nearby properties. Therefore, Staff
supports the approval of this request to “fix” the existing zoning districts to
bring both the office and the Hayfield Subdivision into compliance with
the City’s ordinances.
7. Whether the zoning proposal will permit a use which can be considered
environmentally adverse to the natural resources, environment and
citizens of the City of Milton?
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The proposed use will not be environmentally adverse to the natural
resources, environment and citizens of the City due to the required
development regulations.
CONCLUSION
Although the proposed rezoning is inconsistent with Future Land Use Plan’s
recommendation of Agricultural, it is Staff’s opinion that by rezoning it to O-I
(Office-Institutional) with less area then the previous commercial zoning district, it
will allow the existing uses to conform with the City’s various ordinances as they
pertain to zoning and development. Therefore, Staff recommends APPROVAL
CONDITIONAL of RZ11-13 to rezone from C-1 (Community Business) and AG-1
(Agricultural) to O-I (Office-Institutional) and AG-1 (Agricultural) to expand the
existing office for a total of 5,730 square feet. Staff will provide conditions to limit
the development of the office not to exceed 3,524 square feet and two
accessory structures not to exceed a total of 2,216 square feet.
It is also Staff’s opinion that Parts 1 through 4 of VC11-02 be APPROVED
CONDITIONAL to permit the existing natural vegetation and views to remain.
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RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be O-I
(Office-Institutional) and AG-1 (Agricultural) CONDITIONAL subject to the
owner’s agreement to the following enumerated conditions. Where these
conditions conflict with the stipulations and offerings contained in the Letter of
Intent, these conditions shall supersede unless specifically stipulated by the
Mayor and City Council.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Office-Institutional and accessory uses on 1.32 acres of 3,524 square
feet for offices and 2,216 square feet within two accessory buildings
or at 4,348 square feet per acre zoned, whichever is less, but
excluding, billboards, day care facilities, rooming house, boarding
house, assembly hall, clinic, community center building,
convalescent center/nursing home/hospice, dancing school,
financial establishment, funeral home, group residence,
gymnasium, health club/spa, hospital, hotel, library, motels,
museum, parking garage/deck, parking lot, personal care home,
recording studio research laboratory, stadium, and any uses
permitted through a Special Use Permit that requires O-I (Office-
Institutional) zoning district other than church or cemetery use.
Above described acreage shall be zoned O-I (Office-Institutional)
Conditional.
b) Agricultural (AG-1) located on 1.15 acres within the Hayfield
Subdivision including but not limited to Haystack Lane, common
area/30 foot detention access easement and portions of lots 1, 2,
and 13. Above described acreage shall be zoned AG-1
(Agricultural).
2) To the owner’s agreement to abide by the following:
a) To the site plan received by the Community Development
Department on April 11, 2011. Said site plan is conceptual only and
must meet or exceed the requirements of the Zoning Ordinance, all
other applicable city ordinances and these conditions prior to the
approval of a Land Disturbance Permit. Unless otherwise noted
herein, compliance with all conditions shall be in place prior to the
issuance of the Certificate of Occupancy.
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3) To the owner’s agreement to the following site development considerations:
a) No more than one entrance/exit onto Providence Road, no vehicular
access shall be derived from Haystack Lane.
b) Parking areas shall be gravel except for the required handicapped
space.
c) To provide a 10 foot side yard setback adjacent to a street along the
east property line. (VC11-02, Part 1)
d) To allow off-street parking within the side corner yard along the east
property line. (VC11-02, Part 2)
e) To provide a 20 foot buffer along the west property line as shown.
(VC11-02, Part 3)
f) To delete the 50 foot buffer and 10 foot improvement setback along
the north property line. (VC11-02, Part 4)
g) If subject property is to be sold, a 50-foot undisturbed buffer along the
north property line shall be required.
4) To the owner’s agreement to abide by the following requirements,
dedication, and improvements:
a) Access to the site shall be subject to the approval of Milton Public
Works, prior to the issuance of a Certificate of Occupancy. Entrance(s)
shall conform to Chapter 48 Streets, Sidewalks and Other Public Places
of the City of Milton Code of Ordinances, or be reconstructed to meet
such criteria if required by City of Milton Public Works Department .
ORDINANCE NO._______
PETITION NO. RZ11-13/VC-02
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO REZONE FROM C-1 (COMMUNITY BUSINESS) AND AG-1
(AGRICULTURAL) TO O-I (OFFICE-INSTITIONAL) AND AG-1 (AGRICULTURAL)
FOR A OFFICE AND TWO OUT BUILDINGS LOCATED AT 14355 PROVIDENCE ROAD
HAVING A FRONTAGE OF 172.41 FEET (22-4120-845-047-1)
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on
June 20, 2011 at 6:00 p.m. as follows:
SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official
maps established in connection therewith be changed so that the following property located at 14355
Providence Road with frontage of 172.41 feet, consisting of a total of approximately 1.32 acres as
described in the attached legal description, be rezoned to the O-I (Office-Institutional) and AG-1
(Agricultural) Districts with conditions, attached hereto and made a part herein;
ALL THAT TRACT or parcel of land lying and being Land Lot 845 of the 2nd District 2nd Section,
City of Milton, Fulton County, Georgia; and
SECTION 2. That the O-I (Office-Institutional) and AG-1 (Agricultural) zonings listed in
the attached conditions of approval, be approved under the provisions Chapter 64, Article VI,
Divisions 2 and16 of the Zoning Ordinance of the City of Milton; and
SECTION 3. That the property shall be developed in compliance with the conditions of
approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do
not authorize the violation of any district regulations; and
SECTION 4. That the official maps referred to, on file in the Office of the City Clerk, be
changed to conform with the terms of this ordinance; and
SECTION 5. That all ordinances or part of ordinances in conflict with the terms of this
ordinance are hereby repealed; and
SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City
Council and the signature of approval of the Mayor.
ORDAINED this 20th day of June, 2011.
Approved:
______________________
Joe Lockwood, Mayor
Attest:
________________________________
Sudie Gordon, City Clerk
(Seal)
RECOMMENDED CONDITIONS
RZ11-13/VC-02
If this petition is approved by the Mayor and City Council, it should be O-I (Office-
Institutional) and AG-1 (Agricultural) CONDITIONAL subject to the owner’s
agreement to the following enumerated conditions. Where these conditions
conflict with the stipulations and offerings contained in the Letter of Intent, these
conditions shall supersede unless specifically stipulated by the Mayor and City
Council.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Office-Institutional and accessory uses on 1.32 acres of 3,524 square
feet for offices and 2,216 square feet within two accessory buildings or
at 4,348 square feet per acre zoned, whichever is less, but excluding,
billboards, day care facilities, rooming house, boarding house,
assembly hall, clinic, community center building, convalescent
center/nursing home/hospice, dancing school, financial establishment,
funeral home, group residence, gymnasium, health club/spa, hospital,
hotel, library, motels, museum, parking garage/deck, parking lot,
personal care home, recording studio research laboratory, stadium,
and any uses permitted through a Special Use Permit that requires O-I
(Office-Institutional) zoning district other than church or cemetery use.
Above described acreage shall be zoned O-I (Office-Institutional)
Conditional.
b) Agricultural (AG-1) located on 1.15 acres within the Hayfield
Subdivision including but not limited to Haystack Lane, common
area/30 foot detention access easement and portions of lots 1, 2, and
13. Above described acreage shall be zoned AG-1 (Agricultural).
2) To the owner’s agreement to abide by the following:
a) To the site plan received by the Community Development Department
on April 11, 2011. Said site plan is conceptual only and must meet or
exceed the requirements of the Zoning Ordinance, all other applicable
city ordinances and these conditions prior to the approval of a Land
Disturbance Permit. Unless otherwise noted herein, compliance with all
conditions shall be in place prior to the issuance of the Certificate of
Occupancy.
3) To the owner’s agreement to the following site development considerations:
a) No more than one entrance/exit onto Providence Road, no vehicular
access shall be derived from Haystack Lane.
b) Parking areas shall be gravel except for the required handicapped
space.
c) To provide a 10 foot side yard setback adjacent to a street along the
east property line. (VC11-02, Part 1)
d) To allow off-street parking within the side corner yard along the east
property line. (VC11-02, Part 2)
e) To provide a 20 foot buffer along the west property line as shown.
(VC11-02, Part 3)
f) To delete the 50 foot buffer and 10 foot improvement setback along
the north property line. (VC11-02, Part 4)
g) If subject property is to be sold, a 50-foot undisturbed buffer along the
north property line shall be required.
4) To the owner’s agreement to abide by the following requirements, dedication,
and improvements:
a) Access to the site shall be subject to the approval of Milton Public
Works, prior to the issuance of a Certificate of Occupancy. Entrance(s)
shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of
the City of Milton Code of Ordinances, or be reconstructed to meet such
criteria if required by City of Milton Public Works Department.
Site plan submitted on April 11, 2011 (west parcel only containing 1.32 acres)
ORDINANCE NO._______
PETITION NO. RZ11-13/VC-02
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO REZONE FROM C-1 (COMMUNITY BUSINESS) AND AG-1
(AGRICULTURAL) TO O-I (OFFICE-INSTITIONAL) AND AG-1 (AGRICULTURAL)
FOR A OFFICE AND TWO OUT BUILDINGS LOCATED AT 14355 PROVIDENCE ROAD
HAVING A FRONTAGE OF 172.41 FEET (22-4120-845-047-1)
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on
June 20, 2011 at 6:00 p.m. as follows:
SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official
maps established in connection therewith be changed so that the following property located at 14355
Providence Road with frontage of 172.41 feet, consisting of a total of approximately 1.32 acres as
described in the attached legal description, be rezoned to the O-I (Office-Institutional) and AG-1
(Agricultural) Districts with conditions, attached hereto and made a part herein;
ALL THAT TRACT or parcel of land lying and being Land Lot 845 of the 2nd District 2nd Section,
City of Milton, Fulton County, Georgia; and
SECTION 2. That the O-I (Office-Institutional) and AG-1 (Agricultural) zonings listed in
the attached conditions of approval, be approved under the provisions Chapter 64, Article VI,
Divisions 2 and16 of the Zoning Ordinance of the City of Milton; and
SECTION 3. That the property shall be developed in compliance with the conditions of
approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do
not authorize the violation of any district regulations; and
SECTION 4. That the official maps referred to, on file in the Office of the City Clerk, be
changed to conform with the terms of this ordinance; and
SECTION 5. That all ordinances or part of ordinances in conflict with the terms of this
ordinance are hereby repealed; and
SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City
Council and the signature of approval of the Mayor.
ORDAINED this 20th day of June, 2011.
Approved:
______________________
Joe Lockwood, Mayor
Attest:
________________________________
Sudie Gordon, City Clerk
(Seal)
RECOMMENDED CONDITIONS
RZ11-13/VC-02
If this petition is approved by the Mayor and City Council, it should be O-I (Office-
Institutional) and AG-1 (Agricultural) CONDITIONAL subject to the owner’s
agreement to the following enumerated conditions. Where these conditions
conflict with the stipulations and offerings contained in the Letter of Intent, these
conditions shall supersede unless specifically stipulated by the Mayor and City
Council.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Office-Institutional and accessory uses on 1.32 acres of 3,524 square
feet for offices and 2,216 square feet within two accessory buildings or
at 4,348 square feet per acre zoned, whichever is less, but excluding,
billboards, day care facilities, rooming house, boarding house,
assembly hall, clinic, community center building, convalescent
center/nursing home/hospice, dancing school, financial establishment,
funeral home, group residence, gymnasium, health club/spa, hospital,
hotel, library, motels, museum, parking garage/deck, parking lot,
personal care home, recording studio research laboratory, stadium,
and any uses permitted through a Special Use Permit that requires O-I
(Office-Institutional) zoning district other than church or cemetery use.
Above described acreage shall be zoned O-I (Office-Institutional)
Conditional.
b) Agricultural (AG-1) located on 1.15 acres within the Hayfield
Subdivision including but not limited to Haystack Lane, common
area/30 foot detention access easement and portions of lots 1, 2, and
13. Above described acreage shall be zoned AG-1 (Agricultural).
2) To the owner’s agreement to abide by the following:
a) To the site plan received by the Community Development Department
on April 11, 2011. Said site plan is conceptual only and must meet or
exceed the requirements of the Zoning Ordinance, all other applicable
city ordinances and these conditions prior to the approval of a Land
Disturbance Permit. Unless otherwise noted herein, compliance with all
conditions shall be in place prior to the issuance of the Certificate of
Occupancy.
3) To the owner’s agreement to the following site development considerations:
a) No more than one entrance/exit onto Providence Road, no vehicular
access shall be derived from Haystack Lane.
b) Parking areas shall be gravel except for the required handicapped
space.
c) To provide a 10 foot side yard setback adjacent to a street along the
east property line. (VC11-02, Part 1)
d) To allow off-street parking within the side corner yard along the east
property line. (VC11-02, Part 2)
e) To provide a 20 foot buffer along the west property line as shown.
(VC11-02, Part 3)
f) To delete the 50 foot buffer and 10 foot improvement setback along
the north property line. (VC11-02, Part 4)
g) If subject property is to be sold, a 50-foot undisturbed buffer along the
north property line shall be required.
4) To the owner’s agreement to abide by the following requirements, dedication,
and improvements:
a) Access to the site shall be subject to the approval of Milton Public
Works, prior to the issuance of a Certificate of Occupancy. Entrance(s)
shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of
the City of Milton Code of Ordinances, or be reconstructed to meet such
criteria if required by City of Milton Public Works Department.
Site plan submitted on April 11, 2011 (west parcel only containing 1.32 acres)
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
Page 1 of 2
To: Mayor and City Council
From: Lynn Tully, AICP, Community Development Director
Date: May 25, 2011 for the June 20, 2011 City Council Meeting (June 6, 2011 First
Presentation, June 13, 2011 Council Work Session)
1. Agenda Item: RZ11-06 – To Amend the City of Milton Zoning Ordinance to create the
“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
Page 2 of 2
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 Mayor and City Council may approve, deny or table this text amendment.
Concurrent Review:
Chris Lagerbloom, City Manager, Ken Jarrard, City Attorney
DRAFT RZ11-06 May 12, 2011
Text Amendment RZ11-06 prepared for the Mayor and City Council Meeting, June 20, 2011
Page 1 of 5
Sec. 64-1616. –Permits for Media productions.
As applicable, media productions are subject to the requirements of all city departments, such as
emergency medical services plans, emergency planning and preparedness plans, tent permits, pyrotechnics
permits, food service permits, etc.
(1) Applicability. This permit is required for all proposed media productions in the City of Milton not
held in an otherwise licensed facility and are intended to be closed to participation from the
public. 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, where the final
work product is to be used for commercial purposes.
(2) Required Districts. This permit is allowed with conditions in all zoning districts of the City of
Milton.
(3) Permit Types. Two classifications of media production permits are allowed:
a. Low impact activities - which are generally those 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 64-1616 for further
description.
b. High impact activities - which are generally those 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 including any production activity disrupting normal and customary use of the
site or adjacent or nearby properties. See additional requirements within section 64-
1616 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. Limited sales from vehicles are prohibitedallowed with approval of the community
development director.
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. Limited exceptions may be made at the
discretion of the community development director.
f. Signage shall be in accordance with article XVI of this zoning ordinance.Temporary
signage may be allowed at the discretion of the community development director.
g. Production companies are responsible for cleaning and restoring locations used,
including public and private lands, to their original condition, with a minimum amount
Comment [lt1]: We will have to address this
option in the Lighting section of the Code as well
Comment [lt2]: This will also need to be
addressed in the sign ordinance
DRAFT RZ11-06 May 12, 2011
Text Amendment RZ11-06 prepared for the Mayor and City Council Meeting, June 20, 2011
Page 2 of 5
of noise and disruption. All clean up and restoration activities shall be completed
within 60 days of completion of the permitted activities. Inspection of appropriate
restoration will be conducted by the community development department.
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.
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 standardsapproval of the public
works director.
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). Permits may be renewable only with the specific
approval of the community development director. 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. No interruption in to pedestrian traffic flow is allowed.
c. No more than five on-street parking spaces in a commercial or office zoning district.
d. No 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.e. A private holding area for cast, crew and extras must be provided.
g.f. The hours of operation shall be 7:30 am to 10:00 pm everyday. All preparation and
wrap up 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.g. A sound level of 65 dBA shall not be exceeded at adjacent property lines of any
residential use with exceptions per Sect. 20-681.2 for periods between 7:30 am and
10:00 pm.
i.h. No equipment, vehicle, display or other activity shall block access to a public facility
such as a, mailbox, parking meter, fire hydrant, traffic control box, driveway or other
access point.
DRAFT RZ11-06 May 12, 2011
Text Amendment RZ11-06 prepared for the Mayor and City Council Meeting, June 20, 2011
Page 3 of 5
(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. These activities may require the onsite
placement of the fire rescue department personnel and/or equipment based on the scope of
the proposed production.
a. No permit shall be effective for more than 14 consecutive days for a single production
on the same property. Permits may be renewable only with the specific approval of
the community development director. 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.
b. Vehicular traffic may be held for up to 14 calendar days with a detour provided per the
approval of the public works director or his/her designee.
c. No more than 10 on-street parking spaces may be used in a commercial or office
zoning district per day.
d. No 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.e. A private holding area for cast, crew and extras must be provided.
g.f. The hours of operation shall be 7:30 am to 10:00 pm, everyday. Any activity 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 location prior to commencing activity at the location during evening or
morning hours.
h.g. All preparation and wrap up activities shall be completed within ½ hour of the time
frames as set above in f 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 location.
i.h. A sound level of 65 dBA shall not be exceeded at adjacent property lines of any
residential use with exceptions per Sect. 20-681.2 for periods between 7:30 am and
10:00 pm.
j.i. No equipment, vehicle, display or other activity shall block access to a public facility
such as a mailbox, parking meter, fire hydrant, traffic control box, driveway or other
access point.
k.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. Contact public safety personnel if
any of the following are included in the production: pyrotechnics, demolition, firearms
discharge, high speed chases, or physical stunts.
DRAFT RZ11-06 May 12, 2011
Text Amendment RZ11-06 prepared for the Mayor and City Council Meeting, June 20, 2011
Page 4 of 5
(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 of the applicant. A property owner’s affidavit will
also be required 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
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 to the benefit of City of Milton..
f. Signed agreement to provide a certificate of insurance with the City of Milton as
additional insured until the activity is completed..
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 within 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 including, but not limited to the following:
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. Activity may not be allowed in locations near the area of a city-sponsored
event if there is an anticipated conflict with the city’s event.
b. Variations from the approved scope of work included in the permit application can
may be grounds for immediate revocation.
Comment [lt3]: Film Industry Representative
asked if digital signatures are acceptable ??
DRAFT RZ11-06 May 12, 2011
Text Amendment RZ11-06 prepared for the Mayor and City Council Meeting, June 20, 2011
Page 5 of 5
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.
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 for each
day less than the minimum number of processing days required as set forth
in Appendix A of the Milton Code of Ordinances stated in sections 1616.5.a
and 1616.6.a.
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.
(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 MEDIA PRODUCTIONS
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on June 20, 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 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 20th day of June, 2011
__________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, City Clerk
(Seal)
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
Page 1 of 2
To: Mayor and City Council
From: Lynn Tully, AICP, Community Development Director
Date: May 25, 2011 for the June 20, 2011 City Council Meeting (June 6, 2011 First
Presentation, June 13, 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
Page 2 of 2
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 Mayor and City Council may approve, deny or table the items listed above.
Concurrent Review:
Chris Lagerbloom, City Manager, Ken Jarrard, City Attorney
DRAFT RZ11-07 DATE: 05/16/11
Text Amendment RZ11-07 prepared for the Mayor and City Council Meeting on June 20, 2011
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.
Commercial 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.
DRAFT RZ11-07 DATE: 05/16/11
Text Amendment RZ11-07 prepared for the Mayor and City Council Meeting on June 20, 2011
Page 2 of 3
Laundry and dry cleaning shop (excluding Laundromats).
w.
Lawn service businesses.
x.
Library.
y.
Communication service.Telecommunications facility per Section 54 of the Milton
City Code.
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.
DRAFT RZ11-07 DATE: 05/16/11
Text Amendment RZ11-07 prepared for the Mayor and City Council Meeting on June 20, 2011
Page 3 of 3
tt.
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 June 20, 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 20th day of June, 2011
__________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, City Clerk
(Seal)
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
Page 1 of 2
To: Mayor and City Council
From: Lynn Tully, AICP, Community Development Director
Date: May 25, 2011 for the June 20, 2011 City Council Meeting (June 6, 2011 First
Presentation, June 13, 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
Page 2 of 2
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 Mayor and City Council may approve, deny or table the items listed above.
Concurrent Review:
Chris Lagerbloom, City Manager, Ken Jarrard, City Attorney
DRAFT RZ11-08 DATE: 05/16/11
Text Amendment RZ11-08 Prepared for the Mayor and City Council Meeting on June 20, 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.
DRAFT RZ11-08 DATE: 05/16/11
Text Amendment RZ11-08 Prepared for the Mayor and City Council Meeting on June 20, 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 June 20, 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 20th day of June, 2011
__________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, City Clerk
(Seal)
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
Page 1 of 2
To: Mayor and City Council
From: Lynn Tully, AICP, Community Development Director
Date: May 25, 2011 for the June 20, 2011 City Council Meeting (June 6, 2011 First
Presentation, June 13, 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
Page 2 of 2
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 Mayor and City Council may approve, deny or table the items listed above.
Concurrent Review:
Chris Lagerbloom, City Manager, Ken Jarrard, City Attorney
DRAFT - RZ11-09 DATE: 05/16/11
Text Amendment RZ11-09 prepared for the Mayor and City Council Meeting on June 20, 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 :
Fortune Telling Establishment, Massage Parlor, Pool Hall, Escort and Dating Services, and Tattoo and Body
Art or Piercing Establishment.
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 June 20, 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 20th day of June, 2011
__________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, City Clerk
(Seal)
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
Page 1 of 2
To: Mayor and City Council
From: Lynn Tully, AICP, Community Development Director
Date: May 25, 2011 for the June 20, 2011 City Council Meeting (June 6, 2011 First
Presentation, June 13, 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
Page 2 of 2
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 Mayor and City Council may approve, deny or table the items listed above.
Concurrent Review:
Chris Lagerbloom, City Manager, Ken Jarrard, City Attorney
DRAFT RZ11-10 DATE: 05/16/11
Text Amendment RZ11-10 prepared for the Mayor and City Council Meeting on June 20, 2011
Page 1 of 1
Sec. 64-218. Separation Standards for High Traffic Uses.
(a) Due to the potential for significant traffic impacts on existing roadways from uses that have
particularly high trip generation, there shall be required a a minimum of one (1) mile distance
between these uses to prevent clustering. This separation shall be between each of the following
uses from another of the same type use:
(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?
GA372GA9GA1
4
0 Birmingham HwyHighway 9State Hwy 9Birmingham Roswell HwyC u m m in g H w y
Arnold Mill R
d
C r a b a p p le R d N. Main StN . M a in S t Hopewell RdFreemanville RdCogburn RdPr
ovi
dence RdBethany BendBethany RdBirmingham Rd
Windward PkwyNew Providence RdBethany Way
McGinnis Ferry Rd
N e w P r o v id e n c e R d
Cox RdTaylor RdWood Rd
F r a n c i s R d
Mountain Rd
S. Thompson RdKing RdNix Rd
Dorris Rd
Redd Rd
Mayfield Rd
Hamby Rd
Dinsmore Rd
Ebenezer Rd Day RdBatesville R
d
Thompson Rd
N ParkLackey RdWestbrook RdHickory Flat Rd
Henderson RdCr
e
e
k
Cl
u
b
Dr
Morris RdBrittle RdSummit Rd
Glenover Dr
Giff DrRowe RdLongstreet Rd
Holly RdCagle Rd
M ilto n P tWatsons BndPhillips RdDarby RdGreen Rd
Ki
ng Cir
School DrTullgean DrWhite Columns Dr
New Bullpen Rd
Manor Bridge Dr
Carney Rd
Neese Rd
Et
ri
s RdWebb Rd
Triple Crown Dr
Hagood RdPhillips Cir
McFarlin Ln
Sable Ct
Glencreek WayTimber PtCowart RdLa n d r um R dValmont LnQuayside Dr
Arabian Ave Northwood DrLaconia LnHeritage Pass
Rolling Link s D r
Autumn ClseSeabiscuitClarity RdDeer TrlBurgess RdE. Bluff RdBarberry DrBelleterre DrN. Valley TrlManor
Cl
ub Dr
Club CirHighgrove RdL e c o m a Tr c e Colonial LnMajestic CvChampions Clse
L
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l
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Rd
Donegal LnBasnett DrD e e rfie ld P k w y
Foxhollo
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un
P
u
c
k
e
tt Rd
N. Park LnOld Chadwick Ln
Sweet Apple RdBethany Oaks PteFreemanwood Ln
N . F i e l d s P a s s
Providence WayOwens Lake Rd Twinrose Pl
S o n a t a L nTurtle CrkSaddlesprings DrDover RdBrookshade Pkwy
Black Oak Rd
Laurel Grove DrHeydon HallBrea
m
Dr
Traywick Chse
Rea Rd
Bay Colt RdNettlebrook LnManor TrceP r u it t D r Pony Tail RdGrace RdCanonero DrChadwi
c
k
RdSim m ons H ill R dProvi
dence Lake DrThorntree RunCogburn LnParish RdKent Rd Char
l
o
tt
e Dr Plantation TrceDevonshire Farms Way
Tramore PlCreek PtHaystack LnLouis Rd
Ga
t
e
s
Mill Wa
y Wigton DrAlpha Woods DrSt
r
at
f
or
de Dr
Liberty Grove Rd
P e te rs fo rd W a y
K in g s C o u n ty C tH a llb r o o k L n
Dew Rd Stonebrook Farms DrF o ss il Trc e
Apple Cross DrOld Surrey PlN e tt l e b r o o k
B a y f i e l d C tCogdell Trl
Morningpark CirArcaro Dr
M i l t o n P l
Romanview RdW ilkie RdRelais TrceOn
a
g
h
Ct
Harpley CtVerizon PlCity of Milton Department of IT - GIS Division
Parcels Currently With Existing Convenience Stores / Service StationsCity of Milton
February 2011 0 1 2 30.5 Miles
Gas Station Locations
Gas Station Buffers
0.5 mile Buffer From Existing
1 mile Buffer From Existing
Parcels Currently Permitted for Fast Food Restaurant
Street Centerlines
Rivers & Streams
Lakes & Ponds
Milton City Limits
Fulton County Boundary GA9Highway 9State Hwy 9Cumming HwyN . M a i n S tN. M a i n S t
B e th a n y B e n d
Cogburn RdWind
w
ard Pk
w
y
M c G i n n i s F e r r y R d
Cogburn RdWindward PkwyN ParkMorris RdWebb Rd
Cogburn RdSerenade Ct
Deer TrlBarberry DrBelleterre DrN. Park Ln
Twinrose Pl
Sonata Ln
Bethany Church Rd
Traywick Chse
Rea Rd
Lunetta Ln
Cedar Farms Ct
The H
ermitage Dr
Rib Trl
So n e l ey C t
Flamingo Rd
Alstonefield Dr
D
oe Dr
D e e rfie ld P k w yBethany TrlLathenview Ct
Fairhill PtHopewell CrstA
vensong Village Cir
Weycroft Cir
Sunfish Bnd
R elais T rceBuck WayHarpley CtAventide LnS. Bethany Creek Dr
Red Hart LnRegion TrceLembeth Ct
Deer Creek PlVerizon PlT
a
mma
n
y
P
t
e Sunflower WayBridgett Ct
Marrywood CtN. Bethany Creek Dr
Big Sky Ln
Avensong CrsgC o mm o n w e a l t h Wa y
Oa ks i de C i r
Marrywood DrS to n e H ill P tAurelia Trce
Burren Dr
Gal
ecr
est
Dr
Parkbrook Trce
Cottoneaster LnD e e r V a lle y D r
T w o V e riz o n P lNorthpark Ln Strickland RdJasmine WayD e e rfie ld
D e e rfie ld
575
75
75
85
85
2020
285
285
400
19
Date Created / Modified: 5/23/2011
G:\TaxCommunityDev\GasStationParcelsWithBuffers_bl_v1.mxd
GA372GA9GA1
4
0 Birmingham HwyHighway 9State Hwy 9Birmingham Roswell HwyC u m m in g H w y
Arnold Mill R
d
C r a b a p p le R d N. Main StN . M a in S t Hopewell RdFreemanville RdCogburn RdPr
ovi
dence RdBethany BendBethany RdBirmingham Rd
Windward PkwyNew Providence RdBethany Way
McGinnis Ferry Rd
N e w P r o v id e n c e R d
Cox RdTaylor RdWood Rd
F r a n c i s R d
Mountain Rd
S. Thompson RdKing RdNix Rd
Dorris Rd
Redd Rd
Mayfield Rd
Hamby Rd
Dinsmore Rd
Ebenezer Rd Day RdBatesville R
d
Thompson Rd
N ParkLackey RdWestbrook RdHickory Flat Rd
Henderson RdCr
e
e
k
Cl
u
b
Dr
Morris RdBrittle RdSummit Rd
Glenover Dr
Giff DrRowe RdLongstreet Rd
Holly RdCagle Rd
M ilto n P tWatsons BndPhillips RdDarby RdGreen Rd
Ki
ng Cir
School DrTullgean DrWhite Columns Dr
New Bullpen Rd
Manor Bridge Dr
Carney Rd
Neese Rd
Et
ri
s RdWebb Rd
Triple Crown Dr
Hagood RdPhillips Cir
McFarlin Ln
Sable Ct
Glencreek WayTimber PtCowart RdLa n d r um R dValmont LnQuayside Dr
Arabian Ave Northwood DrLaconia LnHeritage Pass
Rolling Link s D r
Autumn ClseSeabiscuitClarity RdDeer TrlBurgess RdE. Bluff RdBarberry DrBelleterre DrN. Valley TrlManor
Cl
ub Dr
Club CirHighgrove RdL e c o m a Tr c e Colonial LnMajestic CvChampions Clse
L
i
v
e
l
y
Rd
Donegal LnBasnett DrD e e rfie ld P k w y
Foxhollo
w R
un
P
u
c
k
e
tt Rd
N. Park LnOld Chadwick Ln
Sweet Apple RdBethany Oaks PteFreemanwood Ln
N . F i e l d s P a s s
Providence WayOwens Lake Rd Twinrose Pl
S o n a t a L nTurtle CrkSaddlesprings DrDover RdBrookshade Pkwy
Black Oak Rd
Laurel Grove DrHeydon HallBrea
m
Dr
Traywick Chse
Rea Rd
Bay Colt RdNettlebrook LnManor TrceP r u it t D r Pony Tail RdGrace RdCanonero DrChadwi
c
k
RdSim m ons H ill R dProvi
dence Lake DrThorntree RunCogburn LnParish RdKent Rd Char
l
o
tt
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Harpley CtVerizon PlCity of Milton Department of IT - GIS Division
Parcels Currently With Existing Fast Food RestaurantsCity of Milton
February 2011 0 1 2 30.5 Miles
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0.5 mile Buffer From Existing
1 mile Buffer From Existing
Parcels Currently Permitted for Fast Food Restaurant
Street Centerlines
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Lakes & Ponds
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19
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 June 20, 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 20th day of June, 2011
__________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, City Clerk
(Seal)
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
Page 1 of 2
To: Mayor and City Council
From: Lynn Tully, AICP, Community Development Director
Date: May 25, 2011 for the June 20, 2011 Mayor and City Council (First Presentation –
June 6, 2011, Work Session – June 13, 2011)
Agenda Item: RZ11-11 – To Amend the City of Milton Zoning Ordinance to revise the
“Definitions” Section of the Zoning Ordinance (Section 64-1)
Background:
Based on previous discussions with Council and Planning Commission, staff has introduced
various changes to the C-1 and C-2 permitted uses section and general use restrictions in the
zoning ordinance. These changes have resulted in the need for additional definitions to clarify
any new uses are being introduced concurrently under separate items. Also by Planning
Commission request all C-1 and C-2 permitted uses have been fully outlined in the proposal.
Discussion:
Based on the discussion of the April 26, 2010 Planning Commission meeting staff has prepared
new definitions for all by right permitted uses in both the C-1 and C-2 zoning districts. These
definitions are noted in the attached draft as changes in blue. Please note that the original
language deferring interpretation to the Webster’s Collegiate dictionary has been fixed to the
eleventh edition. Most of the new definitions have been reproduced from that edition unless not
specified. In those cases, care has been taken to redact common definitions paired with
definitions found in other jurisdictions used specifically for planning interpretation purposes.
Note that some definitions refer to other sections of the Milton City Code whether they are more
fully specified (i.e. liquor and package stores, bail bondsmen).
Finally, staff reviewed those uses 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. Please pay particular attention
to those new definitions with an eye for narrowly construing those uses to avoid unintended
exclusions.
At the May 24, 2011 Planning Commission meeting, additional small edits were recommended
and are reflected in the text. In addition, the Planning Commission recommended that an
additional definition be created for “commercial equipment” and the second paragraph of
“commercial vehicle” be deleted to provide additional clarity to the definition of “commercial
vehicles”. Staff has included the following new definition for “commercial equipment” for your
review.
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
Page 2 of 2
“commercial equipment means any equipment or machinery used in a business trade or
industry, including but not limited to: earth-moving equipment, trenching or pipe-laying
equipment, landscaping equipment, mortar and concrete mixers, portable pumps, portable
generators, portable air compressors, pipes, pool cleaning equipment and supplies, and any
other equipment or machinery similar in design or function. However, equipment and machinery
for business use kept within enclosed vehicles are not included.”
Recommendation:
Based on this analysis, staff recommends the text changes as submitted.
Alternatives:
The Mayor and City Council may approve, deny or table this text amendment.
Concurrent Review:
Chris Lagerbloom, City Manager, Ken Jarrard, City Attorney
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Sec. 64-1. - Definitions.
(a)
Scope. Words not defined herein shall be construed to have the meaning given by Merriam-
Webster's Collegiate Dictionary, eleventh edition or later edition.
(b)
Use and interpretation. The following shall apply to the use of all words in this zoning ordinance:
(1)
Words used in the present tense shall include the future tense.
(2)
Words used in the singular shall include the plural and vice versa.
(3)
The word "shall" is mandatory.
(4)
The word "may" is permissive.
(5)
The nouns "zone," "zoning district" and "district" have the same meaning and refer to the
zoning districts established by this zoning ordinance.
(6)
The phrase "used for" shall include the phrases "arranged for," "designed for," "intended
for," "maintained for" and "occupied for."
(c)
Terms.
Accessory site feature means mechanical, electrical and ancillary equipment, cooling towers,
mechanical penthouses, heating and air conditioning units and 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.
Addition to an existing building means any walled and roofed expansion to the perimeter of a
building in which the addition is connected by a common loadbearing wall other than a firewall. Any walled
and roofed addition, which is connected by a firewall or is separated by independent perimeter loadbearing
walls, is new construction.
Adjoin means to have a common border with. The term "adjoin" also means coterminous,
contiguous, abutting and adjacent.
Administrative minor variance. See Variance.
Administrative modification means 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 means an establishment or facility licensed to do business in the city having a
minimum of 25 percent of its stock in trade, for any form of consideration, any one or more of the following
materials:
(1)
Books, magazines, periodicals, or other printed matter, or photographs, films, motion
pictures, videocassettes, CDs, DVDs or other video reproductions, or slides or other
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visual representations which are characterized by the depiction or description of
"specified sexual activities" or "specified anatomical areas," as defined herein; or
(2)
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 means 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; or
(4)
Which simulate sexual intercourse (homosexual or heterosexual), masturbation, sodomy,
bestiality, oral copulation, flagellation.
None of these definitions shall be construed to permit any act which is in violation of any county or state
law.
Adult entertainment establishment.
(1)
The term "adult entertainment establishment" means any establishment or facility
licensed to do business in the city where adult entertainment is regularly sponsored,
allowed, encouraged, condoned, presented, sold, or offered to the public.
(2)
The term "adult entertainment establishment" does 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 percent of all performances or showings.
Alternative antenna support structure means clock towers, campaniles, freestanding steeples, light
structures and other alternative designed support structures that camouflage or conceal antennas as an
architectural or natural feature.
Amateur radio antenna means radio communication facility that is an accessory structure to a
single-family residential dwelling operated for noncommercial purposes by a Federal Communication
Commission licensed amateur radio operator. The term "antenna" includes both the electronic system and
any structures it is affixed to for primary support.
Antenna means any exterior apparatus designed for telephone, radio, or television
communications through the sending or receiving of electromagnetic waves.
Apartment means a building which contains three or more dwelling units either attached to the
side, above or below another unit. The term "apartment" also refers to a dwelling unit attached to a
nonresidential building. (See Dwelling, multifamily.)
Appeal means a request for relief from a decision made by:
(1)
The director of community development;
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(2)
Other department directors;
(3)
The board of zoning appeals; and
(4)
The city council.
Applicable wall area means 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.
Applicant means a property owner or his or her 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 zoning ordinance, or a person submitting a post-development stormwater management application and
plan for approval.
Application means 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 zoning ordinance.
Art Gallery means a room or building devoted to the exhibition of works of art.
Assembly Hall means a room or building typically accommodating the gathering of persons for
deliberation, legislation, worship or entertainment.
Attic means an unheated storage area located immediately below the roof.
Automobile and light truck sales/leasing means a facility used primarily for the retail sales and
leasing of new or used cars, and trucks.
Automotive garage means 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.
(1)
The term "automotive garage" does not include the repair of heavy trucks, equipment and
automobile body work.
(2)
The outside storage of unlicensed and unregistered vehicle is prohibited as part of this
use. (See Automotive specialty shop and Service station.)
Automotive parking lots See “Parking lot”.
Automotive specialty shop.
(1)
The term "automotive specialty shop" means a use which provides one or more
specialized repair sales and 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.
(2)
The term "automotive specialty shop" does not include:
a.
Any private or commercial activity which involves auto/truck leasing, painting,
repair or alteration of the auto body; or
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b.
Any repair, replacement, modification, adjustment, or servicing of the power
plant or drive-train or cooling system be permitted, except that minor tune-ups
involving the changing of spark plugs, points or condenser, including engine
block oil changes, are permitted. (See Repair garage (automotive, truck and
heavy equipment) and Service station).
Babysitting means a service in which shelter, care, and supervision are provided for four or fewer
children below the age of 12 years on an irregular basis.
Bail bondsmen means all persons who hold themselves out as signers or sureties of bail bonds for
compensation, and who are licensed as provided in Article V. Professional Bondsmen, of the Milton City
Code.
Banner.
(1)
The term "banner" means any sign of lightweight fabric or similar material that is either
with or without frame and hung or mounted to a pole, building or other background by
one or more edges.
(2)
The term "banner" does not include flags.
Basement means the lower level of a building having a floor-to-ceiling height of at least 6½ feet
and a portion of its floor subgrade (below ground level) on at least one side. See also Cellar.
Beacon means 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 means a residence in which the frequency and volume of visitors are
incidental to the primary use as a private residence and where guestrooms 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 is allowed in nonresidential districts and permitted in AG-1 and TR with a use permit.
Berm means a planted earthen mound.
Billboard means a sign which advertises services, merchandise, entertainment or information
which is not available at the property on which the sign is located.
Boardinghouse means a residential use other than a hotel or motel in which lodging may be
provided to nonhousehold members and which includes the provision of meals.
Body Art or Piercing establishment See “Tattoo and Body Art or Piercing establishment”.
Brewpub means an accessory use to a permitted restaurant where distilled spirits, malt beverages
or wines are licensed to be sold and where beer or malt beverages are manufactured or brewed for
consumption on the premises and solely in draft form.
Buffer, state water, means an area along the course of any state waters to be maintained in an
undisturbed and natural condition.
Buffer, tributary, means 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 (chapter 60).
Buffer, zoning, means 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
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uses. A buffer is achieved with natural vegetation and must be replanted subject to the approval of the
director of community development or his or her designated agent 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 or her designated agent.
Buildable area means 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. The term
"buildable area" means that portion of a parcel of land which is not located in the:
(1)
Minimum setbacks;
(2)
Utility corridors;
(3)
Driveways;
(4)
Slopes to build streets;
(5)
Tree save areas;
(6)
Landscape strips;
(7)
Specimen tree areas;
(8)
State water buffers;
(9)
Tributary buffers;
(10)
Zoning buffers;
(11)
Wetlands;
(12)
Stormwater; and
(13)
Sanitary sewer easements.
Building means 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 means 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 means one which is no closer to a property line than the minimum yard (setback)
requirements.
Building permit means a written permit that allows construction issued by the building official.
Business.
(1)
The term "business" means a use involving retailing, wholesaling, warehousing, outside
storage, manufacturing or the delivery of services regardless of whether payment is
involved.
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(2)
The term "business" does not include uses which are customarily incidental (accessory)
to another use.
Canopy means a rooflike cover, excluding carports, that either projects from the wall of a building
or is freestanding.
Car wash, accessory, means a customarily incidental use of an attached or detached bay for
cleaning vehicles.
Car wash, principal, means a primary or main use which provides space for cleaning vehicles.
Catering, carry out or delivery of prepared foods means to provide prepared foods and/or service
off-site of the preparation facility whether by paid delivery or self-service collection. This does not include
the delivery of packaged foods for individual sale.
Cellar means the lower level of a building with more than one-half of its floor-to-ceiling height
below the average finished grade of the adjoining ground on all sides, or with a floor-to-ceiling height of less
than 6½ feet. See also Basement.
Cemetery, human, means the use of property as a burial place for human remains. Such a
property may contain a mausoleum.
Cemetery, pet, means the use of property as a burial place for the remains of pets. Such a
property may contain a mausoleum.
Check cashing establishment means any establishment licensed by the state pursuant to
O.C.G.A. § 7-1-700 et seq.
Church, temple or place of worship means a facility in which persons regularly assemble for
religious ceremonies. The term "church", "temple" or "place of worship" includes, on the same lot,
accessory structures and uses such as minister's and caretaker's residences, and others uses identified
under the provisions for administrative and use permits.
City means the City of Milton, Georgia.
Clear cutting means the removal of all vegetation from a property, whether by cutting or other
means, excluding stream buffer requirements.
Clinic means 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 means a nonprofit social, educational or recreational use normally involving:
(1)
Community centers;
(2)
Public swimming pools or courts;
(3)
Civic clubhouses;
(4)
Lodge halls;
(5)
Fraternal organizations;
(6)
Country clubs; and
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(7)
Similar facilities.
Club, neighborhood, means any club operated for recreation and social purposes solely by the
residents of a specific neighborhood or community.
Commercial amusement/indoor means a use where recreational activity such as movie theaters,
arcades, billiards, game rooms, bowling, skating rinks, sporting activities and other recreational
amusements are conducted within a building.
Commercial amusement/outdoor means a use where recreational activity such as skating rinks,
batting cages, miniature golf, drive-in theaters, skating rinks, and other recreational activities or
amusements that are conducted outside a building.
“Commercial Vehicle” means any vehicle or motorized equipment that has two (2) or more of the
following characteristics:
(1) exceeds a gross vehicle weight rating (GVWR) of eleven thousand (11,000) pounds,
(2) is regularly used in the conduct of a business, commerce, profession, or trade,
(3) exceeds seven (7) feet in height from the base of the vehicle to the top,
(4) exceeds twenty (20) feet in length,
(5) has more than 2 axles,
(6) has more than 4 tires in contact with the ground,
(7) used, designed and built to carry more than 8 passengers,
(8) designed to sell food or merchandise directly from the vehicle or trailer itself,
(9) bears signs, logos or markings identifying the owner or registrant, a trade, business,
service or commodity.
The following types of vehicles shall all be considered commercial vehicles: step vans, box trucks, flat bed
or stake bed trucks, buses, semi trailers, tractor trailers, dump trucks, wreckers and trailers used for
commercial purposes. The following types of equipment shall also be considered commercial vehicles:
earth moving equipment, mortar or concrete mixers, trenching, pipe laying equipment or other similar type
of construction equipment.
Composting.
(1)
The term "composting" means a processing operation for the treatment of vegetative
matter into humuslike material that can be recycled as a soil fertilizer amendment, such
as:
a.
Trees;
b.
Leaves; and
c.
Plant material.
(2)
The term "composting" does not include:
a.
Organic animal waste;
b.
Food;
c.
Municipal sludge;
Comment [r1]: The PC has recommended this
paragraph be deleted and the following new
definition for “commercial equipment” be adopted:
commercial equipment means any equipment or
machinery used in a business trade or industry,
including but not limited to: earth-moving
equipment, trenching or pipe-laying equipment,
landscaping equipment, mortar and concrete
mixers, portable pumps, portable generators,
portable air compressors, pipes, pool cleaning
equipment and supplies, and any other equipment
or machinery similar in design or function. However,
equipment and machinery for business use kept
within enclosed vehicles are not included.
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d.
Solid waste; and
e.
Other nonfarm or vegetative type wastes.
Concurrent variance. See Variance.
Condominium means a form of ownership distinguished by the absence of individual lots or lot
lines and utilizing instead a system of ownership whereby the 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 O.C.G.A. § 44-3-70, known and cited as the "Georgia Condominium Act."
Construction material means building materials and rubble resulting from the construction,
remodeling, repair, and demolition operations on pavements, houses, commercial buildings and other
structures. The term "construction material" includes, but is not limited to, asbestos containing waste, wood,
bricks, metal, concrete, wall board, paper, cardboard, inert waste landfill material, and other nonputrescible
wastes which have a low potential for groundwater contamination.
Convalescent center/nursing home/hospice.
(1)
The term "convalescent center/nursing home/hospice" means 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.
(2)
The term "convalescent center/nursing home/hospice" does not include hospitals, clinics,
or similar institutions devoted primarily to the diagnosis and treatment of the sick or
injured.
Convenience store.
(1)
The term "convenience store" means 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.
(2)
The term "convenience store" does not include vehicle service, maintenance and repair.
Convenient location and time means suitable time and easily accessible place for applicants to
meet with interested parties to discuss rezoning and use permit petitions.
Council means the City of Milton, Georgia, mayor and city council.
Country inn means a facility, with the owner or innkeepers residing on the premises, where
guestrooms are made available for visitors for fewer than 30 consecutive days. The term "country inn" is
distinguished from the term "bed and breakfast inn" in that it serves both breakfast and lunch or dinner.
Courtyard means an open air area, other than a yard, that is bounded by the walls of a building.
(1)
Used primarily for supplying pedestrian access, light, and air to the abutting buildings.
(2)
Site furniture, lighting and landscaping are appropriate.
(3)
Vehicular access allowed for unloading and loading only.
(4)
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No vehicular parking or vehicular storage is allowed.
Crematorium means a facility for the reduction of remains to ashes by incineration.
Cul-de-sac means a street having only one connection to another street, and is terminated by a
vehicular turnaround.
Curb cut means a connection between a roadway and a property for vehicular access. Curb cut
applies to access regardless of the existence of curbing.
Cutoff means 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 ten percent at a vertical angle of
80 degrees above nadir.
Cutoff fixture means a luminaire light distribution where the candela per 1,000 lamp lumens does
not numerically exceed 25 (2.5 percent) at or above a vertical angle of 90 degrees above nadir, and 100
(ten percent) at or above a vertical angle of 80 degrees above nadir. This applies to all lateral angles
around the luminaire.
Day care facility means a use in which shelter, care, and supervision as provided for seven 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 "day care facility" includes:
(1)
Nursery school;
(2)
Kindergarten;
(3)
Early learning center;
(4)
Play school;
(5)
Preschool; and
(6)
Group day care home.
Day care home, family. See Family day care home.
Day-night average sound level (DNL) means the 24-hour average sound level, in decibels,
obtained from the accumulation of all events with the addition of ten decibels to sound levels in the night
from 10:00 p.m. to 7:00 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 means a structure abutting a dwelling with no roof or walls except for visual partitions and
railings not to exceed 42 inches above finished floor which is constructed on piers or a foundation
abovegrade for use as an outdoor living area.
Delicatessen means a store where ready to eat food products, typically meats and salads, are
sold.
Department means the department of community development.
Department director or director means the community development director.
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Design professional of record means the licensed professional whose seal appears on plats or
plans subject to these regulations.
Development, duplex, means a development of duplexes.
Development, multifamily means a development of multifamily dwelling units on a single lot of
record.
Development of regional impact (DRI) study means 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 means requirements established for each administrative and use
permit such as setbacks, access, landscape and buffer areas, hours of operation, etc.
Development, single-family, means a development of single-family dwelling units, with each
dwelling unit including accessory structures, on a separate lot of record.
Development standards means 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, means a development of townhouse dwelling units.
Distribution line means a pipeline other than a gathering or transmission line.
District, nonresidential, means 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, means 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 means a facility which provides for the collection, removal and detention of
surface water or groundwater from land by drains, watercourse or other means.
Drive-in/up restaurant means a restaurant designed for customers to park and place and receive
food orders while remaining in their motor vehicles.
Drive-in Theater means an establishment laid out such that patrons may enter and park to view a
motion picture while remaining in their vehicle.
Driveway means a vehicular accessway.
Dwelling means any building or portion thereof which is designed for or used for residential
purposes for periods of more than 30 consecutive days.
Dwelling, duplex, means a structure that contains two dwelling units.
Dwelling, multifamily.
(1)
The term "multifamily dwelling" means a structure containing three or more dwelling units.
(2)
The term "multifamily dwelling" does not include:
a.
Townhouses;
b.
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Triplexes; or
c.
Quadruplexes.
Dwelling, quadruplex, means four attached dwellings in one building in which each unit shares one
or two walls with an adjoining unit.
Dwelling, triplex, means a building containing three dwelling units, each of which has direct access
to the outside or to a common hall.
Dwelling unit means one or more rooms constructed with cooking, sleeping and sanitary facilities
designed for and limited to use as living quarters for one family.
Dwelling unit, single-family, means one dwelling unit that is not attached to any other dwelling unit
by any means.
Dwelling unit, townhouse, means 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.
Engineer means a registered, practicing engineer, licensed by the state.
Environmentally adverse means any use or activity which poses a potential or immediate threat to
the environment and is physically harmful or destructive to living beings as described in the Executive
Order 12898 regarding environmental justice.
Environmentally stressed community means a community exposed to a minimum of two
environmentally adverse conditions resulting from:
(1)
Public and private municipal uses:
a.
Solid waste and wastewater treatment facilities;
b.
Utilities;
c.
Airports; and
d.
Railroads; and
(2)
Industrial uses:
a.
Landfills;
b.
Quarries; and
c.
Manufacturing facilities.
Escort and Dating Services means any business whothat arranges a meeting between an
escort under its employment and a client for entertainment or companionship for a fee.
Family.
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(1)
The term "family" means one or more persons related by blood, marriage, adoption,
guardianship or other duly authorized custodial relationship, or up to four unrelated
persons, occupying a dwelling unit and living as a single housekeeping unit.
(2)
The term "family" does not include persons occupying a roominghouse, boardinghouse,
lodginghouse, or a hotel.
Family day care home means a home occupation in which shelter, care, and supervision are
provided for six or fewer persons on a regular basis. A family day care home may provide basic educational
instruction.
Farm means:
(1)
A parcel of land which is used for the raising of animals (including fish) on a commercial
basis, such as:
a.
Ranching;
b.
Dairy farming;
c.
Piggeries;
d.
Poultry farming; and
e.
Fish farming;
(2)
A facility for the business of boarding or renting horses to the public; or
(3)
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.
Fast food restaurant. See Restaurant, fast food.
Financial Establishment means an establishment for the custody, loan, exchange, or issue of
money, for the extensions of credit, and for facilitating the transmission of funds.
Flag lot means 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.
Flea market and second hand surplus retailers means an establishment selling secondhand
articles, antiques, curios and cut-rate merchandise, typically outdoors and in individually rented stalls.
Flood lamp means a form of lighting designed to direct its output in a specific direction with a
reflector formed from the glass envelope of the lamp itself. Such lamps are so designated by the
manufacturers and are typically used in residential outdoor area lighting.
Floodlight means 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.
Floodplain management terms. The following definitions apply to sections of the zoning ordinance
on floodplain management:
(1)
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As-built drawings means 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.
(2)
Base flood means the flood having a one percent chance of being equaled or exceeded
in any given year the 100-year flood.
(3)
Base flood elevation (BFE) means the highest water surface elevation anticipated at any
given point during the base flood.
(4)
Development means any manmade change to improved or unimproved real estate
including, but not limited to, buildings or other structures, such as mining, dredging, filling,
grading, paving, excavation or drilling operations.
(5)
Federal Emergency Management Agency (FEMA) means the federal agency which
administers the National Flood Insurance Program. This agency prepares, revises and
distributes the maps and studies adopted under sections 64-258 through 64-315
(6)
Flood or flooding means 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 means an examination, evaluation, and determination of flood
hazards and, if appropriate, corresponding water surface elevations.
(8)
Flood boundary and floodway map means an official map of Fulton County on which
FEMA has delineated the various flood boundaries, the floodway fringe, and the
floodways.
(9)
Flood fringe means that area contained by the flood boundaries exclusive of the
regulatory floodway.
(10)
Flood insurance rate map (FIRM) means the official map of Fulton County on which
FEMA has delineated the risk premium zones.
(11)
Flood insurance study (FIS) means a compilation of flood-related data obtained from the
flood studies for the unincorporated areas of Fulton County, Georgia, prepared by FEMA.
(12)
Floodplain means lands subject to flooding, which have a one percent probability of
flooding occurrence in any calendar year; the 100-year floodplain is shown on the Flood
Boundary and Floodway Map. The term "floodplain" is also referred to as area of
moderate flood hazard.
(13)
Floodprone area means 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 public works department to be a hazard to adjacent properties or
development in the event of the base flood.
(14)
Floodproofing means 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)
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Freeboard means a factor of safety usually expressed in feet above a flood level for
purposes of floodplain management.
(17)
Functionally dependent use means a use which cannot perform its intended purpose
unless it is located or carried out in close proximity to water.
(18)
Intermediate regional flood (IRF) elevation. See Base flood elevation.
(19)
Lowest floor means the lowest minimum floor including basement and attached garage.
(20)
Map means the flood boundary and floodway map or the flood insurance rate map.
(21)
Mean sea level means, for purposes of floodplain management, the National Geodetic
Vertical Datum (NGVD) of 1929.
(22)
Mobile home. See Mobile home.
(23)
Mobile home park/mobile home subdivision means a parcel (or contiguous parcels) of
land divided into two or more mobile home lots for rent or sale for which the construction
of facilities for servicing the lot on which the mobile home is to be affixed (including at a
minimum the installation of utilities, either final site grading or the pouring of concrete
pads and construction of streets) was completed on or after April 5, 1972.
(24)
NGVD means the National Geodetic Vertical Datum.
(25)
New structure means 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 floodplain
management provisions were first adopted on April 5, 1972.
(26)
Regulatory floodway means 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 means relating to, formed by, or resembling a river (including tributaries),
stream, or brook.
(28)
Special flood hazard area means 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 means 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.
a.
The term "start of construction" includes for any structure, except a mobile
home, which has no basement or poured footings, the first permanent framing or
assembly of the structure or any part thereof on its park or mobile home
subdivision. For a mobile home, the term "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.
b.
The term "permanent construction" does not include:
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1.
Land preparation, such as clearing, grading, and filling;
2.
The installation of streets and walkways;
3.
Excavation for a basement, footings, piers or foundations, and the
erection of temporary forms; or
4.
The installation of accessory buildings, such as garages and sheds,
apart from the main structure.
(30)
State coordinating agency means the floodplain management coordinator of the state
department of natural resources.
(31)
Structure means all walled and roofed buildings, storage tanks and other structural
improvements located principally above ground.
(32)
Water surface elevation means the relationship between the projected heights and the
NGVD reached by floods of various magnitudes and frequencies in the floodplains.
Floor area, gross, means 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.
(1)
The term "gross floor area" includes:
a.
Common public areas, such as lobbies, restrooms and hallways; and
b.
Spaces devoted exclusively to permanent mechanical systems, permanent
storage areas, stairwells and elevator shafts.
(2)
The term "gross floor area" does not include:
a.
Internal parking and loading areas;
b.
Attics;
c.
Porches;
d.
Balconies; and
e.
Other areas outside of the exterior walls of the building.
(3)
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.
The term "gross floor area" is commonly referred to as floor area.
Floor area, ground, means the heated floor area of the first story of a building above a basement
or, if no basement, the lowest story.
Floor area, heated.
(1)
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The term "heated floor area" means the sum of all heated area of a dwelling or dwelling
unit, as appropriate, measured to the inside surfaces of exterior walls.
(2)
The term "heated floor area" does not include:
a.
Porches;
b.
Balconies;
c.
Attics;
d.
Basements (finished or unfinished);
e.
Garages;
f.
Patios; and
g.
Decks.
Floor area, net.
(1)
The term "net floor area" means the sum of all floors of a structure as measured to the
outside surfaces of exterior walls.
(2)
The term "net floor area" does not include:
a.
Halls;
b.
Stairways;
c.
Elevator shafts;
d.
Attached and detached garages;
e.
Porches;
f.
Balconies;
g.
Attics with less than seven feet of headroom;
h.
Basements;
i.
Patios; and
j.
Decks.
Floor area, net leasable, means the gross floor area less the common public areas.
Footcandle means 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.
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Fortune telling establishment means all persons, firms or corporations desiring to engageengaging
in the business, trade or profession of fortune-telling, astrology, phrenology, palmistry, clairvoyance, or
related practices for a charge or by donation.
Fuel oil means 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 term "fuel oil" includes oil that may be:
(1)
A distilled fraction of petroleum;
(2)
A residuum from refinery operations;
(3)
A crude petroleum; or
(4)
A blend of two or more of the oils in subsections (1) through (3) of this definition.
Full cutoff means a luminaire light distribution where zero candela intensity occurs at or above an
angle of 90 degrees above nadir. Additionally, the candela per 1,000 lamp lumens does not numerically
exceed 100 (ten percent) at or above a vertical angle of 80 degrees above nadir. This applies to all lateral
angles around the luminaire.
Full cutoff fixture means an outdoor light fixture shielded or constructed in such a manner that it
emits no light above the horizontal plane of the fixture.
Funeral Home means an establishment with facilities for the preparation of the dead for burial or
cremation, for the viewing of the body, and for funerals.
Garage, automobile repair See “Repair garage, automobile”
Garden center means a business whose primary operation is the sale of seeds and organic and
inorganic materials, which include, but are not limited to, trees, shrubs, flowers, and other plants for sale or
transplanting, mulch, pine straw, and other organic products for landscaping purposes, and other limited
retail accessory products for gardening and landscaping.
Gasoline station means a commercial retail establishment for the dispensing and distribution of
automotive fuels with or without a retail convenience store.
Gathering line means a pipeline that transports fuel oil/liquid petroleum product from a current
production facility to a transmission line or main.
Glare means 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 means a use of land for playing the game of golf.
(1)
The term "golf course" includes a country club and a driving range as an accessory use.
(2)
The term "golf course" does not include miniature golf.
Governmental facility means a building or institution provided by the government to care for a
specified need, such as a courthouse or county jail.
Grade means the average elevation of the finished surface of the ground adjacent to all sides of
any structure.
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Gravel road means 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 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 definition.
Group residence for children means a dwelling unit or facility in which fulltime residential care is
provided for children under the age of 17 years 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.
(1)
The term "group residence/shelter" means 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.
(2)
The term "group residence/shelter" does not include those facilities which exclusively
care for children under the age of 17 years.
Guesthouse means a detached accessory dwelling unit located on the same lot with a single-
family dwelling unit. A guesthouse may be only used by relatives, guests or employees that work on the
property without payment for rent.
Gymnasium means a room or building used for various indoor sports and physical fitness and/or
usually equipped with gymnastic apparatus, includingwith spectator accommodations, locker and shower
rooms, classrooms, and/or swimming pools.
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Hardship means 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 this zoning ordinance.
Health club/Spa means a commercial establishment havingwhose members who pay a fee to use
its health and fitness facilities and equipment. Health clubs may include a gymnasium, however shall
notThis definition does not include residential or subdivision amenities areas.
Height means 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 means commercial lighting with an architectural design from the late 19th
and early 20th centuries.
Home occupation means an accessory use of a dwelling unit for business, operated by members
of the resident family only. (See section 64-213.)
Home schooling means the practice of teaching one's own children at home in accordance with
O.C.G.A. §§ 20-2-690 and 20-2-690.1.
Hoop stress means a causation of internal and external pressure loading on the pipe.
Hospital means the provision of inpatient health care for people, including:
(1)
General medical and surgical services;
(2)
Psychiatric care and specialty medical facilities; and
(3)
Outpatient facilities.
Hotel, apartment, means 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.
Hotel/motel means a building in which lodging and boarding is provided for fewer than 30 days.
The term "hotel/motel" includes a restaurant in conjunction therewith. The term "hotel/motel" also means a
tourist court, motor lodge and inn.
IESNA means the Illuminating Engineering Society of North America, a nonprofit professional
organization of lighting specialists that has established recommended design standards for various lighting
applications.
Illuminance means the quantity of light arriving at a surface divided by the area of the illuminated
surface, measured in footcandles.
(1)
Horizontal illuminance applies to a horizontal surface.
(2)
Vertical illuminance applies to a vertical surface.
(3)
The term "average illuminance" means the level of illuminance over an entire illuminated
target area.
(4)
The term "maximum illuminance" means the highest level of illuminance on any point
within the entire area.
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(5)
The term "minimum illuminance" means the lowest level of illuminance on any point
within the entire area.
Illuminance levels.
(1)
The term "illuminance levels" means illuminance levels and footcandles noted in this
zoning ordinance.
(2)
The term "illuminance levels" also means the illuminance levels occurring just prior to
lamp replacement and luminaire cleaning.
(3)
The average illuminance level applies to an entire illuminated target area.
(4)
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.
(1)
The term "direct illumination" means illumination which is projected from within a sign,
building, etc.
(2)
The term "indirect illumination" is illumination which is projected onto a sign, building, etc.
Improvement setback means an area adjacent to a zoning buffer in which no improvements and
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
department.
Industrialized building means a building manufactured in accordance with the Georgia
Industrialized Building Act (O.C.G.A. §§ 8-2-110—8-2-112) 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.
Institutional uses include:
(1)
Schools;
(2)
Colleges;
(3)
Vocational schools;
(4)
Hospitals;
(5)
Places of worship;
(6)
Asylums;
(7)
Museums; and
(8)
Other similar uses or facilities.
Junk facility. See Salvage/storage/junk facility.
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Kennel means 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 nonbusiness
operation, its use may be certified by the Fulton County Animal Control Office.
Lamp means the component of an outdoor luminaire that produces light.
Land disturbance permit means a permit issued by the community development department 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 means 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:
(1)
Clearing;
(2)
Dredging;
(3)
Grading;
(4)
Excavating;
(5)
Transporting; and
(6)
Filling.
Landfill, inert waste disposal means 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.
(1)
The term "inert waste" means:
a.
Earth and earthlike products;
b.
Concrete;
c.
Cured asphalt;
d.
Rocks;
e.
Bricks;
f.
Yard trash;
g.
Stumps;
h.
Limbs; and
i.
Leaves.
(2)
The term "inert waste" does not include other types of industrial and demolition waste not
specifically listed in subsection (1) of this definition. Refer to the rules concerning solid
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waste management of the Georgia Department of Natural Resources, Environmental
Protection Division, as amended, for further definition.
Landfill, solid waste disposal, means a disposal facility accepting solid waste excluding hazardous
waste disposed of by placing an earth cover thereon. The term "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 means a registered, practicing landscape architect licensed by the state.
Landscape strip means an area required by this zoning ordinance or by conditions of zoning which
is reserved for the installation and maintenance of plant materials.
Landscaping business means a business whose primary operation is the sale or storage of
organic or inorganic materials, plants, mulch, pine straw, or other limited related accessory products for the
landscape industry or the storage or use of associated landscape vehicles.
Landscape business means a business providing the services described herein at off-site
locations. While most of the actual landscape activity occurs off-site, the business owner’s property may
be approved for equipment storage, parking, material storage and a building or buildings for storage and
plant propagation. Landscape businesses typically include outdoor activities such as: lawn installation;
mowing and maintenance; fertilization and/or insecticide treatment; the planting and maintenance of trees,
shrubs and flowers; tree and stump removal; the spreading and grading of top soil, mulch or other ground
covers; the installation of stone, brick and block walkways and retaining walls; and the temporary storage of
plant trimmings.
Large-scale retail/service commercial development means a retail/service commercial
development with at least one large-scale retail structure but no more than four such structures whether
freestanding or combined.
Large-scale retail/service commercial structure means 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.
Laundromat means any commercial laundry where coin-operated or other self-service
washing machines are available to individual customers.
Laundry and dry cleaning plant distribution center means an establishment performing the dry
cleaning and laundering processes on site with or without walk-in facilities and typically sending laundered
products out to separate pick up sites.
Laundry and dry cleaning shop means a commercial establishment whose business is the
cleansing of fabrics with non-aqueous organic solvents and may include laundering off-site.
Lawful use means any use of lots or structure which is not in violation of any existing federal, state
or local law, statute, regulation or ordinance.
Lawn service business means a commercial establishment providing lawn care, maintenance and
propagation for a fee. These services are provided at off-site locations.
Library means 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, means light emitted directly from the lamp, off of the reflector or reflector diffuser, or
through the refractor or diffuser lens, of luminaire.
Comment [lt2]: Please note that this new
definition was approved and included by City
Council on May 16, 2010.
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Light, fully shielded, means 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, means direct light that has been reflected or has scattered off of other surfaces.
Loading space means 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 means a facility allowed with a use permit which provides
space, food and/or lodging facilities for social, educational or recreational purposes.
Lot means 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. The
terms "lot," "tract" and "parcel" are synonymous.
Lot, corner, means a multiple frontage lot adjoining two streets at their intersection.
Lot frontage means the shortest property line adjoining a street or, for lots requiring no street
frontage, oriented toward a street. A property line adjoining a stub street shall not be considered as
frontage unless it is proposed for access or is the only street frontage. Front yard requirements shall be
measured from this property line. In situations where a multiple frontage lot has equal distance on street
frontages, the director of community development shall determine the legal lot frontage.
Lot line, front, means 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/property line means 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 line, rear, means, generally, 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 20 feet long, and wholly within the lot. True triangular lots do not have rear lot
lines. Lots with more than one front lot line do not have rear lot lines. The director of the community
development department or his or her designee shall make the final determination of rear lot lines when in
dispute or undefined by this definition.
Lot line, side, means a lot line which is not a rear or front lot line.
Lot, multiple frontage, means lots adjoining more than one street.
Lot, nonconforming. See. Nonconforming lot, use or structure.
Lot-of-record means a lot, whether lawful or unlawful, which appears on a deed and plat recorded
in the official records of the clerk of superior court.
Lot, unlawful, means 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, means the least dimension required along the building line specified for each
district, parallel to the lot frontage and measured between side lot lines.
Luminaire means a complete lighting system and includes a lamp and a fixture.
Luminaire height means the vertical distance from the ground directly below the centerline of the
luminaire to the lowest direct-light-emitting part of the luminaire.
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Maintenance, normal, means the upkeep of a sign for the purpose of maintaining safety and
appearance which may include:
(1)
Painting;
(2)
Bulb replacement;
(3)
Panel replacement;
(4)
Letter replacement; and
(5)
Repair of electrical components and structural reinforcements to its original condition.
Manufactured home.
(1)
The term "manufactured home" means 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.
(2)
The term "manufactured home" includes any structure which meets all the requirements
of this definition 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 USC 5401 et
seq.
Manufactured home installation means the construction of a foundation system and the placement
or erection of a manufactured home or a mobile home on the foundation system. The term "manufactured
home installation" includes, without limitation, supporting, blocking, leveling, securing, or anchoring such
home and connecting multiple or expandable sections of such home.
Marquee means any permanent rooflike structure projecting beyond a building or extending along
and projecting beyond the wall of the building used for advertising or identification.
Massage Parlor means any building, structure, or place, other than a regularly licensed and
established hospital or dispensary, whose principal business is to practice nonmedical or non surgical
manipulative exercises or devices upon the human body manually or otherwise by any person other than a
licensed physician, surgeon, dentist, occupational or physical therapist, chiropractor or osteopath with or
without the use of therapeutic, electrical, mechanical or bathing devices.
Massing means varying the massing of a building and includes varying the surface planes of the
building:
(1)
With porches, balconies, bay windows, and overhangs;
(2)
By stepping-back the buildings from the second floor and above; or
(3)
By breaking up the roofline with different elements to create smaller compositions.
Comment [lt3]: See comment below. This
would allow the provision of massage as an
accessory use to other uses – salon, etc.
However it does effectively disallow a “spa” per se.
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Medical related lodging means a use which provides temporary lodging for family members of a
hospitalized patient.
Millinery means an establishment for the crafting, production and, or sale of headwear.
Mineral extraction means severance and removal of sand, stone, gravel, top soil, and other
mineral resources whenever such severance and removal is not conducted in conjunction with a permitted
development activity.
Mini-warehouse means 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 means a structure, transportable in one or more sections, which, in the traveling
mode, is eight-body feet or more in width or 40-body feet or more in length or, when erected on site, is 320
or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with
or without a permanent foundation when connected to the required utilities and includes the plumbing,
heating, air conditioning, and electrical systems contained therein; and manufactured prior to June 15,
1976, or otherwise does not comply with the standards established under the National Manufactured
Housing Construction and Safety Standards Act of 1974, 42 USC 5401 et seq.
Mobile home park.
(1)
The term "mobile home park" means 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.
(2)
The term "mobile home park" does not include mobile home sales lot.
Model home means a dwelling unit used for conducting business related to the sale of a
development.
Modification means 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 increase in height.
Modular building. See Industrialized building.
Modular home means a dwelling manufactured in accordance with the Georgia Industrialized
Building Act. See Industrialized building.
Mortuary See “Funeral Home”.
Motel. See Hotel/motel.
Multi-tenant means two or more businesses that provide goods and services within separate
structures located on the same site or within the same structure that provides wall separation and private
access for each business.
Museum means an institution devoted to the exhibition, procurement, care, study and display of
objects of lasting interest or value.
NADIR means the point directly below the luminaire defined as zero degrees vertical angle.
Nonconforming (grandfathered) lot, use or structure means 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
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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 this
zoning ordinance.
Nursing home.
(1)
The term "nursing home" means a use in which domiciliary care is provided to three or
more chronically ill nonfamily members who are provided with food, shelter and care.
(2)
The term "nursing home" does not include:
a.
Hospitals;
b.
Clinics; or
c.
Similar institutions devoted primarily to the diagnosis and treatment of the sick
or injured.
(3)
A convalescent center, nursing home and personal care home are further distinguished in
administrative and use permit provisions.
Off-premises means a location outside of the subject lot for a designated use.
Off-site premises means 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-premises means the individual lot-of-record on which the use is located.
On-site premises means 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, temporary, means 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.
Office, permanent, means a room or building wherein a professional person conducts business,
typically performing a service for another.
Open space means 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.
(1)
The term "open space" includes wooded areas other than required landscape strips and
buffers, pathways/walkways, fields, and sensitive environmental areas such as wetlands,
etc.
(2)
The term "open space" does not include detention facilities and platted residential lots.
Ordinance means this City of Milton Zoning Ordinance.
Outparcel (spin-site) means 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.
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Package sales store means an establishment retailing beer, malt, wine, or distilled spirits in the
original consumer container, typically sold directly to the final consumer and not for resale. See Section 4-1
of the Milton City Code.
Parcel. See Lot.
Parking lot means an off-street area which is used for the temporary parking of vehicle. whether
paid or unpaid. Typically, lots are surfaced and improved and may include a parking garage as a multi-
story facility.
Parking garage/deck see “Parking lot”.
Parking space means an area designated for the parking of one vehicle on an all-weather surface.
No more than two carport or garage spaces may offset the minimum parking requirements in a single-family
residential district. (Specifications included in article VIII.)
Path means a cleared way for pedestrians and bicycles that may or may not be paved or
otherwise improved.
Pawnshop means a business that lends money at interest on personal property deposited with the
lender until redeemed.
Personal care home/assisted living.
(1)
The term "personal care home/assisted living" means a state-licensed use in which
domiciliary care is provided to adults who are provided with food, shelter and personal
services.
(2)
The term "personal care home/assisted living" does not include:
a.
Hospitals;
b.
Convalescent centers;
c.
Nursing homes;
d.
Hospices;
e.
Clinics; or
f.
Similar institutions devoted primarily to the diagnosis and treatment of the sick
or injured.
Personal services, stand alone, means those buildings specifically designed and used for
providing personal grooming, and hygiene services.
Pet grooming means caring for the appearance of domesticated animals kept for pleasure,
including bathing and brushing services.
Photography studio means a room or building used for the setting and background of professional
commercial photography.
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Pipeline means 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.
Plans review means the act of reviewing plans and specifications to ensure that proposed
undertakings comply with various governing laws, ordinances and resolutions. Compliance is subsequently
utilized to determine that work and materials are in accordance with approved plans and specifications.
Plant nursery.
(1)
The term "plant nursery" means any land used to raise trees, shrubs, flowers and other
plants for sale or transplanting.
(2)
The term "plant nursery" does not include:
a.
The retail sale of any related garden supplies such as chemical fertilizer, tools
and other similar goods and equipment; or
b.
The retail sale of plants not grown on the property.
Plat, final, means a finished drawing of a subdivision which provides a complete and accurate
depiction of all legal and engineering information required by the subdivision regulations (chapter 50).
Certification is necessary for recording.
Plat, preliminary, means 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 (chapter 50).
Plumbing shop associated with retail sales means a commercial establishment used primarily for
the sale of plumbing and lighting equipment, and supplies.
Pool Hall means any public place including three or more pool tables where a person is permitted
to play the game of billiards and for which a charge is made for use of equipment or for which no charge is
made for use of equipment and where alcoholic beverages are being served.
Porch means a roofed open structure projecting from the exterior wall of a building and having at
least 70 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.
Printing shop means a commercial establishment where copying, reproduction and other business
services are performed.
Prison/correctional facility.
(1)
The term "prison/correctional facility" means a public or state-licensed private owned
buildings, 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.
(2)
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The term "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 section 64-1826, private correctional facility.)
Property, when used in conjunction with an application for rezoning, means an area of land
composed of less than one lot, or of accumulations of one or more lots, or parts thereof.
Protected zone means 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 buffers (including zoning
buffers, state water buffers and tributary buffers) and all tree save areas according to:
(1)
The provisions of this zoning ordinance;
(2)
Conditions of zoning;
(3)
Use permit or variance approval; and
(4)
The tree preservation ordinance (article III of this zoning ordinance).
Radio and television station means an installation consisting of one or more transmitters or
receivers, used for radio and, or television communications. This definition includes broadcasting
organizations and/or studios organizations.
Recreation fields means an outside area designed and equipped for the conduct of sports and
leisure time activities including, but not limited to:
(1)
Softball;
(2)
Soccer;
(3)
Football; and
(4)
Field hockey.
Recreational court, private.
(1)
The term "private recreational court" means 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, duplex dwelling and multifamily dwelling, or combinations of dwelling
types, including such improved areas which are owned and/or controlled by a
neighborhood club or similar organization.
(2)
The term "private recreational court" does not include a basketball goal adjoining a
driveway of typical residential driveway dimensions.
Recreational court, public, means 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 the definition Recreational court, private.
Recreational facilities includes:
(1)
Parks;
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(2)
Recreation areas;
(3)
Golf courses;
(4)
Playgrounds;
(5)
Recreation counters (indoor and outdoor);
(6)
Playing fields; and
(7)
Other similar uses or facilities.
Recreational vehicle means a vehicle used for leisure time activities and as a dwelling unit while
traveling. The dimensions of a recreational vehicle shall not exceed a width of 8½ feet and a length of 45
feet.
(1)
The term "recreational vehicle" includes:
a.
A camper;
b.
A motor home; and
c.
A travel trailer.
(2)
The term "recreational vehicle" does not include a mobile home.
Recycling center, collecting, means 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 nonresidential use on nonresidentially zoned property, except AG-1 zoned
properties unless the primary use is a permitted nonresidential use.
Recycling center, processing.
(1)
The term "processing recycling center" means 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.
(2)
The term "processing recycling center" does not include a landfill.
Relocated residential structure means a dwelling which has been removed from one location for
relocation to another lot.
Repair garage, automobile, means a use which may provide a full range of automotive repairs and
services including major overhauls. The term "automobile repair garage" includes paint and body shops.
Repair garage, truck and heavy equipment means a use which may provide a full range of repairs
and services including major overhauls on trucks and heavy equipment. The term "truck and heavy
equipment repair garage" includes paint and body shops.
Repair shop means a commercial establishment where small appliances, electronics and small
motors are restored to working condition.
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Research laboratory means a workplace for the conduct of scientific research.
Residential use/dwelling means any building or portion thereof where one actually lives or has his
or her home. The term "residential use/dwelling" also means a place of human habitation.
Restaurant means a food service use which involves the preparation and serving of food to seated
patrons. The restaurant seating area must be at least 40 percent 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. The term "restaurant" includes a cafeteria.
Restaurant, fast food, means 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 means a business whose primary purpose is the sale of merchandise to consumers.
Retreat. See Lodge.
Right-of-way means a portion of land over which a local or state government has designated a
right of use.
Roadside produce stand means 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.
Roadside vending means the sale of merchandise such as clothing, crafts, household item,
firewood, etc., from a temporary table or cart.
Roominghouse means a residential use other than a hotel or motel in which lodging may be
provided to nonhousehold members for periods of 30 days or longer, and which does not include the
provision of meals.
Salvage/storage/junk facility means 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 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 disposal of toxic and
hazardous waste.
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.
School, business, music or dance, means an educational institution devoted to a specific field of
learning whether public or private.
School, private, means 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, means an educational use devoted to special education, including the training of
gifted, learning disabled, mentally or physically handicapped persons, but not operated by the Fulton
County Board of Education.
Schools, colleges and universities means 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
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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 12th, including, but not limited to:
(1)
Trade, business and vocational schools; and
(2)
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.
Screen means a fence, wall, hedge, landscaping, earthen berm, buffer area or any combination of
these that is designed to provided a visual and physical barrier.
Seasonal business use means 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-storage/mini means 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 means a multi-level structure containing separate storage rooms/stalls under a
single roof that are leased or rented.
Senior housing means a single-family or multifamily 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 means a business whose primary purpose is to provide a service.
Service line means 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 term "customer meter" means the meter that measures the transfer of gas from one operator to a
customer.
Service station means 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 four or fewer bays excluding no more than one attached or detached bay for washing cars.
Setback means a space between a property line and a building or specified structure.
Setback, minimum, means 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 means a paved area designated for pedestrians which is constructed in accordance with
city standards.
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Site plan means 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.
Site plan, preliminary, means 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 as
prescribed by the community development department.
Skywalk means an elevated, grade separated pedestrian walkway or bridge located over a public
right-of-way.
Special event.
(1)
The term "special event" means an event or happening organized by any person or
organization which will generate or invite considerable public participation and spectators
for a particular and limited purpose of time including, but not limited to:
a.
Special sales and service promotions;
b.
Car shows;
c.
Arts and crafts shows;
d.
Horse shows;
e.
Carnivals, festivals, exhibitions, circuses and fairs;
f.
Show houses; and
g.
Tours of homes for charity.
(2)
Special events are not limited to those events conducted on the public streets but may
occur entirely on private property.
(3)
Special events may be for profit or nonprofit.
(4)
Special events which will occur in the public right-of-way, such as roadway footraces,
fundraising walks, bikeathons, parades, etc., are subject to the approval of the city police
department.
Specified anatomical areas means 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 means:
(1)
Human genitals in a state of sexual stimulation or arousal;
(2)
Acts of human masturbation, sexual intercourse or sodomy; or
(3)
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Fondling or other erotic touching of human genitals, pubic regions, buttocks or female
breasts.
Spill light means the light that illuminates surfaces beyond the intended area of illumination caused
by the uncontrolled direct light component from the luminaires.
Stadium means 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.
(1)
The term "story" means a portion of a building between the surface of any floor and the
floor or space above it;
(2)
The term "story" does not include basements and attics.
Story, half, means 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 means a roadway/right-of-way located and intended for vehicular traffic. Streets may be
public or they may be private if specifically approved by the community development department as part of
a subdivision plat or approved through the privatization process.
(1)
Public streets means rights-of-way used for access owned and maintained by the federal,
state, or local government.
(2)
Private streets means 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.
(3)
Stub-out streets means streets 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 turnaround. 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.
(4)
Driveway means 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 three
single-family detached residences.
(5)
Roadway.
a.
The term "roadway" means the paved or graveled portion of a street from back
of curb to back of curb (or edge of pavement to edge of pavement for streets not
having curbs).
b.
The term "roadway" does not include driveway aprons, bridges, and large single
and multi-cell culverts which in a hydrologic sense can be considered to function
as a bridge.
(6)
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Freeway means 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.
(7)
Principal arterial means 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.
(8)
Minor arterial means 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.
(9)
Collector road means 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.
(10)
Local road means 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.
(11)
Full access control means that 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.
(12)
Partial access control means that 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.
(13)
No access control means that preference is generally given to access to adjacent land
rather than mobility.
Structure.
(1)
The term "structure" means anything built or constructed which occupies a location on, or
is attached to, the ground.
(2)
The term "structure" does not include:
a.
Driveways;
b.
Surface parking lots;
c.
Patios; and
d.
Similar paved surfaces.
Structure, accessory, means a subordinate structure, customarily incidental to a principal structure
or use and located on the same lot.
(1)
Examples of accessory structures in single-family dwelling districts include outbuildings,
such as, tool sheds, woodsheds, workshops, outdoor kitchens, pool houses, gazebos,
guesthouses, storage sheds, detached garages and detached carports, etc.
(2)
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The term "accessory structure" does not include:
a.
Fences and retaining walls;
b.
Driveways;
c.
Surface parking lots;
d.
Patios, and similar paved surfaces.
Structure, principal, means a structure in which the principal use or purpose on a property occurs,
and to which all other structures on the property are subordinate. The term "principal" is synonymous with
the terms "main" and "primary."
Subdivision means the division of land into two or more lots. The term "subdivision" also means a
development consisting of subdivided lots.
Surface, all-weather, means any surface treatment, including gravel, which is applied to and
maintained:
(1)
So as to prevent:
a.
Erosion;
b.
Vehicle wheels from making direct contact with soil, sod or mud; and
(2)
Which effectively prevents the depositing of soil, sod or mud onto streets from areas
required to be so treated.
Swimming pool, private, means a recreation facility designed and intended for water contact
activities which serves single-family dwellings, duplex dwellings and multifamily dwellings, or combinations
of dwelling types, including pools which are owned and controlled by a neighborhood club or similar
organization.
Swimming pool, public, means a recreation facility designed and intended for 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.
Tattoo and Body Art or Piercing establishment means any establishment whose principal
businesss activity, either in terms of operation or as held out to the public, is performing the practice of
physical body adornment by artists using but not limited to the techniques of body piercing and tattooing.
For the purposes of this code, the definition does not include ear piercing or body painting with pigments
that are temporary in nature.
Tenant panels means an on-premises sign panel that lists the name of tenants within a shopping
center or development which the primary sign identifies.
Theater means a building or area designed primarily for showing performing arts or motion
pictures.
Thoroughfare, major, means any street which is classified in the transportation element of the
comprehensive plan as either a freeway, an arterial or a major collector.
Comment [lt4]: Note use of the word “principal”
which may allow tattoo as part of permanent
cosmetics within another venue.
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Thoroughfare, minor, means any street which is classified in the transportation element of the
comprehensive plan as a minor collector or local street.
Tinsmithing shop means an establishment wherein tin ware, sheet metal or other light metals are
formed or repaired.
Tower means 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.
(1)
The term "tower" includes radio and television transmission towers, microwave towers,
common carrier towers, cellular telephone towers and the like.
(2)
The term "tower" does not include amateur radio antenna.
Transfer station means a facility used to transfer solid waste from one transportation vehicle to
another for transportation to a disposal facility or processing operation.
Transmission line means 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); or
(2)
Transports fuel oil/liquid petroleum product within a storage field.
Trespass light means 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 means 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.)
Use means the purpose or function arranged or intended for a structure or property.
Use, accessory, means 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 permit means a permit approved by the city 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.
Use, principal, means the primary or main purpose or function of a lot or structure. The term
"principal" is synonymous with the terms "main" and "primary."
Variance.
(1)
Administrative minor variance means a variance to the minimum district yard
requirements of not more than one foot, granted administratively by the director of
community development.
(2)
Administrative variance means a request:
a.
For relief from the standards contained in article XVII, development regulations;
b.
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To reduce the ten-foot improvement setback adjacent to buffers; or
c.
For a ten percent reduction of parking spaces as required in section 64-1413
(3)
Concurrent variance means a request for a primary variance concurrently with a rezoning
petition, modification or use permit.
(4)
Minor variance means an application requesting deviation from the minimum yard
requirements, not to exceed ten percent of the dimensional requirements.
(5)
Primary variance means an application requesting relief from the standards of the zoning
ordinance, except relief from use, minimum lot area, or minimum lot frontage.
(6)
Secondary variance means an appeal of a decision or action of a department director
authorized to hear a variance request or interpretation of this zoning ordinance.
Vegetative screen means 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 six feet. A
vegetative screen is composed of plant materials.
Vehicle, junk or salvage, means 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; and
(4)
Drivetrain component for more than 30 days.
Veterinary clinic/hospital means a place where animals are given medical care and the boarding of
animals is limited to short-term care incidental to the hospital use.
Video Arcade means any building structure or place where there are operated more than five coin-
operated or self-service bona fide amusement games as that term is defined in O.C.G.A. ss 16-12-35(d).
Waste means materials that are discarded, disposed of or no longer usable.
Waste disposal boundary means the limit of all waste disposal areas, appurtenances, and ancillary
activities including, but not limited to:
(1)
Internal access roads; and
(2)
Drainage control devices.
Waste, hazardous. See Georgia Department of Natural Resources definition.
Waste, solid. See Georgia Department of Natural Resources definition.
Yard means a land area extending between a structure and a lot line.
Yard, front, means 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.
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Yard, minimum, means the minimum distance between a building or specified structure and a lot
line as specified in the district regulations.
Yard, rear, means 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 or her designee shall make the final determination of rear yards
when in dispute or undefined by this definition.
Yard, side, means a yard which is not a front or rear yard.
Zero lot line means 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 "townhouses."
Zoning conditions means the requirements placed on property by the city council at the time of
approval of a rezoning and use permit.
Zoning modification means an application to change approved zoning conditions on rezonings and
use permits where it has been determined by the director of community development that the requested
change involves a matter of significant public interest.
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ11-11
AN ORDINANCE TO AMEND SECTION 64-1 OF THE CITY OF MILTON ZONING
ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) TO CREATE AND
AMEND DEFINITIONS CONTAINED WITHIN THIS SECTION
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on June 20, 2011 at 6:00 p.m. as follows:
SECTION 1. That the amendment of Section 64-1, 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 20th day of June, 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: May 25, 2011 for the June 20, 2011 Mayor and City Council Meeting
(First Presentation – June 6, 2011, Work Session – June 13, 2011)
Agenda Item: RZ11-12 – To Amend the City of Milton Zoning Ordinance to revise the
“Roadside vending” Administrative permit in Section 64-1607 of the Zoning
Ordinance
Background:
One of the follow up items resulting from cleaning up the permitted uses in C-1 and C-2 zoning
districts is the removal of Roadside vending as permitted in the C-1 & C-2 zoning districts.
Discussion:
Based on the previous discussions with City Council and the Planning Commission staff
proposes to remove Roadside vending as an administratively permitted use in the C-1 and C-2
zoning districts.
Recommendation:
Based on this analysis, staff recommends the text change as submitted.
Alternatives:
The Mayor and City Council may approve, deny or table the text amendment.
Concurrent Review:
Chris Lagerbloom, City Manager, Ken Jarrard, City Attorney
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Text Amendment RZ11-12 for the Mayor and City Council Meeting on June 20, 2011
Page 1 of 1
Sec. 64-1607. - Roadside vending.
(a)
Required districts. C-1, C-2, M-1 and M-2.
(b)
Standards.
(1)
No more than two administrative permits shall be granted per year and no permit shall be effective for more
than nine consecutive days. An application for said permit shall be made no less than 14 days prior to the
event. Said permit must be posted on site such that it is visible from the street.
(2)
The hours of operation shall be 8:00 a.m. to 8:00 p.m.
(3)
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 the site's property lines and other minimum distance requirements as specified
by this section shall be submitted to the community development department for approval. Said drawing
shall also depict north arrow, curb cuts and traffic patterns.
(4)
The applicant shall provide a notarized written permission statement of the property owner or lease holder of
the subject site to the community development department. A 24-hour contact number of the property owner
or leaseholder shall be provided along with permit application.
(5)
The property on which the roadside vendor is permitted must be located at least 1,500 feet from a
permanent business or another vendor which offers the same or similar merchandise as that of the vendor.
The vendor shall provide names of all established businesses which sell similar or the same merchandise
within 1,500 feet of the proposed vendor site.
(6)
Any vending displays or activity shall maintain a minimum 20-foot setback from the right-of-way and not be
located within a required landscape strip or buffer. Said displays or activities shall also maintain a minimum
setback of ten feet from any internal drive or permitted curb cut.
(7)
A minimum of six parking spaces shall be provided adjacent to the vending area for the exclusive use of the
roadside vending and shall not occupy the minimum required parking spaces for any other use on site.
(8)
No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of a
residential use.
(9)
No table or cart shall be located within 250 feet of a residential structure. Tents and tarps are prohibited.
Sales from vehicles are prohibited.
(10)
No equipment, vehicle, display or sales activity shall block access to a public facility such as a telephone
booth, mail box, parking meter, fire hydrant, fire alarm box, traffic control box, driveway or other access
point.
(11)
A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use.
(12)
Signage advertising the vending operation is prohibited.
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ11-12
AN ORDINANCE TO AMEND SECTION 64-1607 OF THE CITY OF MILTON ZONING
ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) TO AMEND THE
ROADSIDE VENDING ADMINISTRATIVE PERMIT
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on June 20, 2011 at 6:00 p.m. as follows:
SECTION 1. That the amendment of Section 64-1607, to amend the roadside vending
administrative permit 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 20th day of June, 2011
__________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, City Clerk
(Seal)
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, GA 30004
To: Honorable Mayor and City Council
From: Sudie Gordon, City Clerk
Date: June 3, 2011 for Submission onto the June 20, 2011 City Council Meeting
Agenda Item: Approval for City Clerk Sudie Gordon to serve as Chief Municipal Registrar and
Absentee Ballot Clerk.
CMO (City Manager’s Office) Recommendation:
Approval for City Clerk Sudie Gordon to serve as Chief Municipal Registrar and Absentee Ballot
Clerk for the City of Milton.
Background:
The Georgia Election Code requires that the appointment of the Registrar be verified in the
Mayor and Council minutes, Code Section 21-2-212.
Code Section 21-2-380.1 provides for the appointment of an Absentee Ballot Clerk.
Discussion:
The appointment of this position will be necessary for the upcoming Municipal election.
Alternatives:
N/A
Concurrent Review:
Chris Lagerbloom, City Manager