HomeMy WebLinkAboutORDINANCE NO 11 12 121STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 11-12-121
RZ11-18
AN ORDINANCE TO CREATE A NEW ZONING DISTRICT IN ARTICLE VI, DIVISION 26,
OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF
ORDINANCES) CALLED THE H (HISTORIC) DISTRICT
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on December 19, 2011 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance relates to Amending Chapter 64, Article VI, Division 26 to
create a new zoning district to be called the H (Historic) District to assist in preserving historic
property or properties as set forth in Article XVII, "Historic Preservation Commission" and;
SECTION 2. That by adopting this ordinance, may allow a historic building, as designated by
the City of Milton Historic Preservation Commission, original use or uses for the said structure
to operate within the City is hereby adopted and approved; and is attached hereto as if fully set
forth herein, and;
SECTION 3. All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 4. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 19"' day of December, 2011.
Joe Lockwood f, yor
Attest:
ft�,07d-'-n
Sudie AM Gordon, City Clerk
STATE OF GEORGIA
COUNTY OF FUL,TON
Division 26 H HISTORIC DISTRICT
ORDINANCE NO. 11-12-121
RZ11-18
Sec 64-952 Scope and intent.
(a) The regulations set forth in this division are the H district regulations. The H district is intended
to allow for a Historic structure to be used, protected, renovated and preserved, based on its
historic value to the community. It may allow a specific, previous use to continue in a structure
where that use would be considered nonconforming as defined in the current City of Milton
Zoning Ordinance. This designation will help preserve the rich traditions of history and culture
evident in Milton's original settlement.
Sec. 64-953 Use regulations.
Within the H district, land and structures shall be used in accordance with standards herein.
(a) When approving H District classification for a property, the Milton City Council shall designate as
a condition of zoning any limitations on the use of the subject property or structures located
thereon. If no such condition is included, the use of the subject property shall be limited to the
most intense use allowed on any property adjacent to the subject property.
(b) H District classification shall only be available for property on which a proposed Historic use
would be deemed non -conforming under the existing zoning classification. Existence of the
Historic use of the subject property may be established by, among other things, historic pictures
of the subject property, deeds, bills of sale, and personal affidavits. In the event that personal
affidavits are submitted as part of the H District zoning application, such affidavits shall be
supplemental to other evidence of Historic use and may not be the sole evidence of same.
(c) The proposed Historic use shall be limited to those Historic structures identified on the subject
property and may not be expanded.
(d) Any structure for which a non -conforming Historic use is proposed must first be designated as
Historic by the City of Milton Historic Preservation Commission. The historic designation process
must be completed prior to the City accepting a rezoning application for the subject property,
unless the Community Development Director determines that it is in the best interest of the City
to process the designation and zoning applications together because of the risk of probable
demolition.
(e) The proposed Historic use shall be compatible with the surrounding land uses.
(f) The proposed Historic use shall not result in the removal of historical characteristics of the
structure or site, including mature landscaping.
Sec. 64-954 Development standards.
In order to allow for the unique nature of the properties receiving the H District classification,
there are no district -specific development standards. However, all other requirements of the
subject property's Overlay District and the City of Milton Zoning Ordinance, including, but not
limited to those identified in Section 64-955, shall be maintained. In addition, the Milton City
Council shall consider the subject property's overlay district and City of Milton Zoning
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STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 11-12-121
RZ11-18
Ordinance as it pertains to the proposed Historic use, and may adopt reasonable conditions of
zoning with respect to the following, without the need for a variance:
(a) Maximum structure height
(b) Minimum lot area
(c) Maximum density
(d) Minimum lot width
(e) Minimum development frontage
(f) Minimum lot frontage
(g) Minimum heated floor area
(h) Minimum front yard setback
(i) Minimum side corner setback
(j) Minimum side yard setback
(k) Minimum rear setback
(1) Accessory structure requirements
(m) Buffer requirements
(n) Parking requirements
(o) Parking lot tree requirements
(p) Lighting requirements
(q) Fencing requirements
(r) Signage limitations
Notwithstanding any provisions to the contrary found in the City of Milton Zoning Ordinance,
the zoning conditions adopted by the Milton City Council shall have precedence over any
conflicting requirement, regulation or standard found in either the Overlay District regulations
or the City of Milton Zoning Ordinance.
Sec. 64-955 Other regulations.
The following headings contain provisions applicable to the H district:
1. Development regulations: article XVII of this zoning ordinance.
2. Exceptions: article II, division 3 of this zoning ordinance.
3. Floodplain management: article IV of this zoning ordinance.
4. Off-street parking and loading: article VIII of this zoning ordinance.
S. Outside storage: article II, division 2 of this zoning ordinance.
6. Landscape area and buffer regulations: article III of this zoning ordinance.
* Signs: article XVI of this zoning ordinance.
* Noise study report: section 64-2131.
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