HomeMy WebLinkAboutORDINANCE NO. 10-08-72row
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 10-08-72
RZ10-02
AN ORDINANCE TO AMEND OR DELETE VARIOUS SECTIONS OF THE CITY OF
MILTON ZONING ORDINANCE TO BE CONSISTENT WITH THE
TELECOMMUNICATIONS ORDINANCE (CHAPTER 54 OF THE CITY CODE OF
ORDINANCES)
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on August 16, 2010 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance relates to Amending the following Sections of Chapter 64
(Zoning Ordinance); Section 64-74, Section 64-1097, Section 64-1592, Section 64-1594,
Section 64-1801, to be consistent with the City of Milton Telecommunications Ordinance
(Chapter 54 of the City Code of Ordinances), 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repealed.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 16`h day of August, 2010.
Attest:
Sudie Gordon, Interi City Clerk
ISec. 64-74. - Nonconforming lots, uses and structures.
Within the zoning districts established by this ordinance, there may exist lots, structures, and uses of
WAY" both land and structures which were lawful before this ordinance was adopted or subsequently amended, but
which would be prohibited, regulated, or restricted under the terms of this zoning ordinance as adopted or
subsequently amended. Nonconforming lots, uses and structures may continue in their nonconforming status
with the following limitations and requirements:
(1) Nonconforming lot. A single, lawful lot -of -record which does not meet the requirements of this ordinance for area
or dimensions, or both, may be used for the buildings and accessory buildings necessary to carry out permitted uses
subject to the following provisions:
a. Parking space requirements as provided for in article VIII are met;
b. Such lot does not adjoin another vacant lot or portion of a lot in the same ownership; and
c. If two or more adjoining lots or portions of lots in single ownership do not meet the requirements
established for lot width, frontage or area, the property involved shall be treated as one lot, and no portion of
said lot shall be used or sold in a manner which diminishes compliance with this ordinance. This subsection
shall not apply to nonconforming lots when 50 percent or more of adjoining lots on the same street are the
same size or smaller.
(2) Nonconforming uses of land. When a use of land is nonconforming pursuant to the provisions of this ordinance,
such use may continue as long as it remains otherwise lawful and complies with the following provisions:
a. No nonconforming use shall be enlarged, increased or extended to occupy a greater area of land than
.A. that which was occupied at the time use became nonconforming;
b. No nonconforming use shall be moved in whole or in part to any other portion of the lot not occupied by
such use at the time the use became nonconforming; and
c. If any nonconforming use of land ceases for a period of more than one year, any subsequent use of such
land shall comply with this ordinance.
(3) Nonconforming use of structures. If a lawful use of structure, or of a structure and lot in combination, exists at the
effective date of this zoning ordinance or its subsequent amendment that would not be allowed under provisions of
this ordinance as adopted or amended, the use may be continued so long as it complies with other regulations,
subject to the following conditions:
a. No existing structure devoted to a use not permitted by this ordinance shall be enlarged, extended,
constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a
permitted use;
b. Any nonconforming use may be extended throughout any part of a building which was arranged or
designed for such use at the time the use became nonconforming, but no such use shall be extended to
occupy any land outside such building;
c. If no structural alterations are made, any nonconforming use of a structure or structure and land may be
changed to another nonconforming use of the same or more restrictive nature;
RZ10-02 — Text Amendment to delete or amend the Zoning Ordinance to be consistent with the City of Milton
Telecommunications Ordinance
City Council Meeting—August 2, 2010 (First Presentation)
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d. When a nonconforming use of a structure or a structure and land in combination is replaced with a
conforming use, such structure or land may not later revert to a nonconforming use;
e. When a nonconforming use of a structure or structure and land in combination is discontinued or
abandoned for one year, the structure or structure and land in combination shall not thereafter be used
except in conformance with the regulations of the district in which it is located; and
f. A nonconforming use of a structure or a nonconforming use of land shall not be extended or enlarged by
attachment to a building or land of additional signs which can be seen from off the land or by the addition of
other uses of a nature which would be prohibited generally in the district.
(4) Nonconforming structures. When a structure exists on the effective date of this zoning ordinance or its
amendments that could not be built under the terms of this ordinance because of restrictions on building area, lot
coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may remain
as long as it complies with all other zoning regulations, subject to the following conditions:
a. No structure may be enlarged or altered in a way which increases its nonconformity;
b. Destruction, by any means, of more than 60 percent of the gross square footage of a structure shall
require that the structure be reconstructed in conformity with the provisions of this ordinance;
c. Any structure which is moved, for any reason and for any distance whatever, shall conform to the
WNW regulations for the district in which it is located; or
(5) Rezoning which results in nonconforming structures. When a property containing lawful structures is rezoned, the
following shall apply:
a. The approval of the rezoning by the city council shall automatically adjust minimum/maximum yards to the
extent necessary for existing structures to comply.
b. All new construction, expansions or additions shall comply with the minimum yard requirements of the
new district.
c. Buffers and landscape areas shall be established by conditions of zoning which shall have precedence
over the district standards contained in section 64-237
d. Destruction or removal of buildings which preexisted rezoning shall reinstate the development standards
of the then applicable district provisions of this zoning ordinance.
(6) Exemptions due to state or city action. Whenever a lot becomes nonconforming as a result of land acquisition by
the county or state, building permits shall be granted for new construction provided the proposed structure complies
with all but lot area requirements, and setback requirements shall be reduced without the requirement for a variance
to the extent of the width of the acquired property.
RZ10-02 — Text Amendment to delete or amend the Zoning Ordinance to be consistent with the City of Milton
Telecommunications Ordinance
V"o City Council Meeting—August 2, 2010 (First Presentation)
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Whenever a structure becomes nonconforming as a result of city, county or state action other than an
amendment to this zoning ordinance, the use of the structure may continue and the structure may be replaced
as though no nonconformity exists if, subsequent to such action, the structure is destroyed
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RZ10-02 —Text Amendment to delete or amend the Zoning Ordinance to be consistent with the City of Milton
Telecommunications Ordinance
maw City Council Meeting —August 2, 2010 (First Presentation)
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Sec. 64-1097. - Miscellaneous provisions. (State Route 9 Overlay District)
(a) Telecommunications switchboards, power generators, and other telecommunications relay equipment rooms
or floors housing such uses are limited to the following areas of a building:
(1)Subterranean levels;
(2)First and second floors which are set back a minimum of 50 feet from the street; or
(3)Third and fourth floors.
(b) Stealth design is required for all cell towers.
(e) Neither parking lots nor areas immediately adjacent to a building shall be used for storage or sale of goods.
(f) Storage of shopping carts is allowed without a permit.
(g) Displaying or sale of goods outside the interior permanent and sheltered portions of a building is prohibited.
Exceptions: seasonal holiday trees, pumpkins, and open air fairs provided an administrative permit is
obtained, pursuant to section 64-1608.
(h) Vending machines, paper stands, and other similar devices must be located interior to the building structure.
RZ10-02 — Text Amendment to delete or amend the Zoning Ordinance to be consistent with the City of Milton
NNW Telecommunications Ordinance
City Council Meeting—August 2, 2010 (First Presentation)
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