Milton City Zoning Code

A.

Title

This document is "The Unified Development Code for the City of Milton, Georgia," and is referred to or cited throughout the document as "this UDC."

B.

Purposes

This UDC is entered as part of a comprehensive plan designed for the purposes, among others, of:

1.

Lessening congestion on the roads and streets.

2.

Securing safety from fire, flood, and other dangers.

3.

Providing adequate light and air as it relates to height, density, and massing.

4.

Promoting the health and general welfare.

5.

Encouraging such distribution of population and such classification of land uses and utilization as will facilitate economic and adequate provisions for transportation, communications, roads, airports, water supply, drainage, sanitation, education, recreation, and other public requirements.

C.

Considerations

The regulations in this UDC are made with reasonable consideration, among others:

1.

To the character of the districts and their suitability for specific uses.

2.

With a general view of promoting:

a.

Desirable living conditions.

b.

Protection of property against blight and depreciation.

c.

Encouragement of the most appropriate use of land throughout the City of Milton.

A.

Territorial Application

This UDC applies to all land, uses, buildings, and structures within the corporate boundaries of the City of Milton, Georgia.

B.

General Application

In their interpretation and application, the provisions of this UDC are the minimum requirements for the promotion and protection of the public health, safety, and welfare.

C.

Required Conformance

All buildings, structures, land, or open space, in whole or in part, must be used or occupied in conformance with this UDC. No buildings or structures, in whole or in part, may be erected, constructed, reconstructed, moved, or structurally altered unless in conformance with this UDC.

D.

Permits in Effect

Nothing in this UDC will require any change in the plans, construction, size, or designated use of any land, building, structure, or part thereof for which a building permit or land disturbance permit was issued before the effective date of this UDC or any amendments to it, and remains in effect.

E.

Control Over Less Restrictive Private Agreements

This UDC does not nullify any private agreement or covenant. However, when this UDC is more restrictive than a private agreement or covenant, this UDC controls. The City will not enforce any private agreement or covenant.

F.

Control Over Less Restrictive Laws and Regulations

If any condition or requirement imposed by this UDC is more restrictive than a condition or requirement imposed by any other law, rule or regulation of any kind, the more restrictive condition or requirement governs.

G.

Conflict

If any condition or requirement imposed by this UDC contains an actual, implied or apparent conflict, the more restrictive condition or requirement controls, except when specifically otherwise stated.

H.

References to Other Laws

When this UDC refers to any other part of the Milton City Code or to any other law, the reference applies to any subsequent amendment of that law.

I.

References to Manuals and Codes

When this UDC refers to State manuals or codes, the reference applies to the latest edition that has been adopted by the State of Georgia.

J.

Compliance with Other Laws

Compliance with this UDC does not substitute for compliance with federal and state laws nor for other City ordinances and resolutions.

K.

Text and Graphics

Illustrations, photographs, and graphics are included in this UDC to illustrate the intent and requirement of the text. If there is a conflict between the text of this UDC and any illustrations, photographs, or graphics, the text governs.

A.

This Chapter consists of a unified development ordinance, crafted as a series of articles.

B.

Zoning Ordinance

Article 1 through Article 9 and Article 12, as well as those definitions set forth in Article 13 that constitute, by reference, text of these articles, are all intended to constitute a zoning ordinance within the meaning of O.C.G.A. § 36-66-1, et seq. Changes to the text of these articles, as well as Official Zoning Map amendments and other zoning actions addressed in those Articles, require compliance with the public notice and hearing procedures provided in Article 12 Administration, and in said state statute.

C.

Other Ordinances

The remaining articles are not intended to constitute a zoning ordinance and may be amended using the City's general procedures for ordinance amendments.

D.

Severability

If any article, section, subsection, paragraph, subparagraph, sentence, clause, or other provision of this UDC is declared by a court of competent jurisdiction to be invalid, such action does not affect the validity of the UDC as a whole. The effect of the action is confined to the article, section, subsection, paragraph, subparagraph, sentence, clause, or other provision immediately involved in the controversy in which the action was rendered.

E.

Effective Date

The effective date of this UDC shall be April 8, 2024.

This UDC includes a variety of regulations that apply to uses and structures allowed in more than one use district or to uses and structures allowed in all use districts except when specifically excluded by provisions contained elsewhere in this UDC.

Zoning-related legal proceedings or appeals to boards designated within this UDC will stay deadlines and expiration dates designated in this UDC, unless specifically otherwise indicated. Appeal standards are specified in Article 12.

The official text of this UDC must be kept on file by the City Clerk. The City Clerk must provide all City departments with copies of amendments as required by the City Charter, Article III of the City Code, and must provide a subscription and update service for the public.

A.

The adoption of an Official Zoning Map as part of the initial adoption of this UDC does not repeal the conditions of use, operation, or site development accompanying zoning approvals, administrative permits, warrants, use permit, variances, or other permits issued under previous ordinances or resolutions. All such prior approvals will continue to apply except as provided for in paragraph B below.

B.

Modification or repeal of past conditions of approval identified in paragraph A above must only be accomplished as authorized and provided by this UDC.

C.

All zoning approvals, administrative permits, warrants, use permit, variances, or other permits heretofore legally granted by City staff, the Design Review Board, the Board of Zoning Appeals, the Planning Commission, or the City Council will remain in full force and effect.

The City of Milton is divided into the following zoning districts to carry out the intent and purpose of this UDC:

A.

Each zoning district also includes a designation known as "conditional" for that district, which applies when the City Council imposes conditions on a property.

B.

The City Council may impose conditions on a property in accordance with Article 12.

A.

The boundaries of zoning districts are shown and established on the Official Zoning Map.

B.

The Official Zoning Map and all information contained on it are part of this UDC and have the same force and effect as if fully set forth and described herein. The Official Zoning Map is properly attested and is on file with the City Clerk of the City of Milton, Georgia.

C.

The Official Zoning Map may be kept electronically in a geographic information system. Any copy of the Official Zoning Map published on the internet or otherwise portrayed electronically does not constitute the original Official Zoning Map.

Where uncertainty exists with respect to the boundaries of any zoning district on the Official Zoning Map, the boundaries are interpreted using the following methods:

A.

Where a district boundary line is shown as approximately following a street, or an extension of a street, the district boundary will be the edge of the right-of-way of said street. The right-of-way will not be zoned.

B.

Where more than one district applies to a property, and the district boundary line is shown as running approximately parallel at a distance from a street, the distance from the right-of-way will be determined using the map scale.

C.

Where a district boundary line is shown approximately following a lot line, the district boundary will be the lot line.

D.

When a street, alley, or other public way is abandoned by the City or State, the zoning district adjoining such street, alley, or public way will automatically extend to the center of such public way.

When a lot is zoned for more than one single-family dwelling district or zoned a single-family district and an agricultural district, the district which comprises the largest area will control the development standards for that lot.

All unincorporated territory that may be annexed to the City or which may be unincorporated from a municipality within Fulton County will be classified in the R-1, single-family dwelling district until, as applicable, the territory may be more appropriately zoned by the City Council based upon a staff recommendation with consideration given to the suggestion of the Comprehensive Plan land use map or zonings of adjacent properties in the City.