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Milton council approves 5–1 emergency moratorium on small-lot subdivisions in AG1 zone

January 09, 2026 | Milton, Fulton County, Georgia


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Milton council approves 5–1 emergency moratorium on small-lot subdivisions in AG1 zone
City Attorney Ken Gerard told the Milton City Council on Jan. 9 that the ordinance would temporarily stop acceptance of new minor-subdivision applications in the city’s AG1 zoning district that would create lots smaller than three acres. Gerard said the moratorium is a standard land‑use tool to allow the city to study code changes and to avoid a wave of applications that could vest under the existing rules while the council considers revisions.

“The idea is that moratoriums of this kind should be reasonable,” Gerard said, arguing the pause would give staff time to draft code amendments and follow the zoning‑procedures‑law public‑hearing process. Gerard told the council the initial moratorium would run until Feb. 7, 2026, and that staff would publish and hold a ZPL‑compliant public hearing, anticipated for the Feb. 2 council meeting, before proposing any extension.

An unidentified staff member told the council staff would conduct a deeper review during the 30‑day period, identify issues that may require code changes and prepare materials for the February meeting. “We are going to evaluate what the issue may be,” the staff member said, and staff expects to present findings to the council as soon as the Feb. 2 meeting.

Council members pressed staff on potential impacts. One member said their “big concern is just protecting people’s property rights,” and asked how many parcels would be affected; staff said an exact count was not available and would be part of the forthcoming review. Gerard emphasized that applications already vested or otherwise exempt under state vesting rules would not be affected by the moratorium.

Council member Grama moved to adopt agenda item 26‑030, and Council member Jan Jacobus seconded. The council voted 5–1 to approve the resolution; one council member recorded opposition and Council member Carol Kirkley was absent. The resolution directs staff to hold the required public hearing and return to council with recommended code changes and any proposal to extend the moratorium.

The meeting adjourned after the vote.

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