It is the purpose of this chapter to promote the public health, safety and welfare of the citizens of the city and visitors thereto. To these ends, this chapter is intended to achieve, and is enacted for, the following purposes:

(1)

To guide and regulate the orderly growth, development, redevelopment and preservation of the city in accordance with a well-considered comprehensive plan and with long-term objectives, principles and standards deemed beneficial to the interest and welfare of the people.

(2)

To protect the established character and the social and economic well-being of both private and public property.

(3)

To promote, in the public interest, the wise utilization of land.

(4)

To provide for adequate light, air, convenience of access, and safety from fire, flood and other dangers.

(5)

To reduce or prevent congestion in the public streets.

(6)

To facilitate the creation of a convenient, attractive and harmonious community.

(7)

To encourage an aesthetically attractive environment, both built and natural, and to provide for regulations that protect and enhance these aesthetic considerations.

(8)

To expedite the provision of adequate police and fire protection, safety from crime, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements.

(9)

To protect against destruction of, or encroachment upon, historic areas.

(10)

To protect against overcrowding of land, overcrowding of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation, and loss of life, health or property from fire, flood, or other danger.

(11)

To encourage economic development activities that provide desirable employment and enlarge the tax base.

(12)

To promote the preservation of the unique natural and physical resources of the city including forested areas, riverbeds, streambeds, and archaeological sites.

(13)

To achieve compliance with all applicable state and federal regulations.

(14)

To provide for protection of the constitutional rights and obligations of all citizens within the city.

(Min. of 11-10-2016)

In interpreting this chapter, the word "lot" includes the words "plot" and "parcel". The words "used" and "occupied," when applied to any land or building, include the words "intended, arranged or designed to be used or occupied".

(Min. of 11-10-2016, § 3.1)

Except as specifically defined herein, all words used in this chapter shall carry their customary meaning as defined by a standard dictionary. See section 47-239 for additional definitions relating to signs. See section 47-270 for additional definitions relating to telecommunications towers. See chapter 6, article II for additional definitions related to adult entertainment establishments.

Accessory structure means a structure located on the same lot as the principal use, which is clearly incidental and secondary to the permitted use and which does not change the character of such use, including, but not limited to, private garages, bathhouses, greenhouses, tool sheds, storage buildings, or similar.

Adult entertainment establishment means an establishment subject to the regulations of chapter 6.

Alley means a minor way, public or private, used for service access to the back or side of properties otherwise abutting a street.

Alternative nicotine products means any noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means. The term alternative nicotine product shall not include any tobacco product, vapor product, or any product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act.

Apartment means a multifamily residential use of five or more attached dwelling units for which rent is paid and no fee title is conveyed.

Assembly plant means a facility that performs the fitting together, or assembling of pre-manufactured parts into a complete article, sub-assembly, or product. A "heavy assembly plant" assembles products that exceed 200 pounds per unit (e.g., cars, motorcycles, etc.) or does not have a completely enclosed production line. These definitions shall not apply if a more specific use, term or definition is contained in this chapter.

Block means a piece or parcel of land entirely surrounded by public highways or streets, other than alleys.

Boardinghouse/roominghouse means a dwelling in which lodgers, for a fee, rent a portion thereof and the right to stay for one or more nights, and where meals and some services, such as laundry and cleaning, may be provided.

Building means any structure intended for shelter, housing, or enclosure of persons, animals, chattels or property, and usually having a roof supported by columns or by walls.

Building, accessory, means a detached structure designed for the use of which is clearly incidental to and subordinate to the principal structure or use of the land, and which is located on the same lot as the principal structure or use.

Building, principal, means a building in which is conducted the main use of the lot on which said building is located.

Casino means a facility for legal gambling authorized under state law, but does not include the sale of lottery tickets without other forms of legal gambling or betting.

Commercial orcommercial operations means an activity undertaken for profit, income, or other business purposes, including sales or manufacture of goods or items, including sale of animals, and including boarding and breeding of animals, and similar activities.

Commercial vehicle means a duly licensed and registered vehicle used to transport passengers or property to further a commercial enterprise. A commercial vehicle must not be used as an office nor have customer entry for a retail transaction. For purposes of this chapter, the following are also commercial vehicles:

(1)

Vehicles of more than 10,000 pounds gross vehicle weight;

(2)

Vehicles with a manufacturer's rated load capacity of more than three-quarters of a ton;

(3)

Vehicles registered as commercial vehicles, common carriers, motor common carriers, or classified as "for hire" by the state, other states, or the ICC; or

(4)

A freight trailer, semi-trailer, flatbed, tanker trailer, log trailer or other commercial trailer exceeding 12 feet in length.

A recreational vehicle, farm machine or farm vehicle for agricultural uses is not a commercial vehicle.

Community development director means the community development director of the city, or a duly authorized representative.

Conditional zoning means the imposition of conditions in the grant of a rezoning application which are in addition to or different from the regulations set forth in this chapter and which are related to the promotion of the public health, safety, morals or general welfare and designed to minimize the negative impact on surrounding lands. Such conditions may include, but are not limited to, restrictions on land use, height, setbacks and other non-use requirements, physical improvements to the property, and infrastructure serving the property.

Condominium means individual ownership units in a multifamily structure, combined with joint ownership of common areas of the building and grounds, or otherwise meeting the definition of condominium in the Georgia Condominium Act, title 44, chapter 3, article 3.

Conventional single-family housing (site-built home) means a dwelling unit constructed on the site from materials delivered to the site, constructed in accordance with the applicable standard building codes.

Developer means the owner of, or person responsible for, a development.

Development or to develop means subdividing a tract of land into three or more lots whether for sale or rental, whether for commercial, industrial, office or residential purposes, or some combination thereof. It shall also include redevelopment of existing development. It shall also include the construction of any commercial, industrial, multifamily or office building or structure, even if on a single lot, and shall include the construction of a manufactured house park. In order that the purposes of this chapter shall not be evaded by piecemeal development or subdivision, subdividing a tract of land existing on November 9, 2005, into two tracts shall not be a development, but any further split of either tract shall be a development.

Dwelling means a building or other structure designed, arranged, or used for temporary or permanent living quarters for one or more persons.

Dwelling unit means a building or portion thereof, providing complete living facilities for one family.

Easement means a grant by a property owner of the use of land for a specific purpose or purposes by the general public, a corporation, or a certain person or persons.

Enclosure means a structure with four sides and a roof designed to enclose and shelter animals, persons or objects.

Family means an individual or two or more persons related by blood, marriage, or adoption living together in a dwelling unit; or a group of not more than six persons who need not be related by blood, marriage, or adoption, living together in a dwelling unit. For purposes of this chapter, the term "family" may include five or fewer foster children placed in a family foster home licensed by the state, but shall not include fraternities, sororities, nursing homes, or rest homes.

Greenspace means property that has been conveyed to a land trust or the city for preservation in the governor's greenspace program.

Group home for persons with a disability means a residence in which three or more persons with a disability reside and which is licensed by the state department of human resources as a personal care home under title 31. See section 47-173 for further regulations.

Health department means the Bartow County Health Department, which reports to the Bartow County Board of Health.

Home occupation means any use customarily conducted within the principal dwelling and carried on solely by the occupant thereof. See section 47-92 for further regulations.

Hotel means a building or structure typically multi-story, providing multiple residential dwelling units for typically short-term rental (two weeks or less), with interior access to the units.

Industrialized housing means a factory fabricated dwelling built in one or more sections designed to fit together on a foundation but which usually does not originally have wheels for movement and which is constructed in accordance with the Georgia Industrialized Building Act (O.C.G.A. § 8-2-110) and which bears the seal of approval issued by the department of community affairs.

Industry, general, means the manufacture, assembly, repair, processing, testing or packaging of finished products, predominantly from previously prepared materials or from raw materials; includes processing, fabrication, incidental storage, and distribution of such products. In general, such uses shall occur entirely or almost entirely within an enclosed structure. Without restricting the generality of the foregoing, this would include, for example: assembly plants, feed processing plants, soft drink bottling and distribution plants, beer and liquor distribution plants, carpet manufacturing plants, and similar facilities. In cases of facilities not clearly falling into this definition, the community development director shall determine whether a facility is general industry or heavy industry.

Industry, heavy, means a large-scale industrial manufacturing or processing activity, including especially the manufacturing or processing of raw materials for other industry, businesses or uses. Without restricting the generality of the foregoing, this would include for example: plants for the manufacture of petroleum products, pulp and paper products, stone, clay, and glass products, cement and lime products, fertilizers, animal by-products; and plants which will be engaged in the primary metal industry, metal processing, or the processing of natural gas or its derivatives. This would also include plants and facilities involved in the production (or processing) of intrinsically dangerous materials or products such as explosives, acids, and the like. In cases of facilities not clearly falling into this definition, the community development director shall determine whether a facility is general industry or heavy industry.

Institutional-residential uses means uses that provide residential living space or dwelling units for persons in an institutional or group setting, whether for day care, 24-hour care or unassisted living, specifically defined as one of the following types: assisted-living facility, adult day care, child day care, homeless shelter, home for the aged, hospice, nursery school, nursing home, group home, protective housing facility, rehabilitation/treatment facility, residential treatment center, rest home, retirement home, and shelter care facility. See section 47-173 for further applicable regulations.

Junk yard (salvage yard; scrap yard) means any use involving the storage or disassembly of wrecked automobiles, trucks, or other vehicles; storage, baling or otherwise dealing in bones, animal hides, scrap metal, commercial/residential appliances, used paper, used cloth, used plumbing fixtures and used brick, wood, or other building materials. Such uses shall be considered junk yards whether or not all or part of such operations are conducted inside a building or in conjunction with, addition to, or accessory to, other uses of the premises. See section 47-176 for additional regulations.

Land disturbing activity means any activity which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land, but not including agricultural operations and forestry.

Land disturbance permit means a permit granted under the city soil erosion and sedimentation control ordinance that provides the authorization necessary to conduct a land disturbing activity under the provisions of that ordinance and this chapter.

Line, lot, means the boundary line of a lot.

Line, yard, means a line drawn parallel to a lot line at a distance therefrom equal to the depth of the required setback.

Lot means a developed or undeveloped tract of land having defined boundaries and legally transferable as a single unit of land; does not refer to public rights-of-way.

Lot of record means a lot described in a deed, survey or final subdivision plat recorded in the public records of the county clerk of the superior court that was in compliance with ordinances and regulations in existence at the time that the lot was created. Illegal lots that were created in violation of regulations existing at the time of creation are not lots of record.

Lot, depth of, means the mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.

Lot, width of, means the distance between side lot lines.

Low THC oil means an oil that contains an amount of cannabidiol and not more than five percent by weight of tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination of tetrahydrocannabinol and tetrahydrocannabinolic acid which does not contain plant material exhibiting the external morphological features of the plant of the genus Cannabis.

Manufactured home community means a development where multiple manufactured homes may be sited on a single lot to be used as separate dwellings. The manufactured homes may be owned by the owner of the community and leased to the residents or may be owned individually by the residents of the community.

Manufactured house (mobile home) means a detached, single-family dwelling unit designed for long-term occupancy and constructed in one or more units with wheels for movement (whether or not such wheels are later removed) and which has plumbing and electrical connections provided for attachment to outside systems, whether or not such unit is subsequently installed on a foundation or other internal or external changes are made.

Manufactured house, multi-unit, means a detached single-family dwelling unit constructed in two or more units with similar marriage walls with wheels for movement (whether or not such wheels are later removed) and which has plumbing and electrical connections provided for attachment to outside systems, whether or not such unit is subsequently installed on a foundation or other internal or external changes are made.

Manufactured house stand means that area of a manufactured house lot which has been reserved for the placement of a manufactured house.

Motel means a building or structure of typically one or two stories height providing multiple residential dwelling units typically for short-term rental (two weeks or less), with adjacent parking and external access to each unit.

Nonconforming use means a lawful use of or vested right to use any building, structure or land existing at the time of the adoption of the ordinance from which this chapter is derived or the adoption of any amendment thereto. See section 47-91 for further regulations.

Open space means an area that is not used for or occupied by a driveway, an off-street parking area, a loading space, a yard, a refuse storage space, or a building.

Ordinance means this chapter and all amendments thereto including the official zoning map of city.

Place of worship means a structure which is intended for conducting organized religious services for organizations with tax-exempt status, with no overnight facilities. Secondary uses such as child care, senior services, professional counseling, hospices, schools, rehabilitation services, or similar uses are not included in this definition. The term "place of worship" does not include organizations that violate federal, state, or city laws or codes.

Planned unit development (PUD) means a planned development on a minimum of 50 acres with a minimum lot size of 7,500 square feet and without regard to the segregation of housing types or uses and which may include multiple uses within the same tract. See section 47-132 for further regulations.

Plat means a map, plan or layout of a county, city, town, lot, section, subdivision or development indicating the location and boundaries of properties.

Principal use means the specific, primary purpose for which land or a building is used.

Recreational vehicle means a camper, camp trailer, travel trailer, house car, motor home, trailer bus, trailer coach or similar vehicle, with or without motive power, designed for human habitation for recreational or emergency occupancy. Where a recreational vehicle is on or attached to a trailer used to carry or tow said vehicle, they shall together be considered one recreational vehicle. The term "recreational vehicle" shall not include a pickup truck used for transportation to which a camper shell has been attached. See article IV of this chapter for further regulations.

Redevelopment means the process of developing property that has previously been developed. See Development.

Retail business means a business consisting primarily of buying merchandise or articles in gross and selling to general consumers in small quantities or broken lots or parcels and not in bulk and not for resale.

Right-of-way line (also r/w) means the dividing line between a lot, tract or parcel of land and a contiguous right-of-way.

Self-storage facility means a commercial operation where outdoor or enclosed individual storage spaces are rented to the public. This definition includes mini-warehouses and boat and recreational vehicle storage, but excludes wholesale facilities or distribution facilities.

Setback means the open space between the lot line and the yard line, which shall be unobstructed by any structure other than as expressly permitted in this chapter. See section 47-61. Where a distinction is made between an external setback and an internal setback, the term "external setback" refers to the setback from external boundary lines and rights-of-way, and the term "internal setback" refers to spacing between multiple buildings on one larger lot (e.g., apartment buildings or townhomes).

Sign means any display of words, shapes or images designed to convey a message to the viewer, located on the exterior of any dwelling, building or structure, or located anywhere on a lot upon a dedicated supporting structure or device, including poles, banners, windows and similar devices. See article IX of this chapter for further sign regulations and definitions.

Special use means a use not ordinarily permitted but which may be permitted upon the imposition of conditions related to the promotion of the public health, safety, morals or general welfare and designed to minimize the negative impact on surrounding lands. Such conditions may include, but are not limited to, restrictions on land use; height, setback and other non-use requirements; physical improvements to the property and infrastructure serving the property. A special use must be approved in the same manner as a rezoning request prior to the issuance of a permit. See article XIV of this chapter.

Street means a way for vehicular traffic, whether designated as an avenue, road, boulevard, highway, expressway, lane, alley or other way.

Structure means anything constructed or erected, the use of which requires location on the ground, or attachment to something having location on the ground.

Subdivide means dividing a tract of land into three or more lots.

Subdivision means a tract of land divided into three or more lots.

Swimming pool means any structure intended for swimming or recreational bathing that contains water over 24 inches deep. This includes in ground, above ground, and on ground swimming pools, but the term "swimming pool" does not include inflatable temporary pools. See section 47-102 and the city building code ordinance for additional regulations.

Tobacco products means any cigars, little cigars, granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff or snuff powder; cavendish; plug and twist tobacco; fine-cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such a manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking. The term tobacco product shall not include any alternative nicotine product, vapor product, or product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act.

Tobacco related objects means any papers, wrappers, or other products, devices, or substances, including cigar wraps, which are used for the purpose of making cigarettes or tobacco products in any form whatsoever.

Townhouse means a multifamily residential use consisting of three or more attached dwelling units for which fee simple title is conveyed and for which an incorporated mandatory homeowners' association is provided.

Travel trailer/camper. See Recreational vehicle.

Vapor product means any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form. The term vapor product shall include any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. The term vapor product shall not include any product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act.

Vapor shop means a retail business substantially engaged in the retail sale of low THC oil, tobacco products, tobacco related objects, alternative nicotine products, vapor products, cannabidiol (CBD) or products containing CBD ("the subject products"). For the purposes of this definition, substantially-engaged means one or more of the following conditions are met:

(1)

Ten percent or more of the retail stock in trade consists of the subject products, as measured by the number of individual items available for purchase at any given time;

(2)

Ten percent or more of the value of gross sales receipts for any day that the entity is open is derived from the sale of subject products;

(3)

The subject products make up ten percent or more of the retail value of the retail stock in trade; or

(4)

Ten percent or more of the establishment's floor area is devoted to the marketing of the subject products.

Wholesale business means a business primarily engaged in the selling of goods or articles in gross to retailers or jobbers for resale and not to the ultimate consumer.

Yard means an open space on the same lot with a principal building open, unoccupied, and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted.

Yard, front, means an open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the street and the front line of the building projected to the side lines of the lot.

Yard, rear, means an open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to side lines of the lot.

Yard, side, means an open, unoccupied space on the same lot with a principal building, situated between the building and the side lot line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line.

Zoning map means the official zoning map of Adairsville, Georgia. See section 47-26.

(Min. of 11-10-2016, § 3.2; Ord. No. 2019-0009, § 5, 11-14-2019; Ord. No. 2021-0004, § 2A, 7-15-2021)