The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory use means a use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.

Adult day care means a community-based program which provides nonmedical care, consisting primarily of social and recreational activities for persons aged 60 and over where such persons are in need of limited personal care assistance, supervision, or assistance essential for sustaining the activities of normal daily living, or for the protection of such persons on less than a 24-hour basis. If necessary, such program and facility shall be appropriately licensed by the state.

Adult family day care center means adult day care business located in a private residence operated by the owner or a lessee of such private residence who receives consideration in return for the supervision and care of adults for a period of time of less than 24 hours per day for not more than six adults. If necessary, such day care shall be appropriately licensed by the state.

Adult group day care center means adult day care business located in a facility other than a private residence that provides supervision and care for consideration paid to the facility for a time period of less than 24 hours per day, for seven or more adults. If necessary, such day care center shall be appropriately licensed by the state.

Advertising signs means any freestanding or partly or wholly attached structure displayed for the purpose of conveying some information, knowledge, or idea to the public.

Alteration of building means any change in the supporting members of a building, such as bearing walls, beams, columns, girders, except such change as may be required for its safety; any addition to a building; any change in use from that of one district classification to another; or of a building from one location to another.

Aquaculture is the farming of aquatic organisms such as fish, crustaceans, mollusks, and aquatic plants.

Boardinghouse means a dwelling with lodging for three or more persons where meals are regularly prepared and served to the residents thereof for compensation, and where food is placed upon a table family style, without service or ordering of individual portions from a menu. The owner of the residential structure is required to live in the structure as his personal residence in order for the residential structure to be classified as a boardinghouse.

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

Building, accessory, means a building subordinate or supplemental to the main building on a lot and used for purposes customarily incidental to that of a main or principal building and located on the same lot therewith.

Building, nonresidential accessory, means a subordinate structure detached from but located on the same lot as the principal use or structure, the use of such subordinate structure being for storage, supplies, or other approved uses. Accessory buildings shall be constructed in accord with requirements of the city building code, provided that no mobile home or mobile office, whether or not placed upon a permanent foundation, nor any truck or trailer bodies may be used as an accessory building. Accessory buildings shall meet and comply with all existing building setback requirements of this Code. Buildings should be constructed of material similar to the principal structure or compatible with surrounding architecture, and which would not be obtrusive to the area, adjoining property owners, or from any street.

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

Carwash means an area of land and/or a structure with machine or hand-operated facilities used principally for the cleaning, washing, polishing, or waxing of motor vehicles.

Centerline of street means that the line surveyed and monumented by the city council shall be the centerline of the street, or if such a centerline has not been surveyed, it shall be that line running midway between the outside curbs or ditches of such street.

Child or children means any person under 18 years of age for whom day care service is provided in a home. For the purpose of these rules, the term shall not include children that are related to the registrant or children whose parents or guardians reside in the same residence, or children for whom no pay, either in cash or in kind, is received.

Child day care center means a licensed child care business that provides supervision and care for more than four hours per day, but fewer than 24 hours per day for 19 or more children.

Child family day care center means a private residence operated by any person who receives therein for pay for supervision and care for more than four hours per day, but fewer than 24 hours per day, without transfer of legal custody, three but not more than six, children under 18 years of age who are not related to such persons and whose parents or guardians are not residents in the same private residence.

Child group day care center means a licensed private residence or a separate facility operated by any person who receives therein pay for supervision and care for more than four hours per day, but fewer than 24 hours per day, without transfer of legal custody, seven, but not more than 18 children under 18 years of age who are not related to such persons and whose parents or guardians are not residents in the same private residence.

Condominium means an estate in real property consisting of an undivided interest in common elements with other owners of a portion of a parcel of real property, together with a separate interest in space in a residential building. A condominium may include, in addition, a separate interest in other portions of such real property. For the purpose of this Code, a condominium shall be further defined as provided in O.C.G.A. § 44-3-71, as amended.

Condominium dwelling means an individually owned dwelling unit in an attached, detached, or multifamily structure, combined with joint ownership of common area of the buildings and grounds.

Congregate housing means a single detached residential facility for four or more elderly persons within which are provided living and sleeping facilities, meal preparation, laundry services and room cleaning. Such facilities may also provide other services, including, but not limited to, transportation to routine social and medical appointments, and counseling. Such housing shall not include housing for persons needing medical treatment or institutional longterm or shortterm care. For the purposes of this chapter, the term "elderly person" means a person over 62 years of age.

Customary home occupation means a gainful occupation or profession for gain or support conducted only by members of a family residing on the premises (except that such family may employ not more than two nonfamily members to work in the business), conducted entirely within the principal building or in a rear building accessory thereto, and requiring only customary home equipment, provided that not more than 30 percent of the floor area of the principal building is used for such purpose and the total combined floor area of any building used for such purpose on the property does not exceed 500 square feet. A customary home occupation shall not be permitted where, as a result of the activity or activities arising out of the customary home occupation, a change is made or required to be made in the outside appearance of the dwelling or any other building located upon said property; where any outside activity visible from the street in connection with such occupation is permitted or required; where traffic, parking, sewage, or water use in excess of what is normal in the neighborhood is or may be generated; where any noise, vibration, glare, fumes, odor, electrical interference, or nuisances as defined under this Code is or may be created; or where engaging in the occupation results in or is likely to result in the storage of anything related to the business outside the principal dwelling or any other building located on the property.

Any customary home occupation in existence as of June 20, 1988, shall continue to be authorized until such time as such customary home occupation ceases, but any new customary home occupation, whether upon property presently having a customary home occupation or not having a customary home occupation, shall be subject to the provisions of the article from which this section derives.

Dwelling unit means a dwelling or portion thereof providing complete living facilities for one complete housekeeping unit.

Dwelling, multifamily, means a building or portion thereof used for occupancy by four or more families living independently of each other and containing four or more dwelling units.

Dwelling, single-family, attached, multifamily, duplex, triplex, condominium or townhouse means one of two or more residential buildings having a common or party wall separating dwelling units.

Dwelling, single-family, detached, means a structure containing not more than one dwelling unit designed for residential use that meets or exceeds the following standards:

(1)

The house must be attached to a permanent foundation that is approved by the city's building official. A complete perimeter enclosure is required that will match or coordinate with other conventional foundations in the neighborhood and conform to the city's building code.

(2)

The roof shall have a pitch equal to or greater than the average pitch on the roofs of all single-family dwellings within a 500-foot radius, and in no case shall the roof have a pitch of less than a ratio of 4:12, that is four feet of rise for every 12 feet of horizontal run. All roofs shall have a surface of wood shakes, asphalt composition, wood shingles, concrete, fiberglass or metal tiles, slate, or other material approved by the city's building official.

(3)

The exterior siding material shall consist of wood, masonry, concrete, stucco, masonite, metal or vinyl, vinyl-covered, or other materials of like appearance with surrounding dwellings.

(4)

The dwelling unit must have an overhang or soffit equal to or greater than the average overhang or soffit on single-family dwellings within a 500-foot radius, and in no case shall the overhang or soffit be less than 12 inches to ensure adequate ventilation.

(5)

At each exit door, there must be a permanent porch or landing that extends outward from the structure a minimum of 48 inches by 48 inches.

(6)

The dwelling must contain the minimum square footage as required by the regulation of the zone in which it is located. (See section 94-193(1).)

(7)

The board may approve variances from one or more of the developmental or architectural standards provided herein on the basis of a finding that materials to be utilized or the architectural style proposed for the dwelling will be compatible and harmonious with the structures in the vicinity.

Dwelling, two-family, means a building designed or remodeled for use as two-dwelling units.

Efficiency or efficiency unit means a dwelling unit consisting of only one room, exclusive of bathroom, kitchen, hallway, closets or dining alcove directly off the principal room, provided the total floorspace of any efficiency unit shall not be less than 450 square feet of heated floor area.

Emergency shelter means a facility which provides shortterm residential care, not exceeding a total of 90 days in duration for persons in need of immediate assistance or relief due to physical, mental, or emotional difficulties, but such term shall not include alcohol or drug treatment centers, work release facilities for prisoners or former prisoners, detention centers, halfway houses, or other similar housing facilities which serve as an alternative to incarceration. Where required by state law, an emergency shelter shall be properly licensed by the state before such home can be located in any zoning district in which it is otherwise authorized to locate. This does not include a temporary weather-related emergency shelter operated by a federal, state, or local government agency, the Red Cross, or the Salvation Army.

Event center. "Event center" as the same is defined and regulated under section 14-401 of the city Code.

Family means one or more persons living together, whether related to each other by birth or not, and occupying a dwelling unit as a single, nonprofit, housekeeping unit as distinguished from a group occupying a hotel, motel, group home for the handicapped, congregate housing, club, boardinghouse, roominghouse, fraternity or sorority house.

Family personal care home means a home for adults or children under the age of 18 years, whether or not related by blood or marriage, in a family-type residence, noninstitutional in character, which offers care to two through six persons who are either permanently or temporarily unable to provide one or more of his life functions for himself due to physical, mental, or emotional difficulties. Where required by state law, such home shall be properly licensed by the state before such home can be located in any zoning district in which it is otherwise authorized to locate.

Flea market means a building or open area in which stalls or sales areas are set aside as a consequence of rental agreements or otherwise, which are intended for use by various unrelated individuals for the purpose of selling articles that are either homemade, homegrown, handcrafted, old, obsolete, or antique, and may include the selling of such goods at retail prices by businesses or individuals who are usually and customarily engaged in retail trade. The term "flea market" shall not be deemed to include informal garage sales or yard sales.

Garden apartment dwelling means a multifamily dwelling, one or two stories in height, with one dwelling unit per story, a private entrance for each dwelling unit, and where the area immediately surrounding the dwelling is landscaped and may contain recreation facilities for the private use of dwelling occupants.

Group development project means two or more principal buildings devoted to a common or similar use constructed on a lot in one ownership and which are made a part of an integrated industrial, commercial, or dwelling unit project; provided, however, that such projects shall not include any use which is prohibited in the district in which such project is to be located.

Group homes for the handicapped means a single detached dwelling shared by four or more handicapped persons, in addition to resident staff, who live together as a single housekeeping unit in a longterm, family-like environment in which staff persons provide care, education and participation in community activities for the residents with the primary goal of enabling the residents to live as independently as possible in order to reach their maximum potential. For the purposes of this chapter, the term "handicapped person" shall mean a person with a physical or mental impairment that substantially limits one or more of the major life activities of such individual.

Group personal care home means a home for adults or children under the age of 18 years, whether or not related by blood or marriage, in a residence or other type of building which offers care to seven or more persons who are either permanently or temporarily unable to provide one or more of his life functions for himself due to physical, mental, or emotional difficulties. Where required by state law, such home shall be properly licensed by the state before such home can be located in any zoning district in which it is otherwise authorized to locate.

Incidental or accessory sign means a professional or announcement sign not more than one square foot in area.

Indoor recreational facilities means any establishment providing completely enclosed recreation activities. Accessory uses shall be permitted to include the preparation and serving of food and/or the sale of equipment related to the enclosed uses. Included in this definition shall be bowling, roller skating or ice skating, billiards, pool, theaters, and related amusement uses.

Industrialized or modular home means a home that is a factory fabricated transportable building consisting of units designed to be incorporated at a building site on a permanent foundation into a permanent structure to be used for residential purposes, and which bears a seal of compliance with regulations of either the Southern Building Code Congress International or the Georgia Industrialized Building Act.

Junkyard means a yard, lot, structure, place or land or any part thereof used primarily for the purchasing, collecting, storing, dismantling, salvaging, processing, or selling or offering for sale, either in whole or in part, machinery or vehicles not in running condition.

Kennel means the housing of four or more dogs, cats, or other domestic animals for the purpose of providing an income or revenue.

Lot of record means a lot or parcel of land, the existence, location and dimensions of which have been legally recorded or registered in a deed or plat.

Lot, plot and parcel mean a portion of land devoted to a common use or occupied by a building or group of buildings devoted to a common use, together with the customary accessories and open spaces belonging to the same.

Lot width means the horizontal distance between the side lot lines measured at right angles to the depth at the setback line.

Manufactured home means a structure, transportable in one or more sections, which when erected on site, and which is built on a permanent chassis and designed to be used as a dwelling with permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. This type of dwelling is fabricated in an off-site facility for installation or assembly at the building site, bearing a label certifying that it is constructed in compliance with the Federal Manufactured Home and Standards Act 42 USC 5401-5445, and which was manufactured on or after June 15, 1976.

Mobile home means a dwelling manufactured prior to June 15, 1976, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation.

Motor vehicle repair means a vehicle paint and bodywork, frame straightening and similar vehicle repair.

Multifamily dwelling means a building designed, constructed, altered, or used for three or more adjoining dwelling units, with each dwelling unit having a party wall or walls and/or a party floor/ceiling connecting it with at least one other dwelling unit located on one lot of land.

Nonconforming use means a building, structure or use of land existing on December 17, 1959, and which does not conform to the regulations of the district in which it is located.

Nonfamily adult means a resident 18 years of age or older who is not related by blood within the third degree of consanguinity or by marriage to the owner or manager of the personal care home.

Nursery school, playschool, or kindergarten means a school for children two years of age through six years of age which operates for no more than four consecutive hours per day, and which may or may not have an established curriculum.

Outdoor recreational facilities means businesses which offer as their primary commercial business outdoor recreational activities including, but not limited to, miniature golf, batting cages, golf driving ranges, and similar outdoor amusements. Accessory uses shall be permitted within a building or buildings to be located upon the outdoor recreational facility property, including restrooms, equipment storage, and the preparation and serving of food and/or the sale of equipment related to the outdoor uses. Outdoor recreation uses which may cause excessive noise, as determined by the city council, must be located not less than 500 feet from any residential zone. In the event that an outdoor recreational facility is to be located adjacent to any residential zoning district, then a buffer as described in section 94-194 shall be required. Nothing herein shall be deemed to prevent or restrict outdoor recreational activities sponsored by a school, a church, a recreation authority, or other governmental or quasi-governmental entity that offers such recreational activities as part of its program.

Pawnshop means a business being owned and operated by a pawnbroker, with said business normally taking in personal property deposited as security for loans.

Personal care home means any dwelling, whether operated for profit or not for profit, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service, and one or more personal services for two or more adults or children under the age of 18 years, whether or not such persons are related by blood or marriage. For the purpose of this Code, personal care homes shall be classified as a family personal care home or a group personal care home. No personal care home shall provide services to or allow any person to reside therein where such person would constitute a threat to the health and safety of other individuals. The term "personal care home" shall not include alcohol or drug treatment centers, work release facilities for prisoners or former prisoners, detention centers, halfway houses, or other similar housing facilities which serve as an alternative to incarceration. Where required by state law, a personal care home shall be properly licensed by the state before such home can be located in any zoning district in which it is otherwise authorized to locate.

Personal services means and includes, but is not limited to, individual assistance with or supervision of self-administered medication, assistance with ambulation and transfers, and essential activities of daily living such as eating, bathing, grooming, dressing and toileting.

Pest control means a commercial venture engaging in the business of applying any attractant, fumigant, fungicide, insecticide, rodenticide and repellant to the property of another, the purpose of which is to control insects and vermin.

Resident means any nonfamily adult receiving personal assistance and/or residing in a personal care home.

Roominghouse means a residential structure which is only available for personal occupancy where the residents are provided lodging without meals, and where no provisions are made for cooking or meal preparation for the residents either as a group or individually in any of the rooms of the house, including any of the rooms occupied by paying guests. The owner of the residential structure is required to live in the structure as his personal residence in order for the residential structure to be classified as a roominghouse.

Self-service storage facility means a building or group of buildings that contains varying sizes of individual, compartmentalized and controlled access stalls or lockers for the storage of business and household goods or contractors' supplies.

Setback means the distance from the right-of-way line of the street to the nearest point of a building.

Setback line means a line illustrating the setback distance.

Shopping center means a commercial area apart from the central business district consisting of one or more businesses in one or more buildings in any linear or other arrangement and providing not less than 75 off-street parking areas.

Street means a public way for vehicular traffic that affords a primary means of access to abutting property.

Strip shopping center means a commercial area apart from the central business district consisting of two or more businesses in one or more buildings in any linear or other arrangement and providing at least 25 off-street parking spaces.

Structure means anything constructed or erected, the use of which requires more or less permanent location on the ground, or which is attached to something having more or less permanent location on the ground.

Townhouse means one of a group of two or more attached single-family residences where the owner owns a fee simple interest in the residence and in the underlying realty that constitutes the approved lot. Each townhouse unit shall be separated from the adjoining unit or units by an approved firewall or walls. Firewalls shall be located on the lot line. Each townhouse shall have a front and rear ground level entrance. The townhouse shall be located on its own approved, recorded lot, but setback lines as to interior lot lines shall not be applicable to townhouses.

Townhouse dwelling means one of a series of three or more attached dwelling units on separate lots that are separated from each other by firewalls extending at least from the lowest floor level to the roof.

Trailer camp means any lot on which are parked two or more trailers, or one or more trailers for a longer period of time than 48 hours.

Truck terminal means land and buildings used as a relay station for the transfer of a load from one vehicle to another or one party to another. The terminal cannot be used for permanent or longterm accessory storage for principal land uses at other locations. The terminal facility may include storage areas for trucks and buildings or areas for the repair of trucks associated with the terminal.

Used or occupied, as applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied."

Yard means an unoccupied space except possibly by an accessory building, open to the sky, on the same lot with a principal building.

Yard, front, means a yard measured at right angles from the front lot line to the nearest point of the principal building, exclusive of steps, and extending the full width of the lot.

Yard, rear, means a yard measured at right angles from a rear lot line to the nearest point of the principal building, exclusive of steps, and extending the full width of the lot.

Yard, side, means a yard measured at right angles from a side lot line to the nearest point of the principal building, exclusive of steps, and extending from the front yard to the rear yard.

Zero-lot-line dwelling means one attached, one-family dwelling constructed against one or two lot lines rather than in the middle of the lot. Setbacks other than common wall areas shall be complied with in connection with such dwelling, including minimum lot area and width per dwelling unit where the same is required in section 94-161, unless otherwise provided.

(Code 1962, § 27-2; Code 1986, § 23-1; Ord. No. O-88-02-04, § 1, 2-22-1988; Ord. No. O-88-06-22, 6-20-1988; Ord. No. O-91-04-12, 4-24-1991; Ord. No. O-91-10-38, 10-28-1991; Ord. No. O-94-01-07, 1-25-1994; Ord. No. O-94-09-32, 9-22-1994; Ord. No. O-95-09-32, 9-21-1995; Ord. No. O-95-12-47, 12-21-1995; Ord. No. O-96-09-38, 9-22-1996; Ord. No. O-96-11-48, 11-21-1996; Ord. No. O-98-03-12, 3-19-1998; Ord. No. O-98-12-47, 12-17-1998; Ord. No. O-99-04-12, 4-22-1999; Ord. No. O-99-05-19, 5-20-1999; Ord. No. O-00-04-17, 4-20-2000; Ord. No. O-00-10-41, 10-19-2000; Ord. No. O-00-12-49, 12-21-2000; Ord. No. O-01-06-21, 6-21-2001; Ord. No. O-02-07-19, 7-18-2002; Ord. No. O-02-10-29, 10-24-2002; Ord. No. O-05-02-07, 2-24-2005; Ord. No. O-05-12-46, 12-5-2005; Ord. No. O-07-11-41, 11-15-2007; Ord. No. O-2012-21, 7-19-2012; Ord. No. O-2021-1, pt. 4, 1-21-2021)

In case any building is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building or land is used in violation of this chapter, the building official, or any other appropriate city authority, or any person who would be damaged by such violation, in addition to other remedies, may institute injunction, mandamus, or other appropriate action or proceeding to prevent the violation in the case of each such building or use of land.

(Code 1962, § 27-16; Code 1986, § 23-15)

When the regulations of this chapter impose more restrictive standards than are required in or under any statute or other legal document, the requirements of this chapter shall govern. When the provisions of any statute require more restrictive standards than are required by this chapter, the provisions of such statute shall govern.

(Code 1962, § 27-18; Code 1986, § 23-16)

Except as hereinafter provided, the application of this capter is as follows:

(1)

Use. No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, constructed, moved, or altered except in conformity with the regulations herein specified for the district in which it is located.

(2)

Buildings. No building shall hereafter be erected, constructed or altered so as to exceed the height limit, or to accommodate or house a greater number of families than are required or specified in the regulations herein for the district in which it is located.

(3)

Lots. No lot, even though it may consist of one or more adjacent lots of record, shall be reduced in size so that lot width or depth, front, side, or rear yard, inner or outer curbs, lot area per family or other requirements of this chapter are not maintained. This subsection shall not apply when a portion of a lot is acquired for public use.

(4)

Yards. No part of a yard or other open space required about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another building.

(Code 1962, § 27-10; Code 1986, § 23-9)