Atlanta City Zoning Code

CHAPTER 29

- DEFINITIONS

Sec. 16-29.001.- Application.

For the purposes of this part, certain terms, words or phrases used herein shall be defined, and requirements, restriction or limitations applied as follows:

(1)

General: Except as clearly indicated by context or stated intent:

The present tense includes the future tense.

The singular number includes the plural and the plural the singular.

The word shall is mandatory, the word may permissive.

The word lot includes the word plat or parcel.

The word land includes the word water or marsh.

The words used or occupied include the words intended, designed, or arranged to be used or occupied.

The word building includes the words intended, designed, or arranged to be used or occupied.

The word person includes the words firm, association, authority, organization, partnership, trust, company or corporation, owner, or authorized agent, as well as individual.

The masculine gender includes the feminine gender.

(2)

Accessory uses or structure: A use or structure of a nature customarily and subordinate to the principal use or structure and, unless otherwise specifically provided or authorized, on the same premises. "On the same premises" means on the same lot or on a contiguous lot in the same ownership. Where a building is attached to a principal building, it shall be considered a part thereof, and not an accessory building. Accessory uses as defined herein include those uses of public school property operated by third parties with permission of the Atlanta Board of Education or the local public school authority and that are reasonably associated with public schools, including without limitation: (i) programs for youth sports, scouting, arts, music, technology, language and cultural activities; (ii) programs that provide students, their families or the community with classes, information or assistance concerning language, technology, parenting, and /or social and cultural issues; (iii) fund raising activities that directly benefit school activities, programming and facilities including, without limitation, those funds raising activities providing additional funding for playing fields, art and music facilities, libraries, school sponsored trips and classroom needs whether for the system as a whole or an individual school; provided however that structures which are erected for proprietary purposes or that are not customarily associated with and subordinate to the public school use, such as telecommunications towers, must meet the requirements of the district where the structure is located.

(a)

Accessory outdoor dining area: Any area outside the gross floor area of the building or business where customers may be served, including but not limited to food or beverages, provided, however, that any attempt to enclose such outside area shall be construed to have a parking requirement as required for inside seating.

Alley: See section 16-29.001(21)(b).

Apartment: See "Dwellings, lodgings and related terms," section 12-29.001(10)(a).

(3)

Adult businesses:

(a)

Adult bookstore: An establishment having a significant portion of its stock in trade, books, magazines, and other periodicals, films, videos, or other media or items which are distinguished or characterized by their emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined below. For purposes of this subsection, the aforementioned items shall be collectively referred to as "adult material." It shall be presumed that a business shall have a "significant portion of its stock in trade" in adult material if any one or more of the following criteria are satisfied:

More than 25 percent of the floor area is devoted to adult material (not including storerooms, stock areas, bathrooms, basements or any portion of the business not open to the public); or

More than 25 percent of the gross sales (including rentals) result from the sale or rental of adult material; or

Twenty-five percent or more of the dollar value of all merchandise displayed at any time is attributable to adult material: or

Twenty-five percent or more of all inventory consists of adult material at any time; or

Twenty-five percent or more of the merchandise displayed for sale consists of adult material; or

Twenty-five percent or more of the stock in trade consists of adult material at any time.

(b)

Adult motion picture theater: An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined below, for observation by patrons therein.

(c)

Adult mini-motion picture theater: An enclosed building, or enclosed or semi-enclosed room or booth within an enclosed building, with a capacity for less than 50 persons used for presenting material distinguished or characterized by emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined below, for observation by patrons therein.

(d)

Adult cabaret: An adult entertainment establishment which features go-go dancers, exotic dancers, strippers, or female topless dancers.

(e)

Adult entertainment establishment: Any place of business or commercial establishment wherein the entertainment or activity therein consists of nude or substantially nude persons dancing with or without music or engaged in movements of a sexual nature or movements simulating sexual intercourse, oral copulation, sodomy or masturbation, or wherein the patron directly or indirectly is charged a fee or required to make a purchase in order to view entertainment or activity which consists of persons exhibiting or modeling lingerie or similar undergarments, or where the patron directly or indirectly is charged a fee to engage in personal contact by employees, devices or equipment, or by personnel provided by the establishment. "Substantially nude" as used in this subsection shall mean dressed in a manner so as to display any portion of the female breast below the top of the areola or displaying any portion of any person's pubic hair, anus, cleft of the buttocks, vulva or genitals. The definition of "adult entertainment establishment" is to include, but not be limited to, bathhouses, massage parlors, lingerie modeling studios and related or similar activities. Establishments which have as their sole purpose the improvement of health and physical fitness through special equipment and facilities, rather than entertainment, as hereinabove described, are specifically excluded.

(f)

Specified sexual activities: (a) Human genitals in a state of sexual stimulation or arousal; (b) acts of human masturbation, sexual intercourse or sodomy; (c) fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.

(g)

Specified anatomical areas: (a) Less than completely and opaquely covered: (1) human genitals, pubic region, (2) buttocks, and (3) female breasts below a point immediately above the top of the areola; and (b) human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(4)

Automobile: Any vehicle propelled by its own motor and operating on ordinary roads. As used herein, the term includes passenger cars, trucks, motorcycles, motor scooters, motorized bicycles and the like. For purposes of this part, classes of automobiles may be separately controlled or regulated (as for example passenger cars, trucks and motorcycles).

(a)

Battery electric vehicle (BEV): Any motor vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle's battery, and produces zero tailpipe emissions or pollution when stationary or operating.

(b)

Electric vehicle: Any motor vehicle that is licensed and registered to operate on public and private highways, roads, and streets, and operates either partially or exclusively on electrical energy from the grid, or an off-board source, that is stored on-board for motive purpose. Electric vehicle includes battery electric vehicles and plug-in hybrid electric vehicles.

(c)

Plug-in hybrid electric vehicle (PHEV): An electric vehicle that (1) contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor; (2) charges its battery primarily by connecting to the grid or other off-board electrical source; (3) may additionally be able to sustain battery charge using an on-board internal-combustion-driven generator; and (4) has the ability to travel powered by electricity.

(5)

Eating and drinking establishments shall mean those establishments whose primary purpose is to derive income from the sale of food and drink, including malt beverages, wine and/or distilled spirits. Any establishment that serves food and drink, but which also operates as another use under Chapter 10 of the City Code (the Alcohol Code) with separate parking regulations shall follow the parking regulations in Chapter 10 applicable to that use.

(6)

Building: A structure with a roof, intended for shelter or enclosure.

Bureau of buildings and bureau of planning: Outdated names and titles for departments, bureaus, offices and officials that have been changed through reorganization legislation shall be interpreted to refer to the current, correct name and title. For example, the bureau of buildings shall mean the office of buildings.

(7)

Child care nursery: The term, which includes day care centers, pre-kindergarten, kindergarten, play and other special schools or day care facilities for young children (other than at public or private elementary schools having at least four (4) grades, including kindergarten) is defined as applying to establishments providing for pay, care and maintenance to seven (7) or more children under age 17 separated from their parents or guardians during part of the day between 6: 00 a.m. and 7: 00 p.m. It is not intended to apply to foster homes, group homes, rehabilitation centers, orphanages, or other institutions providing overnight or remedial care.

(8)(a)

Place of worship: A building and/or premises used primarily as a place of public assembly for religious worship, which may contain accessory buildings, dwellings, lodging units or caretaker's residence. Child care facilities, operated directly by the church, shall be considered an accessory use. The term "place of worship" includes typical uses such as mosques, temples, churches, and synagogues.

(8)(b)

Churches, temples, synagogues, mosques and similar religious facilities: See "Place of worship."

(9)

Clubs, lodges, fraternities, sororities, student centers: Fraternities and sororities, under these regulations, shall be construed as establishments chartered by appropriate national or state organizations and approved by the educational institutions to which they relate. Such establishments provide social and recreational facilities primarily for student members (with visits by alumni) and may provide lodging and meals.

For regulatory purposes, students centers operated under the auspices of churches or other eleemosynary institutions, approved by the educational institutions to which they relate, and providing the same type of service as fraternities and sororities, shall be construed to fall under the same zoning controls as fraternities and sororities.

Compost facility: Any facility or location where the process of controlled biological decomposition of organic matter into a stable, order-free humus occurs.

Court: See section 16-28.006(8).

(10)

Dwellings, lodgings and related terms: General terms:

(a)

Dwelling unit (apartment): A room or rooms connected together, constituting a separate, independent housekeeping establishment for a family, for owner occupancy or rental or lease on weekly or longer terms, physically separate from any other rooms or dwelling units which may be in the same structure, and containing independent kitchen and sleeping facilities.

When in multi-family dwellings, dwelling units may be referred to as apartments.

(b)

Family: One or more persons occupying a single dwelling or lodging unit, provided that, unless all members are related by blood, marriage or adoption, no such family shall contain over six persons, with the following exceptions. Domestic servants employed on the premises may be housed on the premises without being counted as a family. In a dwelling unit, not more than two rooms not containing independent kitchen facilities may be occupied by a total of four or less roomers who may also board with the family. Four or less boarders, including but not necessarily restricted to roomers on the premises, may be accommodated for compensation for any period, including daily, weekly or monthly periods. The term "family" shall not be construed to mean fraternity, sorority, club, student center, group care homes, foster homes and similar uses.

(c)

Guest house: A lodging unit for temporary guests in an accessory building. No such lodging unit shall contain independent kitchen facilities.

(d)

Living quarters; quarters: A general term including lodging units and dwelling units.

(e)

Lodging unit: Living quarters for a family which do not contain independent kitchen facilities.

(f)

Servants' quarters: Lodging units for domestic servants employed on the premises. Such lodging units may be in either a principal or accessory building, and in an accessory building may be used alternatively as a guest house. No such quarters shall contain independent kitchen facilities, except in districts and on lots where additional dwelling or lodging units are authorized.

(11)

Hotel:

(a)

Definition: A building containing one or more guest rooms offering transient lodging accommodations, available at daily rental rates, to the general public. For purposes of this definition, "transient lodging accommodations" shall mean temporary sleeping accommodations, with or without independent kitchen facilities, offered to persons travelling from one place to another, stopping overnight, or otherwise in need of a temporary place to stay. This definition shall exclude the limited lodging permitted under the definition of "Family" in section 16-29.001(10)(b).

(b)

This specific definition of hotel shall govern the use of all buildings meeting this definition for zoning code purposes under Part 16 of the Code of Ordinances regardless of other and contrary definitions that may exist outside of Part 16 of the Code of Ordinances for other purposes, including but not limited to those definitions of "hotel" contained in section 78-56 and chapter 2 of Part 8 of the Code of Ordinances governing the City of Atlanta Building Code and the Georgia State Fire Safety Law, and chapter 146, article III of the Code of Ordinances governing licensing and the hotel/motel occupancy tax.

(c)

Accessory uses, such as restaurants, meeting rooms, reception facilities, banquet facilities, and recreational facilities, may be provided, except where such accessory uses are prohibited in the regulations of a particular district.

(d)

A hotel is considered a commercial use and is not permitted, inter alia, in any single-family, duplex, or multi-family residential district.

(12)

Dwellings and lodgings: Uses and structural types:

(a)

One- and two-family dwellings:

Dwelling, one-family, single-family, other than mobile home, travel trailer, etc.: A building containing only one (1) dwelling unit. The term is general, including such specialized forms as one-family detached, one-family semidetached and one-family attached (row houses, townhouses, patio houses and the like). For regulatory purposes, the term is not to be construed to include mobile homes, travel trailers, housing mounted on self-propelled or drawn vehicles, tents, or other forms of temporary or portable housing, which is controlled by special regulations.

Travel trailers and similar portable recreational housing: Portable dwelling or lodging units designed for short-term travel, recreational and vacation use. For purposes of these regulations, travel trailers, pickup campers, converted trucks and buses, motor homes, tent campers, tents or other short-term housing or shelter arrangements shall be considered to involve the same form of use; and this class of use is not intended to include mobile homes.

Use of travel trailers and similar portable recreational housing for housing purposes is permitted only in approved facilities intended for such use, and no occupied portable recreational housing unit shall remain in any such facility for a period of more than 30 days.

Dwelling, two-family or duplex:

(i)

Two-family dwelling: a residential building containing two dwelling units but which is not defined as a duplex.

(ii)

Duplex: two residential dwelling units within a building which either: share a common vertical wall with each dwelling units having street frontage or; two residential units on more than a single floor in the same structure with at least a portion of one unit directly above or below the other unit; provided that no dwelling unit of either configuration shall have more than double the floor area of the other dwelling unit. The primary pedestrian entrance(s) shall be located no higher than the main floor level and be architecturally articulated, be visible from, and be directly accessible from a public street or associated sidewalk via a pedestrian walkway of a minimum width of four feet.

Dwelling, detached: A building containing only one or two dwelling units, entirely surrounded by yards or other separation from buildings on adjacent lots.

Dwelling, attached: A building containing only one or two dwelling units, separated from only one other building containing one or two dwelling units by a party wall without openings, but otherwise entirely surrounded by yards or other separation from buildings on adjacent lots. Where each of the buildings contains only one dwelling unit, the combination may be referred to as two-family detached.

Where it is proposed to sell individual buildings or units so separated by party walls, each building shall have a separate lot with at least minimum dimensions required by district regulations for such buildings, or be so located on land in the same ownership that such lots could be provided.

Dwelling, attached: A building containing two or more dwelling units, separated by party walls without openings or by firewalls as required by law. The term "attached dwelling" is intended to apply to row houses, townhouses, patio houses and other forms with two or more dwellings attached to each other.

Side yards shall be required only at the ends of rows of attached dwellings. When it is proposed to sell individual dwellings, each dwelling shall have an individual lot, or shall be so located on land in the same ownership that individual lots meeting the requirements of the district could be provided for each, or shall be so located and grouped on the land in the same ownership that individual lots plus common open space for each and all groups would yield a lot area per dwelling unit at least equal to that required for the district.

Dwelling: Accessory — A detached dwelling unit meeting the height requirement of section 16-28.004 and having a floor area of 750 square feet or less on the same lot as a primary dwelling. Accessory dwelling units are distinct dwelling units as defined in section 16-29.001(10)(a) with independent kitchen facilities.

(b)

Multiple dwellings and lodgings:

Dwelling, multiple; multi-family dwelling apartment or apartment house: A building containing three or more dwelling units.

Multiple or multi-family dwelling units: For purposes of determining whether a lot is in multiple dwelling use, the following considerations shall apply:

Multi-family use may involve dwelling units intended to be rented and maintained under central ownership or management, or cooperative or condominium uses or units in fee simple ownership on individual lots.

Where an undivided lot contains more than one (1) building, and the buildings are not so located that lots conforming to requirements for one- or two-family dwellings in the district could be provided, the lot shall be considered to be in multi-family use if there are three (3) or more dwelling units, even though individual buildings may each contain less than three (3) dwelling units.

Guest houses and servant's quarters shall not be considered as dwelling units in computations under b. above.

Roominghouse:

Definition: A building containing one (1) or more lodging units, all of which offer nontransient lodging accommodations, available only at weekly or longer rental rates to the general public. For purposes of this definition, "nontransient lodging accommodations" shall mean long-term or permanent sleeping accommodations offered to persons as a residence, domicile, or settled place of abode. This definition shall exclude the limited lodging permitted under the definition of "Family" in subsection 16-29.001(10)(b).

This specific definition of roominghouse shall govern the use of all buildings meeting this definition for zoning code purposes under Part 16 of the Code of Ordinances regardless of other and contrary definitions that may exist outside of Part 16 of the Code of Ordinances for other purposes, including but not limited to, those definitions of roominghouse contained in section 78-56 and chapter 2 of Part 8 of the Code of Ordinances governing the City of Atlanta Building Code and the Georgia State Fire Safety Law, and chapter 146, article III of the Code of Ordinances governing licensing and the hotel/motel occupancy tax.

Meals may be provided from a single central kitchen and compensation for such meals, if provided, shall be included in the weekly or longer rental rate.

No restaurant, meeting, reception, or banquet facilities shall be provided.

Except as prohibited in subsection 16-29.001(12)(b)3.d above, accessory uses, such as recreational facilities, are permitted provided they are appropriate to the size of the roominghouse and operated solely for the residents and their guests.

A roominghouse is considered a multi-family residential use and is not permitted, inter alia, in any single-family or duplex residential district.

Family: See section 16-29.001(10)(b).

Fence: See section 16-29.001(25).

Foster home: See section 16-29.001(16)(b).

Group home: See section 16-29.001(16)(a).

(13)

Floor area:

(a)

Residential: For single-family and two-family or duplex dwellings, the floor area is defined as indicated in section 16-29.001. For definition and method of measurement of multi-family residential floor area, as affecting dwellings and lodgings, see section 16-28.010(3), "Residential floor area."

(b)

Floor area, commercial, business and industrial: For computations involving other than dwellings and lodgings, gross floor area shall be computed as including the sum of the gross horizontal area of the several stories of a building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings or different uses, including attic space with headroom of seven feet or greater and served by a permanent, fixed stair, but not including basement space, uncovered steps or fire escapes, accessory water or coo ling towers, or accessory off-street parking or loading areas.

(c)

Floor area, mixed. For computations involving individual dwelling units or individual tenant spaces containing both residential and non-residential floor area, whichever floor area is greater shall determine the floor area that applies to the entire dwelling unit or tenant space. When the floor areas are equal, the floor area shall be considered non-residential.

(d)

Floor area, flexible. For computations involving individual tenant spaces where the allocation of residential and non-residential floor area is intended allow for change over time, the floor area for the tenant space shall be considered nonresidential.

(14)

Garages; service stations: A structure or portion of a structure used for parking or storage of automobiles and/or servicing and repairs. For regulatory purposes of this part, garages are divided into the following classes, and subject to requirements and limitations set forth herein, or established elsewhere by the terms of this part:

(a)

Garages, accessory:

Private residential, one- and two-family dwellings, R or O-I district: An accessory building for parking or storage of automobiles or residential occupants of the premises, or a part of the principal building occupying not more than 35 percent of its ground floor area. No such garage shall contain more than four (4) parking spaces. One (1) vehicle parked or stored in such a garage may be owned by a person not residing on the property if all parking requirements applying to the property are otherwise met. Not more than one (1) vehicle parked or stored in such garage may be a truck of not to exceed three-quarter-ton rated capacity.

Servicing or repair within such garages shall be limited to work done by the owners of automobiles regularly stored or parked therein on such automobiles.

Accessory garages for other uses, all districts: Buildings or portions of buildings reserved exclusively for parking required for particular uses or combinations of uses by this part shall be considered permitted accessory uses even though not located on the same lot or lots with the principal use or uses served and shall not be construed to be public parking garages, as defined herein.

In connection with cars parking in such buildings or portions of buildings, and only within enclosed portions thereof, services permitted at service stations, as defined, described and limited in (c) below, may be provided for such cars only, subject to such limitations as may be established by other lawful codes and ordinances of the city; provided that there shall be no external evidence of the conduct of such service station operations.

(b)

Garage, public: A garage in which spaces are generally available to the public for payment of a fee. In districts in which service stations or repair garages are permitted or permissible by special permit, the same activities may be permitted in conjunction with public garages. In districts which service stations are not generally permitted or permissible, in enclosed portions of public garages in facilities with a total capacity of 200 or more parking spaces, services are permitted at service stations as defined and limited at section 16-29.001(14)(c) may be provided for cars parking in the facility only subject to such limitations as may be established by other lawful codes and ordinances of the city; provided that there shall be no external evidence of the conduct of such service station operations.

(c)

Service station: An establishment where gasoline, oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail, and in connection with which is performed general automotive servicing as distinguished from automotive repairs.

Uses permissible at service stations do not include major mechanical and body work, straightening of frames or body parts, steam cleaning, painting, welding, outdoor storage of automobiles not in operating condition, or any activities involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in service stations.

(15)

Gross leasable area: Total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, if any, measured from the center lines of joint partitions and from outside wall faces.

High capacity transit: A local or regional public transportation facility: (i) using rail; or (ii) using a fixed overhead wire system; or (iii) in the case of bus rapid transit, using and occupying an exclusive right-of-way for at least 75 percent of the route's length. High capacity transit includes, but is not limited to, heavy rail, light rail, streetcars, commuter rail, and bus rapid transit. Long distance passenger facilities providing service beyond the State of Georgia shall not be considered "high capacity transit."

(16)

Human services: The definitions in this section replace the definitions of "small family care home," "family care home," "group home," "congregate care home" and "convalescent home" and all such uses and facilities existing under those definitions are henceforth to be defined by this section and subject to the restrictions set forth in this part.

(a)

Personal care homes: Any dwelling, facility or structure ("facility") required to be licensed by or registered with the State of Georgia as a personal care home is a personal care home for the purpose of this ordinance. Any facility which for any reason is not required to be licensed by or registered with the State of Georgia as a personal care home, or fails to be licensed by or registered with the State of Georgia as a personal care home but, which through its ownership or management undertakes for a fee or accepts a grant or utilizes its own funding to provide or arrange for the provision of housing, food service, and one or more personal services for two other persons, who are not related to the owner or administrator by blood, marriage or adoption shall also be considered a personal care home for the purpose of this definition. No use defined as a personal care home may be permitted as a home occupation. This definition shall apply without regard to whether any fee charged is paid by the individual to whom the services are provided or by another person, the source of the grant, or the funding source for the operational costs and without regard to whether the facility is operated for profit or not for profit. Personal services include but are not limited to individual assistance with or supervision of self-administered medication, and essential activities of daily living such as bathing, grooming, dressing and toileting. For the purposes of this ordinance, a "child caring institution" or "group-care facility" as defined in O.C.G.A. § 49-5-3 (as amended) shall also be considered a personal care home. The approval and/or issuance of any special use permit for operation of a personal care home by the city shall precede the issuance of permits or licenses from the State of Georgia, provided however that any special use permit granted under the terms of this part shall be conditioned on the issuance of the appropriate permits, licenses or registrations required by the State of Georgia.

All personal care homes shall comply with the following standards:

No such facility shall be located within 2,000 feet of any personal care home, assisted living facility, community service facility as defined in O.C.G.A. § 37-4-2(6), nursing home, rehabilitation center, or supportive housing facility.

The holder of any special permit issued in accordance with section 16-25.001 et seq. of this part, whenever such permit was granted, shall make no alterations or additions to the primary structure for the purpose of increasing the number of persons to whom personal care services are provided.

All personal care homes must provide at least 80 square feet of personal living space per resident or that amount required by the State of Georgia for the licensing of personal care homes, whichever is greater.

No signs regulated by Chapter 16-28A shall be permitted other than those permitted by the regulations of the zoning district within which such personal care home is located.

Each location shall be within 1,500 feet of a public transportation station or transit stop or the operator of the personal care home shall be required to provide transportation service for its occupants as a condition of the special use permit.

Where such use is allowed in any zoning district, and no parking requirements for the use are specified, the parking requirements to be applied will be those governing residential uses but one additional space shall be required for each four beds.

(b)

Assisted living facility: A personal care home as defined in this section but having 25 or more beds and which offers a range of accommodations that range from independent residential housing options to housing options with personal services. A residential use, which could otherwise be classified as multi-family, is to be considered an Assisted Living Facility if it is registered with or licensed by the State of Georgia as an assisted living home. Any facility licensed by the State of Georgia as a facility offering a contract to provide an individual of retirement status, other than an individual related by consanguinity or affinity to the provider furnishing the care, with board and lodging, licensed nursing facility care and medical or other health related services is a subtype of assisted living facility to be described as a Continuing Care Retirement Community (CCRC). The inclusion of skilled nursing care in a CCRC under a certificate of need issued by the State of Georgia shall be considered part of the assisted living facility and shall not be deemed to be a separate use for purposes of measuring distances between personal care homes, assisted living facilities, rehabilitation centers and/or nursing homes. Any dwelling, facility or structure which for any reason is not required to be licensed by the State of Georgia as an assisted living home, or fails to be licensed by or registered with the State of Georgia as an assisted living home but, which through its ownership or management undertakes for a fee or accepts a grant or utilizes its own funding to provide or arrange for the provision of housing, food service, and one or more personal services for any person and which also provides beds for 24 or more persons, who are not related to the owner or administrator by blood, marriage or adoption shall also be considered an assisted living home for the purpose of this definition. This definition shall apply without regard to whether any fee charged is paid by the individual to whom the services are provided or by another person, the source of the grant, or the funding source for the operational costs and without regard to whether the facility is operated for profit or not for profit. Personal services include but are not limited to individual assistance with or supervision of self-administered medication, and essential activities of daily living such as bathing, grooming, dressing and toileting. For the purposes of this ordinance, a "child caring institution" or "group-care facility" as defined in O.C.G.A. § 49-5-3 (as amended) shall also be considered with 25 or more beds shall also be considered an assisted living facility. The approval and/or issuance of any special use permit for operation of an assisted living facility by the city may precede the issuance of permits or licenses from the State of Georgia, provided however that any special use permit granted under the terms of this part shall be conditioned on the issuance of the appropriate permits, licenses or registrations required by the State of Georgia.

Such facilities shall comply with the following standards:

Reserved.

Any assisted living facility must specify the maximum number of beds for which personal services, of the type offered in a personal care home, will be made available.

All assisted living facilities must provide at least 80 square feet of personal living space per resident or provide that amount required by the State of Georgia for the licensing of assisted living homes, whichever is greater.

No signs regulated by Chapter 16-28A shall be permitted other than those permitted by the regulations of the zoning district within which such personal care home is located.

Where such use is allowed in any zoning district, and no parking requirements for the use are specified, the parking requirements to be applied will be those governing multi-family residential uses.

(c)

Rehabilitation centers: A facility providing onsite rehabilitative services whether operated for profit or not for profit. Onsite rehabilitative services are those rehabilitative services of the kind enumerated in O.C.G.A. § 31-6-2(5) and also includes counseling services, and/or therapeutic services offered as a part of any organized program for the mental, psychological, substance abuse recovery, and occupational or physical rehabilitation of any person. This section shall not apply to hospitals or services located on the premises of a hospital or services offered to individuals by one or more licensed medical professional(s) in a private office setting or personal services offered as part of a permitted home occupation.

No such facility shall be located within 2,000 feet of any personal care home, assisted living facility, community service facility as defined in O.C.G.A. § 37-4-2, nursing home, rehabilitation center, or supportive housing facility, except that for any rehabilitation center which is located in a facility containing another medically-related use, such distance separation requirements will not apply.

Any rehabilitation center having a residential component shall provide at least 80 square feet of personal living space per resident or provide that amount required by the State of Georgia for the licensing of personal care homes, whichever is greater.

No signs regulated by Chapter 16-28A shall be permitted other than those permitted by the regulations of the zoning district within which such personal care home is located.

A rehabilitation center also containing a residential component (with or without personal services), also provide rehabilitative services to non-residents, shall be required to provide one additional parking space for each 300 square feet of floor area (excluding the personal living space of the residents) in addition to compliance with any parking regulation of the zoning district governing parking for a residential use.

Any rehabilitation center applying for a special use permit relating to the location or relocation of a, drug rehabilitation center, or other facility for treatment of drug dependency shall be required to complete the application, sufficiently in advance of the date that final action is expected on the decision, to ensure compliance with the public hearing and posted notice requirements of O.C.G.A. § 36-66-4 (as amended).

(d)

Nursing home: This section adopts the definition of nursing home set forth in the Georgia Administrative Code 290-5-8-.01 (as it may be amended) which defines such use as a facility which admits patients on medical referral only and for whom arrangements have been made for continuous medical supervision and which maintains the services and facilities for skilled nursing care, rehabilitative nursing care, and has a satisfactory agreement with a physician and dentist who will be available for any medical and/or dental emergency and who will be responsible for the general medical and dental supervision of the home. No personal care home, assisted living facility, rehabilitation center or any other type of facility may be permitted under this part as a nursing home unless it meets the definition of nursing home set forth in the Georgia Administrative Code and is licensed by the State of Georgia as a nursing home.

Reserved.

Where such use is allowed in any zoning district where no regulation governing parking requirements for nursing homes exists, the parking requirements will be one for every four beds.

(e)

Measurement of distance: The required separation between personal care homes, assisted living facilities, rehabilitation centers and/or nursing homes established in paragraphs (a) (b) (c) and (d) above shall be measured in a straight line from the nearest lot line of such a use to the nearest lot line of the property occupied by or proposed to be occupied by, any other such use. The required access to public transportation station or transit stops for personal care homes and/or rehabilitation centers established in paragraphs (a) (b) (c) and (d) above shall be measured in a straight line from the nearest lot line of such use to the nearest lot line of public transportation station or the marker establishing the transit stop.

(f)

Enforcement of distance regulations: Each lot of record existing as of the effective date of this ordinance occupied by or for which application has been made to be occupied by a personal care home or rehabilitation center shall be construed as a separate and distinct use. The distance requirement in paragraphs (a) (b) (c) and (d) measured as defined in paragraph (e) shall be applicable to each such lot of record containing a personal care home, assisted living facility, rehabilitation centers or nursing home notwithstanding common ownership of such property, the existence of a common lease agreement for any or all of the property, or any other common operational characteristics. Personal care home, assisted living care, rehabilitative center and/or nursing home services and uses within the same approved continuing care retirement community shall not be deemed to be separate uses for purposes of measuring distances between personal care homes, assisted living facilities, rehabilitation centers and/or nursing homes.

(g)

Time limits related to State of Georgia license, permit or registration requirements: Any special use permit issued for the uses defined in this section shall become void if the license, permit or registration required by the State of Georgia has not been issued within six months of the date of approval of the special use permit or within 60 days of the issuance of a certificate of occupancy for new construction. Any special use permit issued for a continuing care retirement community, as defined by the Georgia Administrative Code and referenced in Code Section 16-29-001(16)(b), shall become void if an application for a certificate of authority has not been submitted to the State Insurance Commissioner within six months of the date of approval of the special use permit. If any such license, permit or registration required by the State of Georgia has expired or been revoked and is not renewed or reissued, and the special use permit has not been transferred to another applicant within six months of the date that such revocation or expiration became effective, the special use permit shall become null and void. If all steps required for the application for transfer of the special permit have been completed within six months of the date that such revocation or expiration became effective, the special permit will remain effective until the date that final action is taken on the application for transfer. An application [applicant] who receives a special permit by transfer has six months after the date that the transfer becomes effective to obtain any license, permit or registration required by the State of Georgia, or the special permit shall be void. Any special permit, which becomes void pursuant to this subsection shall not require any act by the governing body to revoke the permit of the continued operation of the use to be in violation of this part.

(17)

Home occupation: An occupation conducted in a dwelling unit.

"Home occupation" shall include any activity for which the City of Atlanta would normally require a business license and shall specifically include the use of the subject premises by professional persons engaged in the practice of law, business, or personal services. Further, "home occupation" shall include the use of the premises by a manufacturer's representative providing that no merchandise shall be stored on the premises other than samples which may be transported by hand and which are usually carried by such salesman, agent, or representative to prospects' office or place of business.

Home occupations may be approved by the director, bureau of buildings upon the application of the proposed principal in such form as the director, bureau of buildings may hereinafter direct. However, approval shall be granted only in compliance with the following criteria:

No more than two persons shall be engaged in such home occupation, one of whom shall be a member of the family residing on the premises.

The use of the dwelling for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and no more than 25 percent of the floor area of the dwelling unit, or 500 square feet, whichever amount is less, shall be used for the conduct of the home occupation. Such space may be contained in a lawful accessory structure.

There shall be no assembly or group instructions in connection with the home occupation. Individual instruction on a one-on-one basis are permitted.

No product shall be sold on the premises. This provision shall not be construed as prohibiting sales by telephone when delivery of the merchandise is to take place elsewhere.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in the neighborhood and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front or side yard.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the home occupation is conducted in a detached one-family dwelling, or outside the dwelling unit if conducted in any other form of dwelling. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receiver off the premises or causes fluctuations in line voltage off the premises.

Any person who obtains authorization permitting the conduct of a home occupation shall be a member of the family residing on the premises, shall take substantially all of his overnight lodging at the dwelling, shall store substantially all of his personal belongings which are used in normal daily life in the dwelling, and shall use the address of the subject dwelling as his address for legal purpose such as registration to vote and payment of personal property taxes.

No sign advertising a home occupation, including those mounted inside windows and doors that are visible from a public right-of-way or a neighboring property line shall be internally or externally illuminated.

Hotel: See section 16-29.001(11).

Lot: See section 16-28.006.

(18)

Marquee: A roofed structure attached to and supported by a building and projecting over public or private sidewalks or right-of-way.

(19)

Shopping center: Three (3) or more commercial establishments planned, developed and managed as a unit and providing parking facilities in common on the site.

Materials recovery facility: A solid waste handling facility or location that provides, from the extraction from solid waste of recoverable materials, materials suitable for use as fuel or soil amendment, or any combination thereof.

Mixed use development: See "Use, mixed," section 16-29.001(24).

Municipal solid waste disposal facility: Any facility or location where the final disposition or amount of municipal solid waste occurs, whether or not mixed with or including commercial or industrial solid waste, and includes, but is not limited to, municipal solid waste landfills and solid waste thermal treatment technology facilities.

(20)

Vault-storage facility: A business for the rental of vaults, each no larger than six cubic feet in size with the exception that up to five percent of the total amount of vaults may be up to ten cubic feet in size, for the storage of valuable possessions, including but not limited to silver, jewelry, objects of art, microfilm records, computer tapes and similar items normally stored in bank safety deposit boxes.

Processing operation facility: Any facility or location whose method, system or other treatment is designed to change the physical form or chemical content of solid waste, including all aspects of its management (administration, personnel, land, equipment, buildings, and other elements).

Screen wall extension: A wing wall extension of a building façade matching the material and design of the adjacent adjoining building and not located within an open space, sidewalk or supplemental zone.

Sign: For sign definitions, see section 16-28.017.

(21)

Street, alley:

(a)

Street: A public right-of-way providing principal access to abutting property. It may also serve for all or part of its width as a way for pedestrian traffic.

(b)

Alley: A vehicular way providing secondary vehicular access to the side or rear of abutting property. It may also serve for part or all of its width as a way for pedestrian traffic.

(22)

Structure: Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on or in the ground. Among other things, structures include buildings, walls, fences, billboards, and poster panels, piers, bulkheads, swimming pools and signs fixed to the ground or to another structure.

(23)

Structural alteration: Any change in the supporting member of a structure, such as foundations, bearing walls or bearing partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

Solid waste handling facility: Any facility or location, the primary purpose of which is storage, collection, sorting, transportation, treatment, utilization, processing or disposal, or any combination thereof, of solid waste.

Tourist home: (See section 16-29.001(12)(b)(7).

(24)

Use, mixed: Mixed-use development is defined for purposes of this part as any development which includes as principal uses on the same parcel both multi-family residential uses and one or more nonresidential uses.

(25)

Walls and fences:

Wall: Any structure forming a physical barrier or enclosure which is so constructed that 50 percent or more of the gross vertical surface is closed and prevents the passage of light, air and vision through said surface in a horizontal plane.

Wall, retaining: A structure whose sole function is to contain earth so as to provide a stable surface at a grade higher than the adjacent grade level.

Fence: Any structure forming a physical barrier or enclosure which is so constructed that at least 50 percent of the vertical surface is open to permit the transmission of light, air and vision through said surface in a horizontal plane.

Fence, height of: The vertical distance as measured from the finished ground level or the top of a retaining wall to the highest point of the fence. To the extent that a retaining wall extends above the grade level of the surface retained, that additional height shall be included in the allowed height of any fence placed upon a retaining wall.

Yard: See "Lots, yards, and related terms and methods for measurement," section 16-28.006.

(26)

Basement: A story of a building having half or more of its clear height below grade and used for storage, garages for use of occupants of the building or utilities common to the rest of the building.

(27)

Building, height of: The vertical distance from grade to the mean level between the lowest and highest points of the roof of the highest story. The height of a building shall be the average building height based on the measurement of all elevations. The height of a building on each elevation shall be measured from the point of the average finished grade level of each elevation to the mean level between the lowest point on the edge of the eave of said elevation and the highest point of the roof over the highest story facing that same said elevation without regard to any intervening roof peak.

(28)

Grade: The average level of the finished surface of the ground adjacent to the exterior walls of a building.

(29)

Story: That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above.

(30) (a) Antenna: Any broadcast tower, line-of-sight relay device for telephonic, radio or television communication, or similar exterior apparatus intended for sending and/or receiving electromagnetic waves. The term "antenna" shall include both the system of electrical conductors that emit or receive said electromagnetic waves, and any structure(s) upon which said transmitting and/or receiving system is located, attached, or affixed when said structure(s) is constructed primarily for said system's support.

(b)

Roof antenna: An antenna attached or affixed to another structure, provided that said supporting structure was not constructed primarily for the purpose of accommodating the antenna.

(c)

Lattice antenna: An antenna constructed of an exposed framework of crossed supports of metal or other building materials.

(d)

Amateur radio service antenna structure: A tower and antenna for radio transmission and reception which is maintained by a licensed amateur radio operator as an accessory structure.

(31)

Home art studio and gallery:

(i)

Definition: The creation, presentation and sale of works of art when conducted in a dwelling unit. Within the meaning of this section, "works of art" shall be defined as including, but not limited to, the following categories: Two- or three-dimensional objects, including paintings, sculptures, collages, constructions, and handmade books; photographs; prints, including silk-screens, etchings, lithographs, intaglios, woodcuts, and monotypes; drawings; jewelry; ceramics; textile designs; and weavings. In addition, all of the above categories must be: (1) handmade by the applicant; (2) of the applicant's own design; and (3) not solely intended for utilitarian use. This definition specifically excludes T-shirts, objects produced from kits or moulds, objects produced by numbers, or objects created by mass-production. For purposes of this definition, "mass-production" means the creation of more than five (5) completed objects per day by wholly mechanical means, but specifically excludes objects created through the process of photography and printmaking.

(ii)

Procedures and criteria: Notwithstanding the regulations found in subsection (17) (home occupation) of this section, a home art studio and gallery may be permitted upon approval of the director, bureau of buildings upon application in such form as the director, bureau of buildings may hereinafter direct. Approval shall be granted only in compliance with the following procedures and criteria:

Prior to filing an application with the bureau of buildings, the applicant must secure a "home art studio and gallery certificate from the bureau of cultural affairs stating: (1) That the proposed home art studio and gallery meets the definitional requirements for works of art specified in subsection (i) above; and (2) The specific category or categories of work(s) of art that are to be created for sale at the proposed location. Said certificate must then be presented by the applicant to the bureau of buildings as a part of the home art studio and gallery application. If a permit is subsequently granted by the bureau of buildings, no work of art outside the scope of said certificate shall be presented or sold at the authorized location unless said certificate has been amended by the bureau of cultural affairs. All amended certificates must be presented to the bureau of buildings so that the existing permit may be appropriately amended by said bureau prior to any sales conducted pursuant thereto.

The use of the dwelling for the home art studio and gallery shall be clearly incidental and subordinate to its use for residential purposes by its occupants. No more than 50 percent of the floor area of the dwelling or 500 square feet, whichever amount is less, shall be used for the conduct of the home art studio and gallery. Such space may be contained in a lawful accessory structure.

There shall be no more than six (6) public sales presentations per year of works of art for sale at a home art studio and gallery. Each sales presentation shall consist of no more than 12 consecutive hours scheduled between the hours of 9: 00 a.m. and 9: 00 p.m.

The applicant shall inform the director of the bureau of buildings, in writing, of each planned sales presentation at least ten days in advance of each presentation. The director, bureau of buildings shall cause a record to be maintained of all sales presentations at locations permitted herein so as to ensure compliance with this section. All works of art presented for sale at a home art studio and gallery shall have been created on the permitted premises.

The only persons permitted to present and offer for sale works of art at a home art studio and gallery sale shall be persons who reside on the premises. Any person who obtains authorization permitting the conduct of a home art studio and gallery shall be a member of the family residing on the premises, shall keep substantially all of his or her personal belongings which are used in normal daily life at the dwelling, and shall use the address of the subject dwelling as his or her address for legal purposes such as registration to vote and payment of personal property taxes.

There shall be no assembly or group instruction in connection with the home art studio and gallery; except that this prohibition against assembly shall not apply during the sales presentation periods authorized in paragraph (ii)(3) above. Individual instruction on a one-to-one basis is permitted.

No traffic shall be generated by such home art studio and gallery in greater volumes than would normally be expected in the neighborhood, and any need for parking generated by the conduct of such home art studio and gallery shall be met off-street and other than in a required front or side yard; except that these provisions shall not apply during the sales presentation periods authorized in paragraph (ii)(3) above.

No equipment or process shall be used in such home art studio and gallery which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the home art studio and gallery is conducted in a detached one-family dwelling, or outside the dwelling unit if conducted in any other form of dwelling. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receiver off the premises or causes fluctuations in line voltage off the premises.

(32)

Farmers' market: A market whereby vending activity is conducted outdoors in an open-air environment and accessible to the general public and which meets the following standard:

(a)

At least 75 percent of the displayed inventory of the products sold in each Farmers' Market is Farm Products or Value-Added Farm Products; and

(b)

At least 75 percent of the vendors participating during the market's hours of operation are either Producers, family members, employees or agents of Producers; and

(c)

If a booth sells Farm Products or Value-Added Farm Products that are not produced by the vendor, said booth must explicitly disclose the producer's name and location in writing with lettering that is at least two inches tall and visible to the consumer.

(d)

As used herein the following terms shall have the following meaning:

Producer means

A person or entity that raises or farm products on land that the person or entity farms and owns, rents or leases; or

A person or entity that creates (by cooking, canning, baking, preserving, roasting, etc.) Value-added Farm Products; and whose method of production has been verified by the Office of Sustainability based on the standards set forth in their internal operating regulation.

Farm Products means fruits, vegetables (including soy-based), mushrooms, herbs, grains, legumes, nuts, shell eggs, honey or other bee products, flowers, nursery stock, livestock food products (including meat, milk, yogurt, cheese and other dairy products), and seafood.

Value-Added Farm Product means any product processed by a Producer from a Farm Product, such as baked goods, jams and jellies, canned vegetables, dried fruit, syrups, salsas, salad dressings, flours, coffee, smoked or canned meats or fish, sausages, or prepared foods.

Vending structure means a temporary, movable booth, stall, table, tent or other structure used for the sale of goods or for display purposes at a farmers' market.

Vendor means any person who sells any goods, wares, merchandise, food or drink at a farmers' market.

(e)

Farmers markets may vend on vacant land that is zoned commercial.

(33)

Parking structure: A structure of one story or more used for the temporary storage of vehicles whether located above or below grade.

(34)

Surface parking lot: A parcel of land utilized for an at-grade temporary storage of vehicles.

(35)

Parking facilities: A parking structure and/or a surface parking lot.

(36)

Park-for-hire facility: Any facility for the parking of motorized vehicles, for which service the operator thereof charges a fee.

(37)

Floor area ratio: A number which, when multiplied by the total net lot area of any lot within the R-1 through R-5 district, establishes the total amount of gross floor space which may be built on that lot, excluding basement space but including attic space as each provided by their individual definitions, and excluding garage space and space contained within any accessory structure unless said accessory structure is used as a secondary dwelling unit.

(38)

Lot coverage: A percentage factor which, when multiplied by the total area of any lot within the R-1 through R-5 district, establishes the total area of impervious surface which may be built on said lot. Impervious surface shall include the footprint of the main structure, driveways, turnarounds, parking spaces, and all accessory structures including patios, decks, tennis courts, swimming pools and similar structures.

(39)

Truck stop: A facility for tractor-trailer trucks which meets one or more of the following characteristics: fuel and other petroleum products are sold, overnight parking for tractor trailer trucks is provided, a retail store is provided, or a restaurant and/or other dormitory space is utilized as a rest area for truck drivers, as distinguished from a truck terminal.

(40)

Truck terminal: A facility in which freight brought by truck is assembled and/or stored for routing or reshipment, or in which semitrailers, including tractor and/or trailer units and other trucks, are parked or stored.

(41)

Single room occupancy residence: A building containing 50 or more dwelling units, all of which are available for rental occupancy for periods of seven days or longer, in which said dwelling units are accessed through a common primary entrance, which contains lounges, living rooms, and other congregate living space of not less than five square feet per dwelling unit, and in which on-site management is provided on a 24-hour basis. Single room occupancy residences shall be classified as commercial uses for the purposes of determining allowable floor area ratios in C-1, C-2, C-3, C-4, C-5, SPI-1, SPI-2, SPI-3, and SPI-4 districts and for the purpose of determining required off-street parking in C-5, SPI-1, SPI-2, SPI-3, and SPI-4 districts.

(42)

Motel: Same as hotel.

(43)

Zero-lot-line subdivision: The subdivision of a lot containing an existing two-family or multi-family residential building in such a manner that two or more of the dwelling units within said building are located with one or more of their sides directly on a lot line.

(44)

Package store: An establishment engaged in the retail sale of packaged alcoholic beverages, such as ale, beer, wine, and whiskey for consumption off the premises and at which on-premises consumption is specifically prohibited, as distinct from a bar, restaurant or similar establishment which is licensed for the retail sale of alcoholic beverages of any type by the drink and/or for consumption on the premises. The term "package store" is considered synonymous with the term "liquor store". A package store shall include any premises classified as Industry No. 5921 in the Standard Industrial Classification (SIC) Manual, 1972 prepared by the Executive Office of the President - Office of Management and Budget. Except where otherwise specified, package stores shall be considered "retail establishments" for purposes of determining the districts in which they are permitted.

(45)

Off-site parcel: A parcel of property that is located away from another parcel of property.

(46)

Donating parcel: A parcel of property that contributes or gives certain prescribed requirements to another parcel of property.

(47)

Connectivity: Providing the infrastructure to access or connect public rights-of-way together.

(48)

Showering facilities: Any facility which provides the ability for any office tenant to use a shower and its accessory changing space at an office building.

(49)

Greenway trail: A corridor of undeveloped land that is reserved for recreational use or environmental preservation.

(50)

Rail-trail: A marked path or route along or adjacent to a railroad corridor or right-of-way.

(51)

Bike and jog path: A marked route or way which is meant to provide for bicycling and walking in a safe and sufficient manner.

(52)

On-center. A point at a certain distance from something else.

(53)

Fenestration: The design and placement of windows in a building.

(54)

Digital industry: High technology uses dealing with telecommunications.

(55)

Light spillage: When manufactured light from a particular parcel of property spills onto another parcel of property.

(56)

Alternative fuel vehicle charging station: A place or area which enables a vehicle to refuel itself with non-gasoline and non-diesel alternative fuels or to be refueled by others. Alternative fuels include pure methanol, denatured ethanol, and other alcohols; mixtures containing 85 percent or more by volume of methanol, denatured ethanol, and other alcohols with gasoline or other fuels (including E85 and M85); natural gas and liquid fuels domestically produced from natural gas (including compressed natural gas and liquefied natural gas); liquefied petroleum gas (including propane); hydrogen; biodiesel (B100); fuels other than alcohol derived from biological materials; electricity (including electricity from solar energy); P-series fuels; and any other fuel the United States Secretary of Energy determines by rule is substantially not petroleum and would yield substantial energy security benefits and substantial environmental benefits.

The presence of one or more electric vehicle charging stations shall not be considered to convert a parcel to a service station use absent other characteristics of a service station use such as the retail sale of gasoline or alternative fuels, general automotive servicing and repairs, and battery exchange. Where stations for the charging of electric vehicles is offered but such parcel would otherwise be considered a surface parking lot absent the presence of electric vehicle charging stations shall be regulated as surface parking.

(a)

Electric vehicle charging station: A public or private parking space that is served by electric vehicle supply equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery in an electric vehicle.

(b)

Electric vehicle charging station - restricted use: An electric vehicle charging station that is (1) privately owned and restricted access (e.g., single-family home, designated employee parking) or (2) publicly owned and restricted (e.g., fleet parking with no access to the general public).

(c)

Electric vehicle charging station - public use: An electric vehicle charging station that is (1) publicly owned and publicly available (e.g., on-street parking and City-owned parking facilities) or (2) privately owned and publicly available (e.g., shopping center parking, non-reserved parking in multi-family parking lots).

(d)

Charging: When the connector from an electric vehicle supply equipment (or standard outlet) is inserted into the electric vehicle inlet, and electrical power is being transferred for the purpose of recharging the batteries on board the electric vehicle.

(e)

Charging level: The standardized indicators of electrical force, or voltage, at which an electric vehicle's battery is recharged.

Level 1 is considered slow charging, typically requiring a 15- or 20-amp breaker on a 120-volt AC circuit and standard outlet.

Level 2 is considered medium charging, typically requiring a 40-amp to 100-amp breaker on a 240-volt AC circuit.

DC Fast Charge is considered rapid charging, typically requiring a 60 amp or higher dedicated breaker on a 480-volt or higher three-phase circuit with special grounding equipment. DC Fast Charging uses an off-board charger to provide the AC to DC conversion, delivering AC directly to the car battery.

(57)

Sidewalk arcade: An arched or covered passageway located adjacent to the sidewalk.

(58)

Pervious concrete: A concrete surface capable of being penetrated or perforated.

(59)

Curb extension: Curb extensions are spaces where the sidewalk has been extended out into the street, often at an intersection, to shorten the crosswalk distance and provide for better visibility for the pedestrian. Occasionally referred to as curb-bulbs or bulb-outs, curb extensions do not involve the loss of a lane, but do narrow the road width as a whole. Two opposite curb extensions create a choker.

(60)

Choker: A choker is a pair of curb extensions, which narrows the street and may reduce the effective number of traffic lanes.

(61)

Chicane: Chicanes consist of staggered curb extensions or parking areas which create a curve or horizontal shift in the road to slow motor vehicle travel speed.

(62)

Transitional height plane: An imaginary plane (having a vertical component and angular component) specifically designed to restrict the maximum height of all parts of buildings or structures within specific zoning districts and their relationship to adjoining districts. Such imaginary plane shall be:

A vertical component measured at the required setback adjoining the common property line by a 35-foot vertical distance above the finished grade, except where otherwise prescribed by the transitional height plane provisions of individual zoning districts, and

An angular component extending inward over such structure at an angle of 45 degrees, and

Such determination shall be made on a point-by-point basis and not average grade.

No portion of any structure shall protrude through such transitional height limiting plane as determined by specific sections of this Code.

The following diagrams are intended to illustrate application of the transitional height plane formulas as set forth in individual zoning districts:

Transitional height plane diagram 1: Contiguous to a protected district.

Transitional height plane diagram 2: Not contiguous but within 150 feet of a protected district.

(63)

Cement: Raw materials, such as silica; alumina, iron oxide, or the like, used for the manufacture of concrete, but not including sand, gravel, topsoil, dirt or other raw materials unless the same is to be crushed, screened, heated or otherwise processed into compounds used primarily for the manufacture of concrete.

(64)

Cement plant: any facility, which crushes, screens, heats or otherwise processes materials, such as silica, alumina, iron oxide, or like materials into compounds used primarily for the manufacture of concrete. A facility that extracts or removes sand, gravel, topsoil, dirt or other natural resources shall not be considered a cement plant unless the facility also crushes, screens, heats or otherwise processes materials such as silica, alumina, iron oxide, or like materials into compounds used primarily for the manufacture of concrete.

(65)

Concrete: any mixture of sand, gravel, crushed stone, or other aggregates, with water and portland cement or other materials, which as the result of hydration, will bind into a rocklike mass; for the purposes of this definition, a mixture of materials shall be considered concrete without regard to the particular proportion of materials if as the result of hydration the materials will bind into a rocklike mass.

(66)

Concrete plant: a facility that processes any mixture of raw materials into concrete for distribution to other sites whether through the transfer of already mixed raw materials into trucks or through the loading of materials into trucks, which mix the raw materials into concrete on route to or at the site. A facility which processes raw materials into concrete on a site for the production, repairing, compounding or assembly of products made of concrete, shall not be considered a concrete plant unless the facility also distributes concrete produced on the site to other sites in the same manner as a concrete plant.

(67)

Attic: any area below the roof which meets the minimum headroom height for habitable space as that measurement is determined by a vertical measurement perpendicular from the top of the ceiling joists of the floor below to the underside of the roof rafter above, regardless of the arrangements of any intervening framing. A maximum of 50 percent of the floor area attributed to any attic space shall not be included for purposes of floor area ratio calculation.

(68)

Basement: Any habitable area below the main floor level which meets minimum headroom requirements and where no more than 50 percent of the total exterior perimeter walls are exposed more than four feet from the main floor level finished floor to the immediately adjacent finished grade.

(69)

Main floor level: In a single-family and two-family or duplex dwelling, the main floor level shall be the highest habitable floor level not exceeding the main floor level height limitation as indicated in section 16-28.026.

(70)

Rail transportation communications facilities. Antennas and communications equipment including antenna arrays, poles, towers, equipment cabinets, security fences, barriers and other accessory structures located within railroad rights-of-way or on lands owned by railroads which are used for purposes related to rail transportation or rail line communications such that denial of the right to locate such facilities as requested would constitute regulation of rail transportation in violation of 49 U.S.C. 10501 as it now reads or as it may be amended from time to time.

(71)

Shelter: Locations that provide sleeping facilities and/or personal sanitation facilities and may include the provision of meals, medical care and/or counseling service that require daily registration for occupancy. On-site supervision of residents and persons using the facilities and services made available shall be provided for the purpose of enforcement of the rules and regulations pertaining to the operation of the place of use and not for the purpose of attending to the personal care needs of the persons served with respect to the supervision of self-administered medication, or with the essential activities of daily living such as bathing, grooming, dressing and toileting.

(a)

A special use permit is required to operate a shelter. In addition to the requirements set forth in 16-25.003, a shelter shall comply with the following standards:

No such facility shall be located within 2,000 feet, as measured by section 16-29.001(16)(e), of any personal care home, assisted living facility, nursing home, rehabilitation center, supportive housing facility, or other shelter, whether publicly or privately owned and/or operated.

Each location shall be within 1,500 feet, as measured by section 16-29.001(16)(e), of a public transportation station or transit stop.

Where such use is allowed in any zoning district where no parking requirements for the use are specified, one parking space shall be required for each on duty staff member, whether paid or unpaid. In addition to staff parking, a space of sufficient size is required for each van, bus or other vehicle used by the facility and one additional parking space shall be provided for each 2,000 square feet of the facility.

Each facility shall provide a bed or crib for each resident.

Each facility shall allow restroom facilities to be available to residents at all times when residents are allowed on the property.

The owner or operator of the facility shall maintain a minimum staffing ratio of one staff member for every 40 residents when residents are present.

No facility shall allow either cooking or smoking in any room used for sleeping.

In any facility where indoor smoking is permitted, smoking shall be restricted to designated areas.

The owner or operator of the facility shall ensure that all staff members are instructed as to the location of all exits and trained in the use of fire extinguishers.

10)

Each facility shall have an emergency evacuation plan approved by the Atlanta Fire Department posted in a public area of the facility.

11)

Each facility shall have emergency exits clearly marked.

12)

Each facility shall provide direct pedestrian ingress and egress that does not require unauthorized use of other private property.

(b)

When the National Weather Service reports either that the temperature or wind chill is below 32 degrees Fahrenheit or that a winter weather advisory is in effect, the owner or operator of a facility shall be excused from the minimum bed or crib sleeping requirements set forth in this section.

(c)

No existing structure lawfully devoted to a use which after the date of adoption of this ordinance would be classified as shelter and which is located in a district which permits such use as a result of the adoption of this ordinance shall be enlarged, extended (horizontal or vertical) or moved, without a special use permit issued pursuant to this section and meeting the requirements of subsection (a)(3-12) above, but not (a)(1-2) above. For the purposes of this subsection, the meaning of enlarge, extend or move shall include, but shall not be limited to, alterations or additions to any structure for the purpose of increasing the number of persons to whom any services, including the quantity of sleeping facilities, whether provided as bed spaces or as separate rooms, or increasing the amount of services that are provided except for the purpose of increasing handicapped accessibility.

(72)

Community center: A building, either publicly or privately, owned and operated, that provides social and or recreational activities, and programs within the location. The community center may provide space to congregate for meetings, after school programs or other services intended for residents of the community and their families. A community center may provide social services but may not provide sleeping facilities or residential accommodations as a component of its services provided.

(73)

Supportive housing: Housing provided on a transitional or permanent basis and which shall be provided in conjunction with certain services including but not limited to medical care, job training, counseling and requires the occupants to enter into an agreement or lease in order to reside and use those services.

(a)

Supportive housing shall comply with the following standards:

Certification, initial or renewal, from the department of grants and community development that the operator meets the minimum requirements, as published by the department of grants and community development to effectively operate and sustain an ongoing operation that is in the best interest of public health safety and welfare and that the operation is consistent with the city's current adopted local consolidated plan. Certification from the department of grants and community development must be renewed on an annual basis.

As provided in the certification process, the applicant shall notify in writing the NPU Chair of the proposed application and shall present their proposal to the NPU if so requested. The NPU shall have no more than 45 days from receipt of the written notification to review and comment on the application for certification.

No location shall be within 2,000 feet, as measured:, by section 16-29.001(16)(e), of any personal care home, rehabilitation center, shelter or any other supportive housing facility, whether publicly or privately owned and/or operated.

Each location shall be within 1,500 feet, as measured by section 16-29.001(16)(e), of a public transportation station or transit stop.

Each living unit will include a functioning kitchen, bathroom(s) and sleeping area(s).

A bed or crib shall be provided for each resident.

The owner or operator providing the housing shall ensure that all staff members are instructed as to the location of all exits and trained in the use of fire extinguishers.

An emergency evacuation plan approved by the Atlanta Fire Department shall be posted in a public area of the housing.

Emergency exits shall be clearly marked.

Direct pedestrian ingress and egress that does not require unauthorized use of other private property is required.

10)

Each facility shall provide one parking space per every four dwelling units plus two additional spaces to be used by facility staff with the exception of those facilities located in zoning districts which have no minimum residential parking requirements.

11)

All building, fire and housing code requirements related to occupancy limits shall be adhered to.

(b)

No existing structure lawfully devoted to a use which after the date of adoption of this ordinance would be classified as supportive housing and which is located in a district which permits such use as a result of the adoption of this ordinance shall be enlarged, extended (horizontal or vertical) or moved, without first complying with the requirements of subsection (a) above. For the purposes of this subsection, the meaning of enlarge, extend or move shall include, but shall not be limited to, alterations or additions to any structure for the purpose of increasing the number of persons to whom any services, including the quantity of sleeping facilities, whether provided as bed spaces or as separate rooms, or increasing the amount of services that are provided except for the purpose of increasing handicapped accessibility.

(c)

If at anytime the certified operator ceases to operate or manage the facility, transfers responsibility or sells the property to another operator the new operator must acquire their certificate from the department of grants and community development and meet the notice requirements of subsection (a)(1) above.

(74)

Self-storage facility: An enclosed structure(s) providing separate and individually accessible compartments/units each no greater than 800 square feet in floor area and leased or rented to the general public for the purposes of storing non-hazardous personal property of household goods and effects and not utilized for general commercial inventory.

(75)

Secured-storage facility: An enclosed climate-controlled and secured structure providing separate and individual compartments/units not visible from the adjacent private or public streets and each no greater than 400 square feet in floor area and leased or rented to the general public for the purposes of storing non-hazardous personal property of household goods and effects and not utilized for commercial inventory.

(76)

Mixed-use storage facility: An enclosed structure providing separate and individually accessible compartments/units each no greater than 400 square feet in floor area and leased or rented to the general public for the purposes of storing non-hazardous personal property of household goods and effects and not utilized for commercial inventory and meeting the following additional criteria:

(i)

Each compartment/unit must be exclusively accessible from the interior of the structure;

(ii)

Climate-controlled;

(iii)

Secured-access to the structure (other than front desk); and

(iv)

At least ten percent of the total floor area of the site shall be used for one or more non-storage permitted uses specified in the applicable zoning district.

(77)

Warehousing facility: An enclosed structure(s) for the bulk storage of equipment and goods produced off-site and future distribution to other locations for the purposes of processing, retail or wholesale and not utilized for on-site wholesale or retail sales.

(78)

Bed and breakfast inn: A building or buildings located in a permitted district and meeting each of documented characteristics (a) through (f):

(a)

Structure(s):

(1)

Having a minimum of 1,200 square feet of floor area; and

(2)

Individually listed on the National Register of Historic Places; or

(3)

Contributing to a district listed on the National Register of Historic Places; or

(4)

Located within a district listed on the National Register of Historic Places and is architecturally compatible with the district in comparison to the physical descriptions and/or architectural information available in the official National Register of Historic Places Nomination, as determined by the executive director of the Urban Design Commission;

(b)

Condition of structure(s): Substantially maintain their original or historic exterior appearance based on physical descriptions and or architectural information available in the official National Register of Historic Places Nomination as determined by the executive director of the Urban Design Commission. This characteristic shall only apply to structure(s) qualifying under either subparagraph (a) (2) or (3) above;

(c)

Property oversight: A property owner or manager who resides on the property by taking a majority of their overnight lodging on-site; and up to a maximum of two additional on-site employed staff, for a total of three unrelated (by blood, marriage or adoption) individuals to manage and maintain the inn;

(d)

Number of guest rooms: No fewer than three and no more than eight rooms available for transient guest stays;

(e)

Length of stay: A minimum of one overnight stay and maximum length of 30 consecutive days; and

(f)

Services/amenities: Sleeping accommodations and breakfast provided for guests and included in the daily charge; and rooms shall not contain independent kitchen facilities unless the property is located within a zoning district that allows multi-family uses.

(g)

Non-exclusivity: This definition shall not exclude similar lawfully permitted uses existing at the time of the adoption of this definition or render them non-conforming.

(79)

Pawn shop: an establishment which offers in the regular course of business a "pawn transaction" as defined in O.C.G.A. § 44-12-139 as it exists nor or as it may be amended.

(80)

Electric vehicle infrastructure: The structures, machinery, and equipment necessary and integral to support an electric vehicle, including the electrical conduit and premises wiring requirements for the installation of electric vehicle supply equipment, as well as battery exchange stations.

(81)

Electric vehicle supply equipment (EVSE): The conductors, including the ungrounded, grounded, and equipment grounding conductors and the electric vehicle conductors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for purposes of delivering energy from the premises wiring to the electric vehicle, complying and conforming with National Electric Code Article 625 and Society of Automotive Engineers J1772 Standard or as such standard may be from time to time amended.

(82)

Battery exchange station: A facility where an electric vehicle with a swappable battery can enter and exchange its depleted battery with a fully charged battery through a fully automated process. Battery exchange other than by a fully automated process shall be considered repair and servicing of vehicles consistent with service station uses rather than a major automotive repair.

(83)

(a)

Urban garden: A lot, or any portion thereof, managed and maintained by a person or group of persons, for growing and harvesting, farming, community gardening, or any other use, which contributes to the production of agricultural, floricultural, or horticultural products for beautification, education, recreation, community use, consumption, off-site sale, or off-site donation. On-site sales are permitted. In residential zoning districts, urban gardens are permitted as an accessory use to any structure that serves as a permitted principal use, and urban gardens may be allowed as a principal use on undeveloped lots by a special administrative permit (SAP) in accordance with section 16-25.004. In all other zoning districts (nonresidential), urban gardens are allowed as a principal or accessory use without an SAP, unless otherwise expressly stated by that particular zoning district's regulations. The term urban garden does not include gardens located on lots with residential structures and grown for personal use of the residents of those lots.

Scope of provisions: Urban gardens must comply with all requirements set forth in the Atlanta City Code, unless otherwise expressly set forth herein.

Urban garden structures: Notwithstanding any provision in the Atlanta Zoning Ordinances to the contrary, hoop-houses, greenhouses, trellises, raised beds, tool sheds, and any other structure used by the urban garden for the purposes set forth in section 16-29.001(83)(a) are expressly allowed.

Machinery and equipment: Notwithstanding any provision in the Atlanta Zoning Ordinances to the contrary, machinery and equipment used by the urban garden for the purposes set forth in section 16-29.001(83)(a) are expressly allowed. When not in use, all such machinery and equipment (with the exception of machinery and equipment that is (i) intended for ordinary household use, (ii) borrowed or rented for a period not to exceed seven days, or (iii) located in an Urban Garden in I-1 Light Industrial District or I-2 Heavy Industrial District) shall be stored so as not to be visible from any public street, sidewalk, or right-of-way.

(b)

Market garden: A lot, or any portion thereof, managed and maintained by a person or group of persons for growing and harvesting, farming, community gardening, or any other use, which contributes to the production of agricultural, floricultural, or horticultural products for community supported agriculture or on-site sales. All products sold on-site must be grown on-site. In residential districts, a market garden is permitted as an accessory use on certain institutional lots. A market garden is permitted as a principal or accessory use in all other zoning districts.

Scope of provisions: Market gardens must comply with all requirements set forth in the Atlanta City Code, unless otherwise expressly set forth herein.

Market garden structures: Notwithstanding any provision in the Atlanta Zoning Ordinances to the contrary, hoop-houses, greenhouses, trellises, raised beds, tool sheds, and any other structure used by the market garden for the purposes set forth in section 16-29.001(83)(b) are expressly allowed.

Machinery and equipment: Notwithstanding any provision in the Atlanta Zoning Ordinances to the contrary, machinery and equipment used by the market garden for the purposes set forth in section 16-29.001(83)(b) are expressly allowed. When not in use, all such machinery and equipment (with the exception of machinery and equipment that is (i) intended for ordinary household use, (ii) borrowed or rented for a period not to exceed seven days, or (iii) located in a market garden in I-1 Light Industrial District or I-2 Heavy Industrial District) shall be stored so as not to be visible from any public street, sidewalk, or right-of-way.

Parking requirements: In zoning districts where there is no minimum parking requirement, there shall be no parking required. In all other districts, the market garden shall provide parking during the hours of operation at a rate of a minimum of two customer parking spaces, and a minimum of one garden personnel parking space, in any one or combination of the following means:

On-site parking(existing) shall be applicable toward meeting the required parking.

ii.

Off-site parking within 500 feet shall be applicable toward meeting the required parking. Legal on-street parking spaces shall also be eligible as off-site parking.

Sales hours: Market garden sales hours shall be between 7:00 a.m. to 9:00 p.m. Set up of sales operations shall begin no earlier than 6:00 a.m. and take-down and clean-up shall end no later than 10:00 p.m. Community supported agriculture (CSA) pickups are allowed at any time during the sales hours.

(84)

Recovered materials processing facility: A facility engaged solely in the storage, processing, and resale or reuse of recovered materials. Such term shall not include a solid waste handling facility; provided, however, any solid waste generated by such facility shall be subject to all applicable city, State of Georgia and federal laws and regulations relating to such solid waste. Recovered materials means those materials which have known use, reuse, or recycling potential; can be feasibly used, reused or recycled; and have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling, whether or not requiring subsequent separation and processing.

(85)

ATV parks: A parcel of land meeting the acreage and district requirements set forth in the district regulations on which the principal or accessory use is the driving of all terrain vehicles for recreational purposes by those other than the owner of the parcel.

(86)

Party house: A single-family, two-family, or multi-family dwelling unit and its premises that is used for a commercial event which includes a ceremony, reception, large scale gathering, or party that charges a fee for the use of the property or an entry fee, donation, or operation cost from its attendees to gain entry. This shall not include events for 501(c)(3) non-profits or business, civic, professional, or political organizations or campaigns.

Party houses are permitted in the following districts pursuant to the issuance of a special administrative permit or special use permit, as described in each of the district's regulations, so long as the property is not within 150 feet measured from property line to property line of properties zoned R-1, R-2, R-2A, R-2B, R-3, R-3A, R-4, R-4A, R-4B, R-5, RG, MR, or any property used for residential purposes:

Zoning District	Description
R-LC	Residential Limited Commercial
C-1	Community Business District
C-2	Commercial Service District
C-3	Commercial Residential District
C-4	Central Area Commercial Residential District
C-5	Central Business Support District
I-MIX	Industrial Mixed-Use District
NC	Neighborhood Commercial District
MRC	Mixed Residential Commercial District
SPI-1 Subareas 1, 2, 3, 5, 6, 7	Downtown
SPI-2	Fort McPherson
SPI-3 Subareas 4, 5, 6, 7, 8, 9	English Avenue
SPI-9	Buckhead Village
SPI-11 Subareas 1, 2, 3, 9, 10, 12	Vine City & Ashby Station
SPI-12	Buckhead/Lenox Stations
SPI-15	Lindbergh Transit Station Area (Commercial Subarea Only)
SPI-18 Subareas 1, 2, 10	Mechanicsville Neighborhood
SPI-19 Subareas 1, 2, 3, 4, 8, 9, 11	Vine City
SPI-20 Subareas 1, 3, 4	Greenbriar
SPI-21 Subareas 1, 2, 3, 8, 9, 10	Historic West End/Adair Park
SPI-22	Memorial Drive/Oakland Cemetery

Party houses are prohibited in the following districts as described in each district's regulations:

Zoning District	Description
R-1	R-1 Single-Family Residential District
R-2	R-2 Single Family Residential District
R-3	R-3 Single Family Residential District
R-3A	R-3A Single Family Residential District
R-4	R-4 Single Family Residential District
R-4A	R-4A Single Family Residential District
R-4B	R-4B Single Family Residential District
R-5	Two-Family Residential District
R-G	R-G Residential General District
O-I	Office-Institutional District Regulations
I-1	Light Industrial District
I-2	Heavy Industrial District
PD-H	Planned Development Housing District
PD-MU	Planned Development Mixed Use
PD-OC	Planned Development Office-Commercial
PD-BP	Planned Development Business Park
MR	Multi-Family Residential
SPI-1 Subareas 4	Downtown
SPI-3 Subareas 1, 2, 3	English Avenue
SPI-4	Ashview Heights and Atlanta Univ. Ctr.
SPI-5	Inman Park
SPI-6	Poncey-Highland
SPI-7	Candler Park
SPI-11 Subareas 4, 5, 6, 7, 8	Vine City and Ashby Station
SPI-15	Lindbergh Transit Station Area
SPI-17	Piedmont Avenue
SPI-18 Subareas 4, 5, 6, 7, 8, 9	Mechanicsville Neighborhood
SPI-19 Subareas 5, 6, 7	Vine City
SPI-20 Subareas 5, 6	Greenbriar
SPI-21 Subareas 5, 6, 7	Historic West End/Adair Park

(87)

Small Discount Variety Store: A retail establishment with a floor area less than 12,000 sq. ft. that offers a variety of consumer products including household goods, personal care products, entertainment products, electronics, and other consumer products, including food or beverages for off-premises consumption, and that sells these consumer products at a discounted rate. However, this definition of small discount variety store does not include: (1) grocery stores which offer full food choices including fresh fruit and vegetables; (2) stores which includes a pharmacy and pharmacy means any place of business of a pharmacist; (3) convenience stores which also sell gasoline as part of a service station; (4) beauty supply stores; (5) art supply stores; (6) office supply stores; (7) small retail stores typically less than 5,000 sq. ft. which are housed inside office buildings; or (8) stores permitted under Atlanta City Code Section 16-08.004(7)(a).

(88)

Short-term rental: means an accommodation where, in exchange for compensation, a residential dwelling unit is provided for lodging for a period of time not to exceed 30 consecutive days. An accessory dwelling unit may be used as short-term rental provided that the primary property owner resides onsite.

(89)

Commercial food preparation: A facility in which food is prepared, processed, canned, or packaged, for off-site consumption and/or sales where character of operations, emissions and by-products do not create adverse effects beyond the boundaries of the property. These facilities may be shared among various food preparers, processors, or producers.

(90)

Delivery-based commercial kitchen: A commercial establishment that provides kitchen and operating space to two or more businesses that prepare and sell food for same-day pickup and delivery where customers order the food using online and telephone sales and where the establishment does not serve dine-in customers or walk-up customers.

(91)

Data center: A facility engaged in the storage, management, processing, or transmission of digital data, which houses computer or network equipment, systems, servers, or appliances, and other associated components related to digital data operations.

(92)

Vape shop: Any business whose principal product line for retail sale is derived from any combination of the following:

(a)

"Alternative nicotine products" means any material that contains nicotine, but does not contain tobacco leaf, and is intended for human consumption, whether such material is chewed, absorbed, dissolved, or ingested by any other means. Such term shall include, but shall not be limited to, nicotine gel, pouches, or gum or dissolvable nicotine strips, sticks, lozenges, or pellets. Such term shall not include cigars, cigarettes, loose or smokeless tobacco, consumable vapor products, or any product regulated as a drug or therapeutic device by the United States Food and Drug Administration under Chapter V of the Federal Food, Drug, and Cosmetic Act. Ga. Code Ann. § 48-11-1

(b)

"Consumable vapor products" means any liquid solution, whether it contains nicotine or not, that is intended to be heated into an aerosol state and inhaled by an individual. Such term shall include, but shall not be limited to, e-liquid, e-juice, vape juice, and cartridges that are prefilled with such a solution. Such term shall not include any alternative nicotine product, cigar, cigarette, loose or smokeless tobacco, perfume, potpourri, essential oil, or product regulated as a drug or therapeutic device by the United States Food and Drug Administration under Chapter V of the Federal Food, Drug, and Cosmetic Act. Ga. Code Ann. § 48-11-1

(c)

"Vapor devices" any system or device developed or intended to deliver a consumable vapor product to an individual who inhales from the device. Such term shall include, but not be limited to, an electronic nicotine delivery system, an electronic cigarette, electronic cigar, electronic pipe, vape pen, vape tool, or electronic hookah. Such term shall not include a fragrance or essential oil diffuser, an air freshener, or any product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the Federal Food, Drug, and Cosmetic Act. Ga. Code Ann. § 48-11-1

(d)

"Consumable hemp products" mean a hemp product intended to be ingested, absorbed, or inhaled by humans or animals. Ga. Code Ann. § 2-23-3

For purposes of this code section, principal shall mean that the combined sales of alternative nicotine products, consumable vapor products, vapor devices, and consumable hemp products constitute at least 35 percent of the businesses' aggregate retail sales.

(93)

Elementary and secondary schools: public, private, or parochial school offering instruction at the elementary, junior, middle, or high school levels

(Code 1977, § 16-29.001; Ord. No. 1995-40, § 1, 8-14-95; Ord. No. 1995-42, § 1, 8-28-95; Ord. No. 1996-58, §§ 1—6, 8-26-96; Ord. No. 1996-83, § 3, 12-2-96; Ord. No. 1997-07, §§ 1, 2, 2-25-97; Ord. No. 1997-16, § 5, 4-14-97; Ord. No. 1999-67, § 2, 9-29-99; Ord. No. 1999-80, § 3, 11-9-99; Ord. No. 2002-26, § 1, 3-14-02; Ord. No. 2002-40, § 3, 5-28-02; Ord. No. 2002-81, § 1, 11-8-02; Ord. No. 2004-53, § 1, 8-20-04; Ord. No. 2004-91, § 1, 12-10-04; Ord. No. 2005-25, §§ 1—3, 5-9-05; Ord. No. 2005-41(06-O-0381), § 57, 7-12-05; Ord. No. 2007-48(07-O-0642), §§ 9—15, 8-23-07; Ord. No. 2007-58(07-O-1126), § 1, 10-22-07; Ord. No. 2008-62(06-O-0038), §§ 1, 2, 7-7-08; Ord. No. 2009-24(08-O-1251), §§ 1, 1A, 6-9-09; Ord. No. 2009-61(09-O-1076), §§ 1(1), 2(1), 3(1), 4(1), 5(1), 10-13-09; Ord. No. 2009-76(09-O-1402), § 1, 12-15-09; Ord. No. 2010-18(10-O-0314), § 2, 5-11-10; Ord. No. 2011-06(10-O-1238), §§ 1, 2, 3-2-11; Ord. No. 2011-39(10-O-1773), § 1, 9-15-11; Ord. No. 2014-53(14-O-1278), § 1(Attach. A), 12-10-14; Ord. No. 2014-22(14-O-1092), § 1, 6-11-14; Ord. No. 2015-51(15-O-1279), § 1, 10-28-15; Ord. No. 2015-59(15-O-1302), § 1, 11-25-15; Ord. No. 2017-05(16-O-1428), § 4, 1-26-17; Ord. No. 2017-19(16-O-1548), § 5, 5-1-17; Ord. No. 2018-25(18-O-1191), § 1, 7-11-18; Ord. No. 2019-09(18-O-1581), §§ 2.B—2.F, 10.1, 1-31-19; Ord. No. 2019-66(19-O-1504), § 1, 12-11-19; Ord. No. 2020-12(20-O-1140), § 6, 2-11-20; Ord. No. 2020-58(19-O-1393), § 1, 10-28-20; Ord. No. 2021-41(21-O-0235), § 1, 9-15-21; Ord. No. 2021-60(21-O-0682), § 1, 12-15-21; Ord. No. 2023-01(22-O-1209), §§ 1, 2, 1-26-23; Ord. No. 2024-36(24-O-1222), § 1, 9-4-24; Ord. No. 2025-10(24-O-1694), § 1, 4-21-25; Ord. No. 2025-26 (25-O-1098), §§ 1, 2, 7-7-25)