The following words and phrases when used in this chapter, shall have the meanings respectively ascribed to them in this section, except where the context otherwise requires.

Accessory building or structure means a building or structure subordinate to the principal use or building on a lot or property and serving a purpose customarily incidental to the use of the principal building, provided any such structure or building is built with or after the construction of the principal building. Where an accessory building or structure is attached to the principal building in a substantial manner, as by an attachment built as enclosed heated floor space, such accessory building or structure shall be considered part of the principal building.

Accessory retail uses means retail sales and services accessory to the operation of an office building or institutional use, motel, hotel or high-rise apartment development, conducted wholly within the building housing the use to which such activities are accessory. The floor space used or to be used for such secondary accessory retail uses shall be limited to a total of 25 square feet per dwelling unit in a high-rise apartment development or 25 square feet per room in a hotel or motel, or ten percent of the net floor area in an office building or institutional use, and provided that:

(1)

Every public entrance to such a use shall be from a lobby, hallway or other interior portion of the primary use structure;

(2)

No show window, advertising or display shall be visible from the exterior of the primary use structure; and

(3)

No merchandise shall be stored or displayed outside of the primary use structure.

However, the requirements of subsections (1) and (2) of this definition shall not apply to restaurants and cafeterias secondary to a hotel or motel and office building or institutional use; these secondary uses may be located in a structure other than the primary use structure. The following secondary uses are permitted: barbershops, beauty shops, laundry and dry-cleaning pickup and distribution stations and other similar personal service establishments, drugstores, bookstores, florists, convenience food stores, gift shops, cafeterias and restaurants, private clubs, laundry facilities for the convenience of residents, and newsstands. However, the total net floor space for such secondary building or structure uses shall be limited to 6,000 square feet.

Accessory uses means uses subordinate to the principal use or building on a lot and serving a purpose customarily incidental to the use of the principal building, provided any such use is built with or after the construction of the principal building. Such uses include garbage pads, heating and air conditioning units, Jacuzzis, tennis courts, swimming pools (private), playhouses, playgrounds and the like.

Adult means any person over the age of 18 years or legally emancipated in the state.

Adult entertainment has the meaning provided in section 10-174.

Agricultural produce stand means a structure not greater than 1,000 square feet for the purpose of seasonal sales of products grown or produced on the premises on which it is located.

Agriculture means land, including necessary buildings and structures, that are considered used for agriculture if not composed of subdivision lots and if the raising of crops or animals is the principal use of the property.

Alley means a public or private way, at the rear or side of property, permanently reserved as a means of secondary vehicular access to abutting property. Frontage on an alley shall not be construed as satisfying the requirements of this chapter related to frontage on a dedicated street.

Amusement center means any freestanding, privately-owned and -operated commercial recreational area containing an assortment of rides, games, arcades, attractions, water slides, and tracks for amusement vehicles.

Ancillary retail sales (industrial districts) means retail sale of goods and services which is secondary in nature to the primary industrial use of the property in that the goods for sale have been produced on-site or are in storage at the site for planned distribution to other areas. The ancillary retail sale of goods shall only be conducted as part of the permitted industrial use and shall not be a freestanding business.

Ancillary sales, golf course, means the sale of food, beverages, sports apparel and accessories, and those items traditionally sold within a pro shop or clubhouse.

Animal hospital means any veterinary hospital or clinic, excluding open kennels on the premises, provided that all structures shall be located at least 200 feet from any property zoned or used for residential purposes.

Animal shows means exhibitions of domestic or large animals for a maximum of seven days.

Antenna means an apparatus capable of receiving television, radio or other communication signals from a transmitter or a relay feed.

Apartment means a leased residential unit in a multifamily building or development.

Apartment operation means an individual or coordinated ownership of two or more apartments in a multifamily building or a multifamily development with coordinated use of leasing agents or other leasing services.

Arcade means a building or part of a building in which five or more pinball machines, video games or other children's rides or other similar player-operated amusement devices are maintained, not including commercial recreation restaurants.

Automobile service station, gas station and filling station mean a building or structure used for the retail sale and dispensing of fuel, lubricants, tires, batteries, accessories and supplies, including installation and minor services customarily incidental thereto. Facilities for washing and for chassis and gear lubrication of vehicles are permitted, if enclosed in a building.

Automobile storage yard and wrecker service mean an establishment used for the short-term storage of damaged or confiscated vehicles.

Automotive paint and body repair shop means an establishment for restoring auto bodies, painting or refinishing, with all activities carried on entirely within an enclosed building.

Automotive salvage and wrecking yard means any place where two or more motor vehicles not in running condition, or parts thereof, are stored in the open and are not being restored to operation, or any land, building or structure used for wrecking or storing of such motor vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition, and including the commercial salvaging of any other goods, articles or merchandise.

Basement means a portion of a building partly underground which has more than one-half of its height, measured from finished floor to finished ceiling, above the average grade of the adjoining ground. A basement shall not be deemed a story unless the ceiling is six feet or more above the grade, or unless it is part of any permitted self-service storage facility.

Biomedical waste transfer and disposal facility means a facility engineered and designed for the collection or transfer of biomedical waste products, such as used gauze, syringes, needles, bandages, test tubes and surgical wastes, from a collector vehicle to a larger transport vehicle to another destination for incineration or disposal.

Block means an area of land bounded (surrounded on all sides) by streets or by a combination of streets and public land, railroad rights-of-way, waterways, or any other barrier to the continuity of development.

Block width means the distance as measured along rear property lines between intersecting streets.

Boardinghouse means a building where lodging only is provided for compensation to three or more, but not exceeding 15 persons.

Buffer means an area which serves as a visual or physical barrier which is created by the use of planted or natural existing materials alone or in combination with berms, decorative fencing or walls.

Buffer area means an area set aside to give additional setback from adjacent structures or types of land use or to preserve open, undisturbed space and may include a restrictive covenant in favor of the city for conservation uses.

Building means any structure designed or built for the support, enclosure, shelter or protection of persons, animals or property of any kind.

Building frontage means the length of any side of a building which fronts on a public street, measured in a straight line parallel with the abutting street.

Building height (height of structure or building) means the vertical distance from the curb level, or its equivalent, to the highest point of the underside of the ceiling beams, in the case of a flat roof; to the deck line of a mansard roof; and to the mean level of the underside of the rafters between the eaves and the ridge of a gable, hip or gambrel roof. Where no curb level has been established, the height of the building may be measured from the mean elevation of the finished lot grade at the front entrance of the building.

Building line means the perimeter of that portion of the building or structure nearest a property line, but excluding open steps, terraces, cornices and other ornamental features projecting from the walls of the building or structure. For the purposes of this chapter, the foundation wall of a building, excluding brick, stucco, stone, or other siding material, shall constitute the perimeter as described in this definition, except that cantilevered portions of a building, excluding roof eaves and overhangs, chimneys, bay windows and the brick, stucco, stone or other siding material applied thereon, must be within a building line established in this chapter.

Carwash means a building, or portion thereof, where automobiles are washed with the use of a chain conveyor and blower, automated or mechanized washers or a handheld steam cleaning device, including coin operated facilities, and money is charged or collected for the service.

Cellar means a portion of a building partly underground which has less than one-half of its height, measured from finished floor to finished ceiling, above the average grade of the adjoining ground. A cellar shall not be deemed a story.

Central Business District (CBD) means the district which encourages the intensive development of a centralized business center for the city through uses, which will benefit from close proximity to one another. The CBD boundaries are shown on the official zoning map of the city.

Christmas tree sales means retail sales of Christmas trees between Thanksgiving and December 26.

Church means any building whose primary function is to serve as a place of worship and within which religious education and related activities may be conducted as an accessory use.

Circus and carnival mean provision of games, eating and drinking facilities, live entertainment, animal exhibitions or similar activities in a tent or other temporary structure for a maximum of seven days. The terms "circus" and "carnival" do not include events conducted in a permanent entertainment facility.

Clinic means a medical or dental clinic is an organization of specializing physicians or dentists, or both, who have their offices in a common building, including laboratory facilities in conjunction with normal clinic services but not including overnight stay of patients.

Club orlodge, private, means a building and facilities owned or operated by a corporation, association or person for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business and shall not include amenity packages and areas of subdivisions.

Clubhouse means a structure providing ancillary uses and sales, such structure to be in proportion to the overall golf facilities, not exceeding 1,600 square feet, with annual gross revenue from golf ball rental exceeding annual gross revenue from ancillary sales. The owner or operator shall maintain accurate accounting records, which shall be available for inspection by city officials.

Commercial filming, limited, means commercial motion picture or video photography at the same location six or fewer consecutive days per quarter of a calendar year in residential districts or fewer than 15 days per quarter of a calendar year in nonresidential districts.

Commercial indoor recreation uses means indoor recreational uses such as bowling alleys, driving ranges, batting cages, shooting ranges and the like.

Commercial outdoor recreation uses means outdoor recreation uses such as baseball and softball batting cages, shooting ranges, miniature golf, putt-putt golf and the like.

Commercial recreation restaurant means any establishment which provides, as a principal use, the combination of family-oriented recreation and on-premises dining where neither the recreation nor the on-premises dining is clearly accessory or incidental to the operation of the other. For the purpose of this definition, the term "recreation" may include, but is not limited to:

(1)

Television and motion pictures;

(2)

Sound and sight systems;

(3)

Mechanically or electronically operated games;

(4)

Animated mechanical devices or rides; and

(5)

Live entertainment.

Commissioner means the state commissioner of community affairs.

Community activity center means a facility that provides areas that can meet the immediate needs of several neighborhoods or communities. Typical land uses for these areas include low- to mid-rise office buildings and department stores.

Community center means a place, structure, area or other facility used for and providing religious, fraternal, social or recreational programs generally open to the public and designed to accommodate and serve significant segments of the community.

Community fair means a festival or fair such as the North Georgia State Fair conducted wholly within public areas owned by the city, provided that any activity is conducted at least 200 feet from any property line. No event shall exceed 21 days.

Community retail uses means commonly found low scale and low intensity retail uses that offer basic services and frequently purchased goods to the immediate surrounding residential areas, such as the following: auto parts store, antique shop, appliance store (home use), bakery, barber shop or beauty shop, beverage shop, bookstore (but not including adult bookstores), bridal shop, camera shop, china and pottery store, clothing store, dance studio, delicatessen, dog grooming shop, draperies and interior decorating supplies, drug store, dry goods store, florist, furniture store, gifts and stationery store, hardware store, jewelry store, manicurist shop, meat market or butcher shop, millinery store, mimeograph and letter shop, music store, paint store, pedicurist shop, shoe repair shop, shoe store, sporting goods store, supermarket or grocery, tailor shop, toy store, variety shop or video store.

Component means any assembly, subassembly or combination of parts for use as a part of a building, which may include structural, electrical, plumbing, mechanical, and fire protection systems and other systems affecting health and safety.

Condominium means individual ownership of units in a multifamily structure, together with the joint ownership of common areas of the building and grounds.

Connectivity means the level or extent to which one or more land uses and parcels within the development have direct accommodations for both vehicles and pedestrians to travel between or among those land uses, and direct vehicular and pedestrian connections with compatible land uses on abutting properties. Direct accommodations for vehicles means that there is one or more alley, road, or driveway connection between the uses on the development site and among compatible uses on abutting sites (parcels), so that a vehicle can exit one development and enter the other development (i.e., cross property lines) without exiting onto a public street that provides principal access to the developments.

Continuing care retirement community means a community designed for and occupied by those persons age 55 and older as defined by the Fair Housing Act as may be amended from time to time and those persons with disabilities as defined by the Americans With Disabilities Act (ADA), as may be amended from time to time, that provide a range of housing and lifestyle needs, including independent living, assisted living, and skilled nursing care in an integrated system. CCRC residents are provided housing, services, healthful activities and care through the continuing care contract. The contract sets forth the accommodations, services, amenities and care the facility is to provide, and the financial obligations of the residents. The contract must allow for movement between the lifestyle choices (levels of support) as the individual resident's needs evolve (providing the resident meets contract obligations).

Convenience food store with self-service fuel sales means any retail establishment offering for sale automotive fuels, prepackaged food products, beverages, household items and other goods commonly associated with such establishments and having a gross floor area of no more than 3,000 square feet. There shall be no automotive repairs done on-site.

Conviction means adjudication of guilt, plea of guilty, plea of nolo contendere or the forfeiture of a bond when charged with a crime, but shall not include a discharge under the provisions of what is commonly called the State of Georgia First Offender Act.

Cultural facility, private, means a private building or facility such as art galleries, museums, legitimate theaters (other than motion picture or video theaters), libraries and other uses similar in character to such uses.

Curb cut means any interruption or break in the lines of a street curb for the purpose of connecting a driveway to a street or otherwise to provide vehicular access to abutting property.

Customary home occupation means those occupations, which are customarily performed in a small area of a residence due to the low intensity nature of such uses, subject to the following requirements:

(1)

There shall be no exterior evidence of the home occupation, including, but not limited to, any type of identifying signs.

(2)

No article, product or service used or sold in connection with such activity shall be other than those normally found on the premises.

(3)

No mechanical equipment shall be used for such occupation, except such equipment as is customary for purely household and hobby purposes.

(4)

Such use shall be conducted entirely within the dwelling unit and only persons living in the dwelling unit shall be employed in such occupation.

(5)

No more than 25 percent of the dwelling unit may be used for the operation.

(6)

No materials, equipment or business vehicles may be stored or parked on the premises, except that one business vehicle, used exclusively by the resident may be parked in a carport, garage, or rear or side yard. The off-site employees of the resident shall not congregate on the premises for any purpose concerning the business of home occupation.

(7)

There shall be no deliveries of supplies for use in the home occupation or pickups of the items produced by the occupant by commercial carrier.

(8)

No clients or customers are allowed on the premises, except for one chair beauty salon and individual instruction, such as tutoring, musical lessons and the like, for the purpose of supplementing an income.

DUA means dwelling units per acre.

Deck means a roofless accessory attached or detached platform without exterior walls, generally constructed of wood, which adjoins a residence. Rails or safety features shall not be deemed to be exterior walls.

Designated recycling collection location means metal or heavy-duty plastic containers, bins or dumpsters designed for short-term holding of pre-bagged recyclable items such as tin, aluminum, glass and paper (no perishable or food items allowed) for scheduled minimum monthly pickup, with no on-premises sorting. The center must be maintained in a safe, clean, neat and sanitary fashion and shall not encompass an area larger than 280 square feet. Such location:

(1)

Shall be visually screened and maintained.

(2)

Shall be within the building setbacks unless otherwise approved by the building official or his designee due to topography, safety, internal traffic flow, site distance or for other site-related circumstances not created by the property owner.

(3)

Must be permitted through the zoning administrator at no charge.

Disabled means having a physical or mental impairment that substantially limits one or more of such person's major life activities, having a record of having such an impairment or being regarded as having such an impairment. The term "disabled" does not include persons who currently use illegal controlled substances, persons who have been convicted of the illegal manufacture or distribution or controlled substances, sex offenders, and juvenile offenders or persons with or without disabilities who present a direct threat to the persons or property of others.

Distance and measurement. The distance from the proposed premises of an adult entertainment establishment shall be the measurement in linear feet from the center of any door of customer entry of the proposed premises of the adult entertainment establishment to the nearest property line of any church, library, school, college, public park, residence or hospital. If the establishment is not on ground level, then the beginning point for measuring the distance shall be the point at ground level determined by measuring from the center of any door of customer entry perpendicular to the ground level. A radius shall be measured from the center of any door of customer entry of the proposed premises to the nearest property line of any church, library, school, college, public park, residence or hospital.

Drive-in establishment means an establishment which is designed to provide, either wholly or in part, service to customers while in their automobiles parked upon the premises.

Driving range (outdoor) means a tract of land as an accessory use dedicated to driving of golf balls off tees into a designated landing area. An additional five acres, above and beyond the required acreage for the golf course, shall be required where the driving range is internal to the golf course. Buffering, netting and setbacks shall not be required when the range is internal.

Dwelling, multifamily, means a building designed for and containing three or more dwelling units.

Dwelling, single-family, means a building designed for and containing one dwelling unit.

Dwelling, single-family, attached, means a dwelling unit which is located on an individual lot of record and which is attached to another dwelling unit or an adjoining lot by a common party wall.

Dwelling, two-family (duplex), means a building designed for and containing two dwelling units.

Dwelling unit means one or more rooms, which are arranged, designed or used as living quarters for one family, or two or fewer unrelated adults and their children or grandchildren or by a family and up to two persons who are not family members.

(1)

A dwelling unit shall have an interior bathroom and complete kitchen facilities, permanently installed.

(2)

A dwelling unit shall have at least 390 square feet of total building square footage (as determined and maintained in the records of the Cobb County tax assessor) per each adult occupant.

(3)

No more than one vehicle per 390 square feet of total building square footage may be parked regularly overnight at or within the right-of-way adjacent to a dwelling unit. The term "regularly" means a majority of nights in any seven-day period.

Exceptions to subsections (2) and (3) of this definition may be considered as part of a land use permit.

Executive golf course means a tract of land not less than 65 acres in size dedicated for playing an 18-hole game of golf, which is open to the general public or for private club use. The par shall not be less than 58 from the men's tees as governed by the United States Golf Association. Further, the golf course shall not measure less than 4,000 yards from the men's tees as governed by the United States Golf Association.

Extended stay motel and hotel means one or more buildings in which lodgings or dwellings are provided for tenants, wherein the term of stay is designed for more than one night's lodging. Rental units consist of one or more rooms, plus a bath, without separate kitchen facilities common to apartments. Any atypical motel or hotel unit used as an apartment. Included, but not by way of limitation, in distinguishing extended stay facilities from apartments or hotels are:

(1)

Weekly rental rates, as opposed to nightly charge with 24-hour check-in/check-out periods.

(2)

Whether daily mail service is provided.

(3)

Whether linens, towels and the like usually found in motels and hotels are furnished.

(4)

Any other factors, which tend to demonstrate that the business depends upon extended tenant occupancy, excluding property zoned apartments.

Family means one or more persons related by blood, legal adoption, or marriage, or two or fewer unrelated adults, occupying a dwelling. Related persons are all related to each other within the fourth degree, as defined in O.C.G.A. § 53-2-1, which includes parents, children, grandparents, grandchildren, brothers and sisters. State-authorized foster children of a family member shall also be deemed a member of the family for this purpose.

Floodplain means that area subject to a one percent or greater chance of flooding in any given year or as may be defined from time to time by the Federal Emergency Management Agency (FEMA) and its successors.

Floor area means the gross horizontal area of the several floors of a building, exclusive of garages, basements, open porches and equipment and service areas, measured from the exterior face of the exterior walls of a building. When determining floor area or floor area ratio for self-service storage facilities, the gross horizontal area of the several floors of a building shall include garages, basements, open porches and equipment and service areas, measured from the exterior face of the exterior walls of a building.

Floor area ratio means a mathematical expression determined by dividing the total floor area of a building by the area of the lot on which it is located, as follows: floor area/lot area equals floor area ratio.

Fraternity house orsorority house means a dwelling maintained exclusively for members affiliated with an academic or professional college or university, or other recognized institution of higher learning.

Freestanding climate controlled self-service storage facilities means climate controlled self-service storage facilities that are not complementary or accessory to an office park or building but rather on a separate, individual parcel.

Frontage, lot, means the distance for which the front property line of the lot and the street line are coincident.

Future right-of-way. means the distance required by the thoroughfare plan and shall be as follows:

(1)

Arterial streets: 100-foot right-of-way width.

(2)

Major collector streets: 80-foot right-of-way width.

(3)

Minor collector streets: 60-foot right-of-way width.

The thoroughfare plan is deemed and considered to be that plan designated "Thoroughfare Plan," prepared under the direction of the city, as amended from time to time.

Game room shall have the meaning provided in section 10-438.

Garage means a structure or any portion thereof in which one or more automobiles are housed, kept or repaired, not including exhibition or showrooms, or storage of cars for sale.

Grade means an average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.

Group home means a dwelling unit, operated by an affiliate of a national, regional, state or county organization with a philanthropic mission, shared by four or fewer persons, excluding resident staff, who live together as a single housekeeping unit and in a long-term, family-like environment in which staff persons provide care, education and participation in community activities, under a structured and scheduled plan that must be provided to the city, for the residents with the primary goal of enabling the residents to live as independently as possible in order to reach their maximum potential under the direction and guidance of a designated managing caregiver, designated as such by the affiliate organization, who must be a resident of the group home and available by telephone on a 24-hour basis in case of complaints. a copy of the home rules shall be provided to the city as well as (if applicable) evidence of active enforcement under the state association of recovery residence standards. The schedule of activities may be verified via periodic inspection by community affairs staff. The term "group home" shall not include a halfway house, a treatment center for alcoholism or drug abuse, a work release facility for convicts or ex-convicts, a home for the detention or rehabilitation of juveniles adjudged delinquent or unruly and placed in the custody of the state, or other housing facilities serving as an alternative to incarceration. The term "group home" shall also not allow the use of the dwelling as an apartment or duplex. A group home shall not allow use of the dwelling as a home for individuals on parole, probation, or convicted and released from incarceration, for any crimes including child molestation, aggravated child molestation, or child sexual abuse, as defined in O.C.G.A. § 16-6-4 or individuals required to register as sex offenders pursuant to O.C.G.A. § 42-1-12. A group home may include a home for the handicapped.

Halfway house means any dwelling used as a residence by individuals on parole, probation, or serving a criminal sentence on condition of house arrest, for the purpose of rehabilitation of the individual while transitioning back into the community. Halfway houses shall not be located within 1,000 feet of any child care facility, private or public school, church, school bus stop, public or private playground and parks or swimming pools, or other areas where minors congregate as defined in O.C.G.A. § 42-1-12(a)(3). Halfway houses are not allowed in any zoning district, except by a special land use permit (SLUP) granted by the mayor and council. Applications for special land use permits for halfway houses shall comply with the provisions of O.C.G.A. § 36-66-4(f).

Heavy automotive repair establishment means an indoor repair establishment for performing automotive and truck repair, including engine and transmission overhauls.

Heavy manufacturing establishment means manufacturing establishments, other than those classified as light manufacturing, including those involving the conversion of raw materials into usable finished products, provided that manufacturing that will generate liquid waste from the manufacturing process or air pollutants shall comply with antipollution standards established by the state, county, and city.

High-rise apartment development means a building or buildings of at least four stories or 45 feet in height located on a tract of land of at least two acres and developed in accordance with other applicable city regulations.

Home occupation. See Customary home occupation.

Hospital means a building or portion thereof designed or used for therapeutic treatment of bed patients who are physically or mentally ill.

Hotel means a building in which lodging, or board and lodging, are provided for 15 or more transient guests, and offered to the public for compensation, and in which ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all hours.

Impervious surface means a permanent improvement affixed to the earth, which does not allow water or liquid to pass through it or permeate into the earth. For the purposes of this chapter, the term "impervious surface" includes structures (principal and accessory), parking lots, driveways, walkways, non-wooden pool decks and the like.

In-home day care means childcare provided within single-family districts subject to the following limitations:

(1)

There shall be a maximum of six children for whom compensation is received;

(2)

For purpose of this definition only, children who are related by direct blood kin or adoption to the child care provider shall not be included in the calculation of the six-child limitation;

(3)

The childcare shall not create a nuisance to immediately adjacent property owners;

(4)

Off-street parking must provide for child pickup and drop-off;

(5)

There shall be no employees; and

(6)

No signage allowed.

Industrialized building means any structure or component thereof which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to or destruction thereof.

Installation means the assembly of an industrialized building on-site and the process of affixing the industrialized building, component or system to land, a foundation, footings or an existing building.

Landfill, private, means a disposal site employing an engineering method of disposing of solid wastes in a manner that minimizes environmental hazards by spreading, compacting to the smallest volume, and applying cover material over all exposed waste at the end of the operating day.

Landing area means area located in front of the tee box required by this chapter to be designated and designed as a location for golf balls hit from permitted tees to travel and land safely.

Landscape feature means any structure designed to enhance the aesthetic value of the exterior horticultural landscape such as a gazebo, statue, arbor or the like. Landscape feature also means any small body of water designed to enhance the aesthetic value of the exterior horticultural landscape such as a fountain, pond (which may house domestic or recreational fish, excluding livestock, nondomestic and wild animals and poultry), waterfall and the like.

Light automotive repair establishment means an indoor repair establishment (no outside storage) for performing light auto and small truck repair (under one ton) such as brakes, oil changes, lubrication, transmission, belts, hoses, inspections and the like.

Light manufacturing establishment means an establishment for production, processing, assembly, manufacturing, compounding, preparation, cleaning, servicing, testing or repair of materials, goods or products; however, the manufacturing and production of any product which emits noxious noise, odor or fumes, bulk storage of flammable materials for resale, and other heavy manufacturing uses listed herein shall not be permitted.

Live entertainment means music, comedy, readings, dancing, acting or other entertainment, excluding adult entertainment, performed on the site. The term "live entertainment" includes dancing by patrons to live or recorded music.

Livestock, nondomestic and wild animals, and poultry means animals, nondomestic and wild animals, and species of the avian family which are or may be raised for the purpose of providing food or transportation, or being resold or bred, excluding only dogs, cats, rabbits, fish, pet mice, hamsters, gerbils, parrots and parakeets.

(1)

Such animals shall only be permitted on a lot containing not less than two acres.

(2)

All buildings used for animals shall be set back not less than 200 feet from any property line.

(3)

All animals shall be maintained at least 25 feet from any residential property line.

(4)

Except in the RR district, there shall be not less than 5,000 square feet of fenced lot area not covered by the principal structure for each animal, unless the property is a bona fide farm.

(5)

These rules are effective with respect to new construction, not existing uses.

(6)

In the event of non-domestic or wild animals, all state and federal requirements must be met and a special land use permit is required.

Lot means a parcel of land, whether or not platted, in single ownership, and not divided by a street.

Lot, corner, means a lot fronting on two streets at their intersection, provided that the interior angle formed by the intersection is less than 135 degrees. When the frontage of one street exceeds the frontage of the other, the one with the least frontage shall be deemed the front of the lot.

Lot, double frontage, means a lot, other than a corner lot which has frontage on two streets.

Lot coverage means the percentage of a lot, which may be covered with permitted, or accessory buildings or structures, excluding walks, drives and other similar uses, and recreational facilities, which are accessory to a permitted use.

Lot depth means the average horizontal distance between the front and rear lot lines.

Lot frontage means the distance for which the boundary line of a lot and a street right-of-way line are coincident.

Lot of record means a lot, which is part of an approved subdivision, a plat of which has been recorded in the office of the clerk of the superior court of the county.

Lot width means the distance between the side lot lines measured along the front building line of the lot as determined by the prescribed front yard requirement.

Maintained natural buffer means a designated area that may be enhanced with plantings ecologically compatible to the area, which may not be clear-cut, mowed or otherwise disturbed. Only dead, dying, diseased or invasive vines or plants may be removed from the buffer. No storage, or structures, or other non-growing items may be placed in the buffer. Invisible fencing (i.e., electronic underground fencing for containment of animals), is acceptable within the buffer when on individual residential lots.

Major thoroughfare means a street or highway designated an arterial thoroughfare upon the thoroughfare plan of the city.

Manufacture means the process of making, fabricating, constructing, forming or assembling a product from raw, unfinished or semi-finished materials.

Manufactured home.

(1)

Class I manufactured home means a single-family dwelling unit that is constructed in accordance with the Federal Manufactured Home Construction and Safety Standards and bears an insignia issued by the U.S. Department of Housing and Urban Development (HUD), or one, if constructed prior to applicability of such standards and insignia requirements, that was constructed in conformity with the state standards in effect on the date of manufacture.

(2)

Class II manufactured home means a unit meeting the requirements of a manufactured home Class I and, in addition, bearing an insignia of the Southern Standard Building Code Congress International (SSBCCI) of Birmingham, Alabama.

Mining means a process involving the removal or extraction of dirt, sand, soil, rock, gravel, minerals, petroleum, natural gas or other natural resources.

Minor means any person who has not attained the age of 21 years.

Minor thoroughfare means a street or highway designated as a collector thoroughfare upon the thoroughfare plan of the city.

Mobile home means a detached, single-family dwelling designed for long-term occupancy, designed to be transported on its own wheels, arriving at the site as a complete dwelling unit, usually including major appliances and furniture, and ready for occupancy. Removal of the wheels and placement on a foundation does not change its classification. A travel trailer is not a mobile home.

Mobile home park means a parcel of land, which has been planned and improved for the placement of mobile homes for nontransient use.

Modular building means a factory-manufactured single-family dwelling, which is constructed in one or more sections and complies with the definition of the term "industrialized building."

Modular home means a factory-fabricated transportable building consisting of units designed to be incorporated at a building site on a permanent foundation into a permanent structure to be used for residential purposes.

Motel means a building in which lodging, or board and lodging, are provided for transient guests and offered to the motoring public for compensation, in which ingress and egress to and from all rooms are made primarily direct from an exterior walkway rather than from an inside lobby. Kitchenettes or kitchen facilities are prohibited.

Neighborhood activity center means the category for which the purpose is to provide for areas that serve neighborhood residents and businesses. Typical land uses for these areas include small offices, limited retail uses and grocery stores.

Neighborhood retail uses means commonly found low scale and low intensity retail uses (with square footages in accordance with the use limitations established within the individual zoning districts of this chapter) that offer basic services and frequently purchased goods to the immediate surrounding residential areas, such as, but not limited to, an auto parts store, antique shop, appliance store (home use), bakery, barbershop or beauty shop, beverage shop, bookstore (but not including adult bookstore), bridal shop, camera shop, china and pottery store, clothing store, dance studio, delicatessen, dog grooming shop, draperies and interior decorating supplies, drugstore, hardware store, dry goods store, florist, furniture store, gifts and stationery store, jewelry store, manicurist shop, meat market or butcher shop, millinery store, mimeograph and letter shop, music store, novelty shop, paint store, pedicurist shop, shoe repair shop, shoe store, sporting goods store, supermarket or grocery, tailor shop, toy store, variety shop or video store.

Nightclub means an establishment which operates with its primary income generation from the sales of alcoholic beverages and which may offer live entertainment.

Nonautomotive repair uses means commonly found low intensity repair shops, such as, but not limited to, shops for repair of jewelry, cameras, home appliances, televisions and videocassette recorders.

Noncommercial club or lodge means a nonprofit club or organization as defined under section 501 of the Internal Revenue Code, as amended from time to time.

Nonconforming use means any building or land lawfully occupied by a use at the time of passage of the ordinance from which this chapter is derived or the time of passage of an amendment to this chapter, which does not conform after the passage of such ordinance or amendment with the regulations of the district in which it is situated. Existing improvements which do not meet required parking and loading regulations, height regulations, area regulations and residential floor area regulations for the district in which they are located are not nonconforming uses.

Nursing home means a home for aged or ill persons in which three or more persons not of the immediate family are provided with food, shelter and care for compensation; but not including hospitals, clinics or similar institutions devoted primarily to diagnosis and treatment.

Office service and supply establishment means wholesale and retail commercial establishments that sell, service and supply small office equipment and supplies, such as, but not limited to, stores that offer sales of copiers, facsimile machines, typewriters, ribbons, transcribers, dictation equipment, tape, staplers and other general office equipment.

Open space means any front, side or rear yards, courts or usable open space provided about a building in order to meet the requirements of this chapter.

Other consumer goods and services means businesses which cater to consumers, providing goods and services such as the following: awning shops and sales, burglar alarm systems, clothing (secondhand), exhibition houses, furniture, home furnishings, equipment and appliances (secondhand), glass, mirrors, lawn mowers and small motors, trading stamp redemption centers and the like.

Other places of worship means locations such as a monastery, convent, novitiate, parish house, parsonage, rectory or manse.

Other service establishments means businesses or locations catering to specialty services, such as an auction house or store, cabinetmaker, caterer, delivery and express service, driving school (private), fur repair and storage, gunsmith shop, locksmith shop, safe and vault repair, scientific instrument repair, taxidermist, tool sharpener and the like.

Pain clinic andpain management clinic means any clinic, medical practitioner's office or pharmacy that is not affiliated with a hospital, hospice, or other facility for treatment of the terminally ill in the city, and that also advertises in any medium for any type of pain management services. The primary business purpose of such pain clinics and pain management clinic is to prescribe and dispense prescription pain medication and controlled substances to individuals for the treatment of chronic nonmalignant pain.

Par 3 golf course means a tract of land not less than 40 acres in size dedicated for playing an 18-hole game of golf, which is open to the general public or for private club use. The par shall not be less than 27 for nine holes or 54 for 18 holes from the men's tees as governed by the United States Golf Association. Further, the golf course shall not measure less than 1,750 yards or greater than 3,500 yards.

Park means any lands or facility owned, operated, controlled or managed by any county, city or federal government or any governmental entity in and upon which recreational activities or places are provided for the recreation and enjoyment of the general public.

Parking for vehicles means to provide a location for on-site parking of automobiles, trucks and recreational vehicles, with a manufacturer's gross vehicle weight of less than 12,500 pounds as shown on the door of the vehicle, or on the tag receipt. This restriction shall not apply to vehicles parked on church property, which are operated exclusively for church use.

Parking lot or garage means an area or building designated and designed for the temporary storage of motor vehicles for a fee or as a service.

Parking space means a usable hard-surfaced area enclosed within a main or accessory building, or unenclosed, and permanently reserved for the temporary storage of one vehicle and connected with a public street or alley by a surfaced driveway, which affords safe and adequate ingress and egress.

Personal property sales means sales of personal property such as estate sales, yard sales, bakery sales, garage sales, bazaars and the like, three weekends per calendar year, not to exceed three days per sale.

Personal vehicle and equipment sales means the sale, offer to sell, or marketing for sale of any vehicle, motor vehicle, trailer, tractor, special mobile equipment, camper, motor home, motorcycle, moped, recreational vehicle, off-road vehicle, or boat where such sale, offer to sell, or marketing for sale occurs on property whose principal use is not for the sale of vehicles and equipment. No more than three personal vehicle and equipment sales shall be allowed per calendar year on any one parcel of property.

Pervious surface means materials that permit water to enter the ground by virtue of their porous nature or by large spaces in the material. For the purposes of this chapter, the term "pervious surface" includes gravel, permeable concrete, permeable asphalt and permeable pavers or bricks.

Planned development means a tract of land developed initially under single ownership or control, the development of which is unique and of a substantially different character than that of surrounding areas. Such development shall be based on a plan, which allows for flexibility of design not available under normal zoning district requirements.

Planning and zoning commission means the city planning and zoning commission.

Principal use means the primary use and chief purpose of a lot or structure.

Private golf course means a tract of land not less than 115 acres in size dedicated for playing the game of golf, which is open to the private club's membership and their guests and special events. The par shall not be less than 68 from the men's tees as governed by the United States Golf Association. Further, the golf course shall not measure less than 5,500 yards from the men's tees as governed by the United States Golf Association.

Private park means any lands or facilities owned, operated, controlled or managed by an individual in and upon which recreational activities or places are provided for the recreation and enjoyment of the property owner.

Pro shop means an ancillary structure or area provided for sale or supply of equipment associated with the primary permitted or accessory recreational use.

Professional office means a structure wherein services are performed involving predominately administrative, professional or clerical operations such as the following: law, doctor, optician, audiologist, accounting, tax preparation, real estate, stockbroker, architect, engineer, manufacturer representative, professional counselor, dentist, investigative services, photographer, insurance, contractor, land surveyor, telephone sales, political or campaign, veterinarian, travel bureau, and the like.

Public golf course and semipublicgolf course mean a tract of land not less than 125 acres in size dedicated for playing an 18-hole game of golf, which is open to the general public for play. The par shall not be less than 70 from the men's tees as governed by the United States Golf Association. Further, the golf course shall not measure less than 6,000 yards from the men's tees as governed by the United States Golf Association.

Rear of the principal building means that point where the main portion of the building ends, without consideration of wings or annexes, which are not parallel to the main portion of the building.

Recycling center means a center or location designed for sorting or collection of recyclables from designated recycling collection locations and other private entity sources.

Regional shopping center means a group of commercial enterprises offering a range of commercial goods and services in an aggregate of 500,000 square feet or more of net floor area which:

(1)

Are designed as a single commercial group, whether or not located on the same lot;

(2)

Are under one common ownership or management, or have one common arrangement for the maintenance of the grounds;

(3)

Are connected by party walls, partitions, covered canopies or other structural members to form one continuous structure;

(4)

Share a common parking area; and

(5)

Otherwise present the appearance of one continuous commercial area.

Regulation public nine-hole golf course means a tract of land not less than 65 acres in size dedicated for playing a nine-hole game of golf, which is open to general public use. The par shall not be less than 34 from the men's tees as governed by the United States Golf Association. Further, the golf course shall not measure less than 3,000 yards from the men's tees as governed by the United States Golf Association.

Religious assembly means religious services conducted on a site that is not permanently occupied by a religious assembly use for a period of not more than 30 days.

Residence means a house, apartment, mobile home, boardinghouse or roominghouse, duplex or other multifamily housing for human dwelling, or any property zoned therefor.

Residence hall means a house, apartment, boardinghouse or roominghouse, or other multifamily housing for human dwelling.

Rest home means a health facility where persons are housed and furnished with meals and continuing nursing care for compensation.

Retail sales, outdoor, means retail sales of new merchandise on the site of a legally established retail business, which has a direct relationship to existing businesses.

Riding stable means a building for the shelter and feeding of domestic animals, especially horses.

Roominghouse means a building where lodging only is provided for compensation to three or more persons, but not exceeding 15 persons.

Satellite antenna means any apparatus, which is designed for the purpose of receiving telephone, radio, microwave, satellite or similar signals, with the exception of conventional television antennas.

School means state, county, city, church or other schools, public or private, as teach the subjects commonly taught in the common schools of this state, and vocational schools, colleges, post-high-school learning centers, kindergartens and day care centers for persons of all ages.

Self-service storage facilities means a freestanding or accessory building (including those considered as climate-controlled) constructed to accommodate the limited storage of materials as further specified and restricted per this section. For the purposes of this section, any portion of a self-service storage facility that includes a basement as defined in this section shall be deemed a story.

Setback means the minimum required distance between the property line and the building line.

Shelter (homeless) means charitable, nonprofit, short-term housing or room and board accommodations for poor, transient or needy individuals, which must meet the following minimum criteria:

(1)

Adequate showers and restroom facilities must be provided at the location to meet the needs of the overnight guests.

(2)

Beds must be provided for all overnight guests, excluding staff and volunteer workers.

(3)

No shelter shall be located closer than 750 feet to the nearest single-family residence.

(4)

Guests of the shelter shall be required to leave the shelter premises no later than 7:00 a.m.

(5)

All premises shall be maintained in a clean, safe and sanitary fashion.

(6)

Adequate provisions for transporting and parking guests shall be submitted to and approved by the mayor or his designee.

While not specifically a permitted use under all districts, a shelter may be located in a church facility, which meets the minimum standards set out in this definition.

Site (manufactured home only) means the entire tract, subdivision or parcel of land on which the industrialized building or manufactured home is installed.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, the space between such floor and the ceiling above it. A basement shall be counted as a story if its ceiling is over six feet above the average level of the finished ground surface adjoining the exterior walls of such story, or if it is used for business or dwelling purposes.

Street means a dedicated and accepted public right-of-way, which affords primary access to abutting property.

Street, center line of, means the line surveyed and monumented by Cobb County or Douglas County, the state department of transportation, or the city, or if a center line has not been surveyed and monumented, it shall be that line running midway between the right-of-way lines of the street.

Street fair means provision of games, eating and drinking facilities, live entertainment or similar activities not requiring the use of roofed structures.

Street right-of-way line means the dividing line between a lot, tract or parcel of land and the legal street right-of-way.

Structural alteration means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any structural change in the roof, or dimension of the rooms therein.

Structure means anything constructed or erected, the use of which requires a location on the ground or attached to something having a location on the ground, including, but not limited to, tennis courts, fences, swimming pools and buildings.

System means structural, plumbing, mechanical, electrical or fire safety elements, materials or components used separately or combined for use in a building.

Temporary uses means, by permit from the building official or his designee only, specialized and intermittent uses of property such as animal shows, Christmas tree sales, circuses and carnivals, commercial filming (limited), live entertainment, personal property sales, religious assemblies, retail sales (outdoor), street fairs and swap meets (nonrecurring), not to exceed 30 days or the time period set forth in these definitions, whichever is lesser. Adequate off-street parking shall be provided for all such uses. All temporary uses may be subject to approval by the city mayor and council.

Tent means a temporary or permanent structure having a roof or walls of fabric.

Townhouse means an attached house in a row or group, each house separated from adjoining houses in the same row or group by architectural style, changing of facade, or offsets, and by firewalls or fire separations. Ownership is in fee simple.

Trailer, camping, means any portable structure or vehicle designed for highway travel which is used or intended to be used for either living, sleeping, cooking or eating purposes, and which does not include all of the following facilities: a flush water closet, a lavatory, a bath or shower, and a kitchen sink, but not intended for permanent residence.

Tutoring or learning centers means a for profit organization which provides educational assistance to children in first through twelfth grades based on a system of learning or instructional standards which supplement the child's primary school participation and attendance, subject to the following requirements:

(1)

Hours of operation are to be as follows with the exception listed below: Monday through Friday 4:00 p.m. until 8:00 p.m., and Saturday and Sunday 8:00 a.m. until 8:00 p.m. The hours of operation can be extended to 8:00 a.m. until 8:00 p.m. every day of the week beginning June 1 and ending August 1 of each calendar year.

(2)

Parking spaces in which pickup and delivery of children can take place shall be provided for a minimum of two automobiles for schools with 20 to 40 children; schools with 40 to 60 children shall be provided four spaces; thereafter, there shall be provided a space sufficient to park five automobiles, except when located within the CBD, in which case there are no minimum parking requirements.

(3)

All spaces within the structure shall be calculated on the effective net area usable for instruction. This space shall not include kitchen areas, or any other interior space that is not used for instruction. The minimum classroom space shall be determined by multiplying the maximum proposed number of pupils for attendance at any one time by the minimum square footage of 40 square feet per pupil.

Usable satellite signals means satellite signals from all major communications satellites that, when viewed on a conventional television set, are at least equal in picture quality to those received from local commercial television stations or by way of cable television.

Variance means a modification of the literal provisions of this chapter, which the board of variance and zoning appeals is permitted to grant when strict enforcement of such provisions would cause undue hardship owing to circumstances unique to the individual property on which the variance is sought.

Yard means a space on the same lot with a principal building, open, unoccupied and unobstructed by buildings or structures from ground to sky, except where encroachment and accessory buildings, structures, uses and decks are expressly permitted. When private roads are involved, the orientation and location of the building itself shall determine the front, back and side yards.

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

Yard, rear, means an open, unoccupied space on the same lot with a principal building, extending the full width of the lot, and situated between the rear line of the lot and the line representing the minimum rear yard requirements.

Yard, side, means an open, unoccupied space on the same lot with a principal building, situated between the sideline of the lot and the minimum required side yard and extending from the rear of the front yard to the front line of the rear yard.

(Code 1985, § 22-1)

(a)

Unless otherwise specifically provided in this chapter, any person who violates this chapter, after conviction upon a citation issued to the municipal court of the city, in accordance with O.C.G.A. § 36-1-20 may be incarcerated or shall be fined an amount as established below for violations within any 12-month period:

(1)

For a first violation, a fine of $150.00 or two days' incarceration.

(2)

For a second violation, a fine of $300.00 or five days' incarceration.

(3)

For a third violation, a fine of $700.00 or ten days' incarceration.

(4)

For a fourth violation and each successive violation, a fine of $1,000.00 or 120 days' incarceration.

For purposes of this subsection, a conviction for violation of this chapter is a first violation if the person has not been convicted of the same provision or any other provision of this chapter within the preceding 12 months. That person's next conviction of the same provision or any other provisions of this chapter within any 12-month period is a second violation, and so on for subsequent violations.

(b)

Any condition or stipulation placed upon a rezoning approved by the mayor and council pursuant to this chapter or a variance approved by the board of variance and zoning appeals pursuant to this chapter shall have the force and effect of law. Any person who violates any such condition or stipulation shall, after conviction upon citation issued to the municipal court of the city, be punished as provided in subsection (a) of this section.

(Code 1985, § 22-2)

The following are exempt from complying with the provisions of this chapter:

(1)

Unless otherwise provided by law or ordinance, all federal, state, county and municipal government agencies and boards of authority owned, operated and leased facilities as well as facilities owned, operated or leased by others that have received the city's permission to be located on land owned or leased by the city shall be exempt from the provisions of this chapter; however, the city shall be required to meet all of its other development codes, regulations and ordinances.

(2)

Any entity that may be entitled to exercise the power of eminent domain shall nevertheless be limited solely to the construction of facilities that are reasonably necessary for the purposes for which the entity was granted the power of eminent domain by applicable law. Any such entity which seeks to construct (or allow others to construct) facilities that are not reasonably necessary for the purposes for which the entity was granted the power of eminent domain shall not be exempt from the provisions of this chapter with respect to such facilities, even if those facilities are placed on or connected with facilities that were originally constructed, or are to be constructed, pursuant to this exemption.

(3)

A single antenna under 36 feet in height owned and operated by a federally-licensed amateur radio station operator shall be exempt from the provisions of this chapter.

(4)

Flagpoles displaying the American flag, basketball goals, gaslight poles, and permanent recreational facilities (home use) such as volleyball, badminton and trampoline equipment are exempted from the requirements pertaining to accessory uses.

(Code 1985, § 22-3)

The sale, refinancing or leasing of any portion of a commercial, office or industrial zoned property shall not be considered to constitute a subdivision of such property as long as all other applicable zoning guidelines, site-specific guidelines, site development guidelines, approved site plans and other imposed conditions are met and maintained. This section shall not be applicable to legal nonconforming uses as defined in this chapter. This section is limited only to those portions of the property, which are actually developed and shall not be construed as to allow expansions or modifications of existing sites.

(Code 1985, § 22-4)

Any lot which is deficient pertaining to minimum lot size, in which a rezoning is contemplated or needed, shall require filing of an application for variance to the board of variance and zoning appeals. The application for variance must be approved by the board of variance and zoning appeals and ratified by the mayor and council at least 21 days prior to the mayor and council's zoning hearing. However, if the building official or his designee is provided with documentation which demonstrates the lot size deficiency was caused by purchase or condemnation by an entity utilizing the power of eminent domain, then this section shall not be applied and the application for rezoning will be processed and decided in the usual manner despite the lot size deficiency.

(Code 1985, § 22-5)

(a)

All property annexed from the unincorporated area of Cobb County or Douglas County to the corporate limits of the city, shall, upon annexation, be automatically zoned to the same zoning district classification, regulations, and any applicable conditions of zoning, as were applicable to such property under the zoning ordinance of the county immediately prior to annexation.

(b)

In the event the zoning district classification is not provided for by this chapter, then such property shall assume the zoning district classification under this chapter which is most similar in terms of permitted uses and zoning district regulations held by the property under the county zoning ordinance. In such event, all conditions of zoning which were applicable to such property under the county zoning ordinance shall also continue to apply to the property upon annexation to the corporate limits to the city.

(c)

The classification, district regulations, and conditions of zoning applicable to the property at the time of annexation shall remain in effect until reclassified by amendment to this article as provided herein.

(Code 1985, § 22-79)