DEFINITIONS
A.
Words used in the singular shall include the plural, and the plural the singular; and words in the present tense shall include the future tense.
B.
The word "shall" is mandatory and not discretionary.
C.
The word "may" is permissive.
D.
The phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for."
E.
The word "structure" includes the word "building."
F.
Words not defined herein shall be construed as having the meaning given by common and ordinary use.
(Ord. of 8-12-2010)
For the purpose of this article, the following definitions shall apply:
Abut: To physically touch or border upon; or to share a common property line.
Accessory building or use: A use or a structure subordinate to the principal use or building on a lot and serving the purpose customarily incidental to the use of the principal building. Where an accessory building is attached to the main building in a substantial manner, as by a wall or roof, such accessory building shall be considered part of the principal building.
Administrator: The Mayor of Ball Ground or his designee.
Agriculture: The production, rearing or storage of crops and/or livestock for sale, lease or personal use, or lands devoted to a soil conservation or forestry management program.
Alley: A service way providing only a secondary means of public access to abutting property and not intended for general traffic circulation.
Alteration: Any change or re arrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.
Animal hospitals: A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short term care incidental to the hospital use.
Apartment house: A structure containing three or more dwelling units.
Apartment unit: One or more rooms with private bath and kitchen facilities comprising an independent self contained dwelling unit in a building containing more than two dwelling units.
Assisted living facility: A facility licensed by the State of Georgia for the transitional residency of elderly and/or disabled persons, progressing from independent living to congregate housing, within which are provided living and sleeping facilities, meal preparation, laundry services, transportation services and routine social and medical appointments and counseling.
Automobile maintenance: The routine replacement and maintenance of non-engine related parts including brake repair, tire replacement, tune-ups, and oil changing. This term shall not include engine or body dismantling.
Automobile repair: General repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers such as collision service, body repair and frame straightening; painting and upholstering; vehicle steam cleaning; and undercoating.
Automobile service station (gas, filling station): A building or structure used for the retail sale and dispensing of fuel, lubricants, tires, batteries, accessories, and supplies, including installation or minor services, customarily incidental thereto; facilities for washing and for chassis and gear lubrication of vehicles are permitted if enclosed in a building.
Automobile wrecking yard: Any place where two or more vehicles not in running condition, or parts thereof, are stored in the open and are not being restored to operating condition, 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 goods, articles or merchandise.
Basement: That portion of a building built partly underground having one half or more of its height below the average level of the lot grade.
Bedroom: A private room planned and intended for sleeping, separable from other rooms by a door, and accessible to a bathroom without crossing another bedroom or living room.
Block: A unit of land bounded by streets or by a combination of streets and public land, railroad right-of-way, waterways or any other barrier to the continuity of development.
Boarding house: A building, or portion thereof, where meals and lodging are provided for compensation for at least three persons and not more than ten persons exclusive of the proprietor, members of the proprietor's family and servants of the establishment.
Buffer area: A strip of land established to protect one type of land use from another with which it is incompatible containing a continuous visual screening of vegetation and fencing.
Building: Any structure designed or built for the support, enclosure, shelter, or protection of persons, animals or property of any kind.
Building coverage: The horizontal area measured from the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.
Building facade: The portion of any exterior elevation of a building extended from grade to the top of the parapet wall or eaves and the entire width of the building elevation fronting a public street, excluding alleys and lanes, and which may also be referred to as the building face.
Building permit: Written permission issued by the proper municipal authority for the construction, repair, alteration or addition to a structure.
Building setback line: A line, usually fixed parallel to the lot line, beyond which a building, or any projection thereof, cannot extend, excluding uncovered steps terraces, stoops or similar fixtures.
Bulk storage: The storage of chemicals, petroleum products and other materials in aboveground containers for subsequent resale to distributors or retail dealers or outlets.
Business park: A large tract of land that has been planned, developed and operated as an integrated facility for a number of individual office uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.
Cellar: A level within a building having more than one-half of its height on all sides below grade.
Central business district (CBD): The major shopping area within a city usually containing, in addition to retail uses, governmental offices, service uses, professional, cultural, recreational and entertainment establishments and uses, hotels, appropriate industrial activities, and transportation facilities.
Certificate of occupancy (CO): A document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all the applicable municipal codes and ordinances.
Child care center: A private establishment enrolling five or more children and where tuition, fees, or other forms of compensation for the care of the children is charged. The term includes day nurseries and kindergartens.
Church: A building wherein persons regularly assemble for religious worship, and which is maintained and controlled by a religious body organized to sustain public worship.
City: The City of Ball Ground.
Clerk of Superior Court: Shall mean the Clerk of the Superior Court of Cherokee County, Georgia.
Clinic: A building or part of a building used for medical, dental, chiropractic, surgical or therapeutic treatment of human beings, excluding hospitals or professional offices of a doctor located in their residence wherein there is no overnight lodging of patients.
Club or lodge, private: Buildings or facilities owned or operated by a corporation, association, person or persons for social, educational or recreational purposes, but primarily for profit or to render a service which is customarily carried on as a business.
Conditional use: A use permitted in a particular zoning district only upon showing that such use would not be detrimental to public health, safety or general welfare. Such uses may be required to meet additional standards and may be controlled as to the number, area and spacing from other uses and each other.
Condominium: A building, or group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis.
Condominium, commercial: A building or buildings used for offices, businesses, professional services and other commercial enterprise organized, owned and maintained as a condominium.
Construction vehicle: Any vehicle (other than passenger vehicle, pick up or panel truck) whose primary purpose is use in land development and construction including, but not limited to, earth moving equipment and dump trucks.
Convenience store, without fuel pumps: An establishment that primarily sells a limited line of goods that generally include milk, bread, soda, snacks, newspapers and magazines, and a limited amount of freshly prepared foods for off-premises consumption, but does not sell gasoline or other motor vehicle fuel.
Covenant: A private legal restriction on the use of land, contained in the deed to the property or otherwise formally recorded.
Cul de sac: A minor street with only one outlet, sometimes called a "dead end" street.
Curb cut: The opening along the curb line at which point vehicles may enter or leave the roadway.
Density: The number of dwelling units per acre of land. Gross density refers to the number of units per acre of the total land to be developed. Net density refers to the number of units per acre of land devoted to residential use.
Detention facility: A municipal, county, or state jail used for the detention of prisoners; including; penal institutions, penitentiaries, prisons and prison institutions; detention and correctional institutions; rehabilitation institutions and work camps.
Development: The division of an existing parcel of land; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance, and any use or extension of the use of land.
Display case: A case, cabinet, or other device having a window of glass or other transparent material, or other opening, access to which is made from other than within the structure or building of which it is a part or attached to.
District: A part, zone or geographic area within the municipality within which certain zoning or development regulations apply.
Domesticated animals: Small animals including fish or fowl permitted in the house or yard and kept for company or pleasure, such as dogs, cats, rabbits, rodents, birds and fish but excluding swine, livestock and exotic animals.
Drive in establishment: An establishment which is designated to provide, either wholly or in part, service to customers while in their automobile parked on the premises.
Drive in restaurant: A building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the building.
Driveway: A private roadway providing access for vehicles to a parking space, garage, dwelling or other structure.
Drug store: A store where the primary business is the filling of medical prescriptions and the sale of drugs, medical devices and supplies, and nonprescription medicines, but where nonmedical products are sold as well.
Dwelling, duplex: A building that is divided horizontally into two dwelling units each of which has an independent entrance either directly or through a common vestibule and used by not more than two families.
[Dwelling, multi-family]Multi-family dwelling, multiple or: A building designed for and containing three or more dwelling units.
Dwelling, quadruplex: Four attached dwellings in one structure in which each unit has two open space exposures and shares one or two walls with adjoining unit or units.
Dwelling, single-family: A building designed for and containing one dwelling unit occupied by one family unit.
Dwelling, single-family attached: A one family dwelling attached to two or more one family dwellings by common vertical walls. This term includes duplexes and triplexes.
Dwelling, triplex: A building divided into only three dwelling units each of which has an independent entrance either directly or through a common vestibule and used by not more than three families
Dwelling unit: Consists of one or more rooms which are arranged, designed, or used as living quarters for one family only. Individual bathrooms and complete kitchen facilities, permanently installed, shall always be included in each "dwelling unit."
Easement: A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.
Erosion: The detachment and movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice and gravity.
Family: One or more related persons or four or less unrelated persons occupying a dwelling and living as a single housekeeping unit provided that all related persons are related by blood, marriage or adoption. All related persons are limited to the spouse, parents, grandparents, grandchildren, stepchildren, sons, daughters, brothers or sisters of the owner or the tenant or of the owner's or the tenant's spouse. Domestic servants employed on premises may be housed on the premises without being counted as a family. The term "family" shall not be construed to mean fraternity, sorority, club, student center, group care homes, foster homes and is to be distinguished from persons occupying a boarding house, rooming house, hotel, or apartment unit as herein defined.
Fence: An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
Flag lot: A lot or parcels approved by the City with less frontage on a public street than is normally required. The panhandle is an access corridor to lots or parcels located behind lots or parcels with normally required street frontages.
Floodplain: That area within the 100-year regional flood contour elevation subject to periodic flooding as designated by the public works director based upon the U.S. Corp. of Engineers Flood Plain Information Reports and other federal, state and county hydraulic studies.
Floor area: The total area of all floors of a building as measured to the outside surfaces of exterior walls and including halls, stairways, elevator shafts, excluding attached garages, porches, balconies, cellars and unfinished basements.
For rent: Constructed for the express purpose and intent of offering to the general public for lease and not intended for sale to individual owner occupants.
For rent community: A residential subdivision or development of ten or more dwelling units, where more than ten percent of the total dwelling units therein are occupied, or intended to be occupied, by leasing tenants rather than individual owner occupants.
For sale: Constructed for the express purpose and intent of offering to the general public for purchase to owner occupants.
For sale community: A residential subdivision or development of ten or more dwelling units, with no more than ten percent of the dwellings therein occupied, or intended to be occupied, by tenants rather than owner occupants.
Frontage: The length of any property line of a premises which abuts public right-of-way.
Fraternity or sorority house: A dwelling maintained exclusively for members affiliated with an academic college or university or other professional recognized institutions of higher learning.
Funeral home: A building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.
Garage, commercial: A commercial structure or any portion thereof in which one or more automobiles are housed, or kept or repaired; not including exhibition or showrooms or storage of cars for sale nor storage of junked or wrecked vehicles.
Garage, private residential: A structure which is accessory to a residential building and which is used for the parking and storage of vehicles owned and operated by the residents thereof, and which is not a separate commercial enterprise available to the general public.
Gas station: An establishment that sells gasoline or other motor vehicle fuel utilizing fuel pumps and storage tanks, often underground or hidden. Other products may be sold, and other services may be provided in addition to the sale of gasoline or other motor vehicle fuel.
Grade: An average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.
Group home: A dwelling shared by non-related individuals 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 for the residents with the primary goal of enabling the residents to live as independently as possible in order to reach their maximum potential. This use shall also apply to homes for the handicapped; however, the term "handicapped" shall not include current illegal use of or addiction to a controlled substance or alcohol, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals. The term "group home for the handicapped" shall not include alcohol or drug treatment centers, work release facilities for convicts or ex-convicts, or other housing serving as an alternative to incarceration.
Halfway house: A temporary residential living arrangement for persons leaving an institutional setting and in need of a supportive living arrangement in order to readjust to living outside the institution. These are persons who are receiving therapy and counseling from support staff who are present when residents are present, for the following purposes: 1) to help them recuperate from the effects of drug or alcohol addiction; 2) to help them reenter society while housed under supervision while under the constraints of alternatives to imprisonment including, but not limited to, prerelease, work release, or probationary programs; or 3) to help persons with family or school adjustment problems that require specialized attention and care in order to achieve personal independence.
Health department: Shall mean the Cherokee County Health Department.
Health practitioner: A doctor, dentist, chiropractor but not including a veterinarian
Height: The vertical distance between the highest part of a structure, sign or its supporting structure, whichever is higher, and the ground. The vertical distance from the grade, or its equivalent, to the highest point of the under side 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 under side of the rafters between the eaves and the ridge of the gable, hip or gambrel roof.
Hobby: A pursuit outside one's regular occupation engaged in for relaxation and nonprofit making.
Home for the aged: Any multi-family residential use limited to occupation by persons age 62 or older, with exception of managerial personnel. HUD elderly housing and handicapped housing; provided no health care services are furnished other than communication systems.
Hospital: A building or portion thereof designed or used for therapeutic treatment of bed patients who are physically or mentally ill.
Hotel: A building in which lodging or board and lodging are provided for transient guests, and offered to the public for compensation and 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.
Improvement: Any man made item which becomes part of, placed upon, or is affixed to, real estate.
Impervious surface: A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water including streets, roofs, sidewalks, parking lots and other similar structures.
Industrial park: A large tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses, including warehousing and distribution, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.
Junk: Any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition.
Junk vehicles: Any wrecked or non-operable automobile, truck or other vehicle by reason of its being wrecked, dismantled, partially dismantle, abandoned, discarded, or which does not have a valid license plate attached thereto.
Junk yard: Any land or building or other structure used for the storage, collection, processing or conversion of any worn out, cast off, or discarded metal, paper, glass or other materials which is ready for destruction, or has been collected or stored for salvage or conversion to some use. Also, any land on which two or more junk vehicles are parked, standing, or allowed to remain.
Kennel: Any location where boarding, caring for and keeping of more than a total of four dogs or cats or other animals or combination thereof (except litter of animals of not more than six months of age) is carried on, and also raising of show and hunting dogs.
Livestock: Poultry, cattle, swine, horses, mink, rabbits, sheep, goats or any other domestic animal used for consumption.
Lot: The basic development unit, an area with fixed boundaries, used or intended to be used by one building and its accessory building and not divided by any public highway or alley.
Lot, corner: A lot fronting on two streets at their intersection.
Lot, substandard: A lot not meeting the required minimum lot dimensions of the zoning district it is in.
Lot coverage: That amount of land covered or permitted to be covered by a building(s) excluding parking areas, driveways and walkways but including accessory structures measured in terms of a percentage of the total lot area.
Lot depth: The mean horizontal distance between the front lot line and the rear lot line, or the distance between the midpoint of the front lot line and midpoint of the rear lot line.
Lot line: A line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.
Lot width: The distance between the side lot line measured along the front building line of the lot as determined by the prescribed minimum front setback requirement.
Lot of record: 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 Cherokee County; or a parcel of land, the deed to which has been recorded in the office of the Clerk of the Superior Court of Cherokee County.
Materials recovery facility: A solid waste handling facility that provides for the extraction from solid waste of recoverable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials.
Mini-warehouse: A structure containing separate storage spaces of varying sizes leased or rented on a individual basis.
Mobile (Manufactured) home: A structure transportable in one or more sections and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. This unit must bear a HUD certificate.
Mobile home park: An area containing one or more mobile homes or spaces for mobile homes and the necessary community and utility areas for extended occupancy or residence.
Modular home: 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 having been built to state construction codes.
Motel: A building in which lodging or board and lodging is provided for transient guests and offered to the public for compensation with access to each unit directly from the outside.
Nonconforming use, building, lot, parcel of land: A legally existing use or building which fails to comply with any provision of this article either at the effective date of this article or as the result of subsequent amendments.
Nursing home: A home for aged or ill persons licensed by the State of Georgia as such in which persons are provided with food, shelter and medical care for compensation; but not including hospitals, clinics or similar institutions devoted primarily to diagnosis and treatment.
Occupant: The individual or individuals in actual possession of a premises.
Office, general: Any building or part of a building in which one or more persons are employed in the management or direction of an agency, business, organization, but excludes such uses as retail sales, manufacture, assembly or storage of goods, or places of assembly and amusement.
Office, professional: Any building or part of a building in which one or more persons are employed in the management or direction of an agency, business, organization staffed by professionally qualified persons and their staff. Examples of qualified professions typically are licensed by the State of Georgia and include, but are not limited to, architects, real estate brokers, health service practitioners, accountants, engineers and attorneys.
Official zoning map: A legally adopted map that conclusively shows the location and boundaries of zoned districts.
Off street parking space: A temporary storage area for a motor vehicle that is directly accessible to an access aisle, and which is not located on a dedicated street right-of-way.
Open space: Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment.
Outdoor storage: The keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours.
Parking area: Any public or private land area used for parking vehicles including parking lots, garages, private driveways and legally designated areas of public streets.
Parking lot: Any designated area designed for temporary accommodation of motor vehicles in normal operating condition.
Parking space: Any area for the exclusive parking of a single vehicle having an area of not less than 200 square feet.
Permanent sign: Any sign attached securely to a building, roof, wall, or canopy or the ground by means of concrete, bolts, metal braces or treated wood or cedar, and continuing in the same state or without essential change to the sign structure.
Permit: Written governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law, but not allowed without such authorization.
Permitted use: Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
Personal care home: A facility licensed by the State of Georgia for the transitional residency of persons incapable of independent living, within which are provided living and sleeping facilities, meal preparation, laundry services, transportation services and routine social and medical appointments and counseling.
Pharmacy: A place where medicines are compounded or dispensed.
Planned development: A tract of land developed based on a plan which allows for flexibility of design not available under normal zoning district requirements.
Planning commission: shall mean the Ball Ground Planning Commission or Planning Commission designated to act on behalf of the City of Ball Ground.
Plat: A map representing a tract of land, showing the boundaries and location of individual properties and streets.
Plat, final: The final map of all or a portion of a subdivision or site plan which is presented to the planning commission for final approval.
Plat, preliminary: A map indicating the proposed layout of the subdivision or site plan which is submitted to the proper review authority for consideration and approval.
Recovered materials: 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.
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 laws and regulations relating to such solid waste.
Recreational vehicles: Boat trailers and any type of portable structure without permanent foundations, which can be towed, hauled or driven and may be designed as temporary living accommodation for recreational, camping, and travel use, and including travel trailers, truck campers on or off the truck, camping trailers and self propelled motor homes.
Recycling collection point: A primary or accessory use that serves as a neighborhood drop-off point for temporary storage of recoverable resources with no processing of such items taking place.
Residence: A home or dwelling utilized as living quarters.
Rest home: See Home for the aged.
Retail services: Establishments providing services or entertainment, as opposed to products, to the general public, including eating and drinking places, hotels and motels, finance, real estate and insurance, personal services, motion pictures, amusement and recreation services, health, educational and social services, museums and galleries.
Retail trade: Establishments engaged in selling goods or merchandise to the general public and for personal or household consumption and rendering services incidental to the sale of such goods.
Right-of-way: A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer and other similar uses.
Rooming house: See Boarding house.
School: 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.
Setbacks: The required space between a property line and a building or specified structure.
Shopping center: A group of commercial establishments constructed as a singular entity with customer and employee parking provided on site.
Sidewalk: A paved, surfaced or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.
Sign: Any structure, part thereof, or device attached thereto or painted or represented thereon or any material or thing, illuminated or otherwise, which displays or includes any numeral, letter, word, model, banner, emblem, insignia, device, trademark or other representation used as or in the nature of an announcement, advertisement, direction or designation of any person, group, organization, place, commodity, product, service, business, profession, enterprise or industry which is located upon any land or any building or upon a window. The flag, emblem or other insignia of a nation, government unit, educational, charitable or religious group shall not be included.
Sign, animated: A sign with action or motion with moving characters or flashing colors which require electrical energy, including wind actuated elements, such as flags or banners. This term does not include time and temperature or revolving signs.
Sign, announcement: A single face nonilluminated professional or announcement sign, not exceeding two square feet in area, and attached wholly to a building, window or door. Where such sign only includes emergency information, business hours, credit cards honored and other accessory information it shall be known as an "incidental use" sign not requiring a permit.
Sign, building identification: A wall sign used to identify or indicate the name of a building.
Sign, canopy: A sign imposed upon or painted on any roof like structure either permanently or temporarily extended over a sidewalk or walkway, which can be mounted flush or suspended.
Sign, changeable copy: A sign that is designed so that characters, letters, or illustrations can be changed or rearranged without altering the face or surface of the sign.
Sign, construction: A temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors or similar artisans, and the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the structure or project.
Sign, detached: A permanent sign affixed to the ground which is wholly independent of any building for support. This term includes portable display signs.
Sign, directory: A sign containing information relative to the location, distance to, entrance to, and exit from structures, or convenient for visitors coming on the property, including signs marking entrances and exists, parking areas, circulation direction, rest rooms, and pick up and delivery areas, or land use activities.
Sign, event: A temporary sign advertising private sales of personal property such as "house sales," "garage sales," "rummage sales" and the like or private not for profit events such as picnics, carnivals, game nights, art and craft shows and Christmas tree sales.
Sign, flashing: A sign, the illumination of which is not kept constant in intensity at all times when in use, and which exhibits sudden or marked changes in lighting effects.
Sign, general advertising: A detached sign which has a sign area greater than 250 square feet.
Sign, illuminated: A sign illuminated directly or indirectly by gas, electricity or other artificial light including reflective or fluorescent light.
Sign, marquee: A projection sign attached to a roofed structure of a building which may project over public or private sidewalk or rights of way.
Sign, monument: A free standing, detached sign in which the width of the support structure (base) is no less than ¼ the overall height of the sign. The base shall not count toward the area of the sign.
Sign, on-premises: Any sign the content of which relates to the premises on which it is located, referring to the name, location, products, persons, accommodations, services or activities of or on those premises, or the sale, lease, or construction of those premises, or conveying any other message regardless of whether said message relates to the premises where the sign is located.
Sign, personal expression: A detached sign located on private property containing non-commercial messages of the property owner. Obscene messages are prohibited.
Sign, political: Any sign used in connection with political campaigns or civic non commercial health, safety and welfare campaigns.
Sign, portable display: A mobile/temporary, electrical or non electrical changeable copy sign that is mounted on a trailer type frame with or without wheels or skids or portable wood or metal frame and not permanently attached to the ground.
Sign, projection: A sign which is attached to the building wall and which extends more than 18 inches from the face of such wall.
Sign, real estate: A temporary sign advertising the sale, or lease of the property on which it is located.
Sign, real estate directional: A sign which conveys directions to a specific property for sale or lease, such as a real estate development, residential subdivision, apartment or condominium, home for sale, apartment for rent, or any other property for sale or lease.
Sign, roof: A sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the point of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof or the deck line of a building with a mansard roof.
Sign, temporary: A display, informational sign, banner, or other advertisement device with or without a structural frame, not permanently attached to a building, structure or the ground and intended for a limited period of display, including real estate signs, accessory temporary window or display case signs, and decorative displays for holidays, or public demonstrations. This definition does not include portable display signs.
Sign, vehicular: Any sign on an operable vehicle or any vehicle parked temporarily, incidental to its principal use for transportation. This definition shall not include signs which are being transported to a site for erection.
Sign, wall: Any sign attached to or erected against a wall which is an integral part of the building, and projects no more than 18 inches from the wall of the building. Such a sign may be constructed without constituting an encroachment into a required side or front yard setback line. A single face sign which is in any manner attached or fixed flat to an exterior wall of a building or structure. Individual letters in addition to the "box type" (i.e., letters and symbols on an attached backing) sign may also be installed.
Sign, window: A sign affixed to or displayed within 1 foot of a window in any manner so as to be visible from a public right-of-way.
Sign area: The entire face of a sign, its supporting structure and all wall work including illuminated tubing incidental to its decoration. In the case of an open sign made up of individual letters, figures, or designs attached directly to the building or standard the space between such letters, figures or designs shall be included as part of the sign area. When a sign has parallel sides or where the interior angle formed by the faces is less than 45?, the sign shall be considered double-faced. The calculation for a double-faced sign shall be the area of one face only. The copy area of all "V" or "L" shaped signs with an internal angle of greater than 45? shall be considered as a single face. If the faces of a double face sign are of unequal area, the area of the sign shall be taken as the area of the larger face.
Sign clearance: The vertical distance from the established finished grade of the sidewalk or ground to the lower edge of a sign.
Site plan: The development plan for one or more lots on which is shown the existing and proposed conditions of the lot including: topography, vegetation, drainage, flood plains, marshes and waterways; open spaces, walkways, means of ingress and egress, utility services, landscaping, structures and signs, lighting, and screening devices; any other information that reasonably may be required in order that an informed decision can be made by the approving authority.
Solid waste handling facility: Any facility the primary purpose of which is the storage, collection, transportation, treatment, utilization, processing, or disposal, or any combination thereof, of solid waste.
Story: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it and including those finished basements used for the principal use with a floor area greater than 50% of the story above.
Street: A way for vehicular traffic, whether designated as an avenue, boulevard, road, highway, expressway, lane, alley, or other way.
Street, private: Any right-of-way or area set aside to provide vehicular access within a development which has not been dedicated to, nor accepted by the city, and which is not maintained by the city.
Structure: Anything constructed or erected, the use of which requires a location on the ground, or attached to something having a location on the ground.
Subdivider: A person, firm or corporation having such a proprietary interest in the land to be subdivided as will authorize the maintenance or proceedings to subdivide such land under this article, or the authorized agent of such person, firm or corporation for the purpose of proceeding under these regulations.
Subdivision: All divisions of a tract or parcel of for the purpose (whether immediate or future) of sale, lease, legacy or building development; it includes all divisions of land involving a new street to which the public has access (whether private or public) or change in an existing street, and includes re subdivision, and where appropriate to the context, related to the process of subdividing or to the land or area subdivided.
Swale: A depression in the ground which channels runoff.
Tavern: An establishment used primarily for the serving of liquor by the drink to the general public and where food or packaged liquors may be served or sold only as accessory to the primary use.
Tract: An area, parcel, piece of land, or property which is the subject of a development application.
Trailer: Any vehicle or structure constructed so as to permit occupancy thereof as sleeping or living quarters, or the conduct of any business, trade or occupation, or use as selling or advertising device, or use of storage or conveyance for chattel, tools, equipment or machinery, and so designed that it is or may be mounted on wheels and used as a conveyance on highways and streets propelled or drawn by its own or other motive power. This term shall include, but not be limited to: automobiles, motorcycles, boat utility trailers, trailer coaches and manufactured homes.
Trailer, camping: Shall mean any portable structure or vehicle designed for highway travel at legal speed limits without special permit which is intended for temporary living.
Townhouses: Attached houses in a row or group, each house separated from adjoining houses in the same row or group by fire walls and having fee simple title.
Variance: A device which grants a property owner relief from certain provisions of a zoning ordinance when, because of the particular physical surroundings, shape or topographical condition of the property, compliance would result in a particular hardship as distinguished from a mere inconvenience or a desire to make more money.
Waste transfer station: A facility used for the temporary storage and collection of waste materials.
Yard: An open space on the same lot with a building or building group lying to the front, rear, or side of a building extending to the nearest lot line.
Zone: A specifically delineated area or district in a municipality within which regulations and requirements uniformly govern the use, placement, spacing and size of land and buildings.
Zoning ordinance: The Zoning Ordinance of the City of Ball Ground, Georgia as adopted and amended.
(Ord. of 8-11-2022 §§ 1, 2; Ord. of 4-13-2023(4))
DEFINITIONS
A.
Words used in the singular shall include the plural, and the plural the singular; and words in the present tense shall include the future tense.
B.
The word "shall" is mandatory and not discretionary.
C.
The word "may" is permissive.
D.
The phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for."
E.
The word "structure" includes the word "building."
F.
Words not defined herein shall be construed as having the meaning given by common and ordinary use.
(Ord. of 8-12-2010)
For the purpose of this article, the following definitions shall apply:
Abut: To physically touch or border upon; or to share a common property line.
Accessory building or use: A use or a structure subordinate to the principal use or building on a lot and serving the purpose customarily incidental to the use of the principal building. Where an accessory building is attached to the main building in a substantial manner, as by a wall or roof, such accessory building shall be considered part of the principal building.
Administrator: The Mayor of Ball Ground or his designee.
Agriculture: The production, rearing or storage of crops and/or livestock for sale, lease or personal use, or lands devoted to a soil conservation or forestry management program.
Alley: A service way providing only a secondary means of public access to abutting property and not intended for general traffic circulation.
Alteration: Any change or re arrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.
Animal hospitals: A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short term care incidental to the hospital use.
Apartment house: A structure containing three or more dwelling units.
Apartment unit: One or more rooms with private bath and kitchen facilities comprising an independent self contained dwelling unit in a building containing more than two dwelling units.
Assisted living facility: A facility licensed by the State of Georgia for the transitional residency of elderly and/or disabled persons, progressing from independent living to congregate housing, within which are provided living and sleeping facilities, meal preparation, laundry services, transportation services and routine social and medical appointments and counseling.
Automobile maintenance: The routine replacement and maintenance of non-engine related parts including brake repair, tire replacement, tune-ups, and oil changing. This term shall not include engine or body dismantling.
Automobile repair: General repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers such as collision service, body repair and frame straightening; painting and upholstering; vehicle steam cleaning; and undercoating.
Automobile service station (gas, filling station): A building or structure used for the retail sale and dispensing of fuel, lubricants, tires, batteries, accessories, and supplies, including installation or minor services, customarily incidental thereto; facilities for washing and for chassis and gear lubrication of vehicles are permitted if enclosed in a building.
Automobile wrecking yard: Any place where two or more vehicles not in running condition, or parts thereof, are stored in the open and are not being restored to operating condition, 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 goods, articles or merchandise.
Basement: That portion of a building built partly underground having one half or more of its height below the average level of the lot grade.
Bedroom: A private room planned and intended for sleeping, separable from other rooms by a door, and accessible to a bathroom without crossing another bedroom or living room.
Block: A unit of land bounded by streets or by a combination of streets and public land, railroad right-of-way, waterways or any other barrier to the continuity of development.
Boarding house: A building, or portion thereof, where meals and lodging are provided for compensation for at least three persons and not more than ten persons exclusive of the proprietor, members of the proprietor's family and servants of the establishment.
Buffer area: A strip of land established to protect one type of land use from another with which it is incompatible containing a continuous visual screening of vegetation and fencing.
Building: Any structure designed or built for the support, enclosure, shelter, or protection of persons, animals or property of any kind.
Building coverage: The horizontal area measured from the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.
Building facade: The portion of any exterior elevation of a building extended from grade to the top of the parapet wall or eaves and the entire width of the building elevation fronting a public street, excluding alleys and lanes, and which may also be referred to as the building face.
Building permit: Written permission issued by the proper municipal authority for the construction, repair, alteration or addition to a structure.
Building setback line: A line, usually fixed parallel to the lot line, beyond which a building, or any projection thereof, cannot extend, excluding uncovered steps terraces, stoops or similar fixtures.
Bulk storage: The storage of chemicals, petroleum products and other materials in aboveground containers for subsequent resale to distributors or retail dealers or outlets.
Business park: A large tract of land that has been planned, developed and operated as an integrated facility for a number of individual office uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.
Cellar: A level within a building having more than one-half of its height on all sides below grade.
Central business district (CBD): The major shopping area within a city usually containing, in addition to retail uses, governmental offices, service uses, professional, cultural, recreational and entertainment establishments and uses, hotels, appropriate industrial activities, and transportation facilities.
Certificate of occupancy (CO): A document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all the applicable municipal codes and ordinances.
Child care center: A private establishment enrolling five or more children and where tuition, fees, or other forms of compensation for the care of the children is charged. The term includes day nurseries and kindergartens.
Church: A building wherein persons regularly assemble for religious worship, and which is maintained and controlled by a religious body organized to sustain public worship.
City: The City of Ball Ground.
Clerk of Superior Court: Shall mean the Clerk of the Superior Court of Cherokee County, Georgia.
Clinic: A building or part of a building used for medical, dental, chiropractic, surgical or therapeutic treatment of human beings, excluding hospitals or professional offices of a doctor located in their residence wherein there is no overnight lodging of patients.
Club or lodge, private: Buildings or facilities owned or operated by a corporation, association, person or persons for social, educational or recreational purposes, but primarily for profit or to render a service which is customarily carried on as a business.
Conditional use: A use permitted in a particular zoning district only upon showing that such use would not be detrimental to public health, safety or general welfare. Such uses may be required to meet additional standards and may be controlled as to the number, area and spacing from other uses and each other.
Condominium: A building, or group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis.
Condominium, commercial: A building or buildings used for offices, businesses, professional services and other commercial enterprise organized, owned and maintained as a condominium.
Construction vehicle: Any vehicle (other than passenger vehicle, pick up or panel truck) whose primary purpose is use in land development and construction including, but not limited to, earth moving equipment and dump trucks.
Convenience store, without fuel pumps: An establishment that primarily sells a limited line of goods that generally include milk, bread, soda, snacks, newspapers and magazines, and a limited amount of freshly prepared foods for off-premises consumption, but does not sell gasoline or other motor vehicle fuel.
Covenant: A private legal restriction on the use of land, contained in the deed to the property or otherwise formally recorded.
Cul de sac: A minor street with only one outlet, sometimes called a "dead end" street.
Curb cut: The opening along the curb line at which point vehicles may enter or leave the roadway.
Density: The number of dwelling units per acre of land. Gross density refers to the number of units per acre of the total land to be developed. Net density refers to the number of units per acre of land devoted to residential use.
Detention facility: A municipal, county, or state jail used for the detention of prisoners; including; penal institutions, penitentiaries, prisons and prison institutions; detention and correctional institutions; rehabilitation institutions and work camps.
Development: The division of an existing parcel of land; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance, and any use or extension of the use of land.
Display case: A case, cabinet, or other device having a window of glass or other transparent material, or other opening, access to which is made from other than within the structure or building of which it is a part or attached to.
District: A part, zone or geographic area within the municipality within which certain zoning or development regulations apply.
Domesticated animals: Small animals including fish or fowl permitted in the house or yard and kept for company or pleasure, such as dogs, cats, rabbits, rodents, birds and fish but excluding swine, livestock and exotic animals.
Drive in establishment: An establishment which is designated to provide, either wholly or in part, service to customers while in their automobile parked on the premises.
Drive in restaurant: A building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the building.
Driveway: A private roadway providing access for vehicles to a parking space, garage, dwelling or other structure.
Drug store: A store where the primary business is the filling of medical prescriptions and the sale of drugs, medical devices and supplies, and nonprescription medicines, but where nonmedical products are sold as well.
Dwelling, duplex: A building that is divided horizontally into two dwelling units each of which has an independent entrance either directly or through a common vestibule and used by not more than two families.
[Dwelling, multi-family]Multi-family dwelling, multiple or: A building designed for and containing three or more dwelling units.
Dwelling, quadruplex: Four attached dwellings in one structure in which each unit has two open space exposures and shares one or two walls with adjoining unit or units.
Dwelling, single-family: A building designed for and containing one dwelling unit occupied by one family unit.
Dwelling, single-family attached: A one family dwelling attached to two or more one family dwellings by common vertical walls. This term includes duplexes and triplexes.
Dwelling, triplex: A building divided into only three dwelling units each of which has an independent entrance either directly or through a common vestibule and used by not more than three families
Dwelling unit: Consists of one or more rooms which are arranged, designed, or used as living quarters for one family only. Individual bathrooms and complete kitchen facilities, permanently installed, shall always be included in each "dwelling unit."
Easement: A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.
Erosion: The detachment and movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice and gravity.
Family: One or more related persons or four or less unrelated persons occupying a dwelling and living as a single housekeeping unit provided that all related persons are related by blood, marriage or adoption. All related persons are limited to the spouse, parents, grandparents, grandchildren, stepchildren, sons, daughters, brothers or sisters of the owner or the tenant or of the owner's or the tenant's spouse. Domestic servants employed on premises may be housed on the premises without being counted as a family. The term "family" shall not be construed to mean fraternity, sorority, club, student center, group care homes, foster homes and is to be distinguished from persons occupying a boarding house, rooming house, hotel, or apartment unit as herein defined.
Fence: An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
Flag lot: A lot or parcels approved by the City with less frontage on a public street than is normally required. The panhandle is an access corridor to lots or parcels located behind lots or parcels with normally required street frontages.
Floodplain: That area within the 100-year regional flood contour elevation subject to periodic flooding as designated by the public works director based upon the U.S. Corp. of Engineers Flood Plain Information Reports and other federal, state and county hydraulic studies.
Floor area: The total area of all floors of a building as measured to the outside surfaces of exterior walls and including halls, stairways, elevator shafts, excluding attached garages, porches, balconies, cellars and unfinished basements.
For rent: Constructed for the express purpose and intent of offering to the general public for lease and not intended for sale to individual owner occupants.
For rent community: A residential subdivision or development of ten or more dwelling units, where more than ten percent of the total dwelling units therein are occupied, or intended to be occupied, by leasing tenants rather than individual owner occupants.
For sale: Constructed for the express purpose and intent of offering to the general public for purchase to owner occupants.
For sale community: A residential subdivision or development of ten or more dwelling units, with no more than ten percent of the dwellings therein occupied, or intended to be occupied, by tenants rather than owner occupants.
Frontage: The length of any property line of a premises which abuts public right-of-way.
Fraternity or sorority house: A dwelling maintained exclusively for members affiliated with an academic college or university or other professional recognized institutions of higher learning.
Funeral home: A building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.
Garage, commercial: A commercial structure or any portion thereof in which one or more automobiles are housed, or kept or repaired; not including exhibition or showrooms or storage of cars for sale nor storage of junked or wrecked vehicles.
Garage, private residential: A structure which is accessory to a residential building and which is used for the parking and storage of vehicles owned and operated by the residents thereof, and which is not a separate commercial enterprise available to the general public.
Gas station: An establishment that sells gasoline or other motor vehicle fuel utilizing fuel pumps and storage tanks, often underground or hidden. Other products may be sold, and other services may be provided in addition to the sale of gasoline or other motor vehicle fuel.
Grade: An average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.
Group home: A dwelling shared by non-related individuals 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 for the residents with the primary goal of enabling the residents to live as independently as possible in order to reach their maximum potential. This use shall also apply to homes for the handicapped; however, the term "handicapped" shall not include current illegal use of or addiction to a controlled substance or alcohol, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals. The term "group home for the handicapped" shall not include alcohol or drug treatment centers, work release facilities for convicts or ex-convicts, or other housing serving as an alternative to incarceration.
Halfway house: A temporary residential living arrangement for persons leaving an institutional setting and in need of a supportive living arrangement in order to readjust to living outside the institution. These are persons who are receiving therapy and counseling from support staff who are present when residents are present, for the following purposes: 1) to help them recuperate from the effects of drug or alcohol addiction; 2) to help them reenter society while housed under supervision while under the constraints of alternatives to imprisonment including, but not limited to, prerelease, work release, or probationary programs; or 3) to help persons with family or school adjustment problems that require specialized attention and care in order to achieve personal independence.
Health department: Shall mean the Cherokee County Health Department.
Health practitioner: A doctor, dentist, chiropractor but not including a veterinarian
Height: The vertical distance between the highest part of a structure, sign or its supporting structure, whichever is higher, and the ground. The vertical distance from the grade, or its equivalent, to the highest point of the under side 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 under side of the rafters between the eaves and the ridge of the gable, hip or gambrel roof.
Hobby: A pursuit outside one's regular occupation engaged in for relaxation and nonprofit making.
Home for the aged: Any multi-family residential use limited to occupation by persons age 62 or older, with exception of managerial personnel. HUD elderly housing and handicapped housing; provided no health care services are furnished other than communication systems.
Hospital: A building or portion thereof designed or used for therapeutic treatment of bed patients who are physically or mentally ill.
Hotel: A building in which lodging or board and lodging are provided for transient guests, and offered to the public for compensation and 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.
Improvement: Any man made item which becomes part of, placed upon, or is affixed to, real estate.
Impervious surface: A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water including streets, roofs, sidewalks, parking lots and other similar structures.
Industrial park: A large tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses, including warehousing and distribution, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.
Junk: Any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition.
Junk vehicles: Any wrecked or non-operable automobile, truck or other vehicle by reason of its being wrecked, dismantled, partially dismantle, abandoned, discarded, or which does not have a valid license plate attached thereto.
Junk yard: Any land or building or other structure used for the storage, collection, processing or conversion of any worn out, cast off, or discarded metal, paper, glass or other materials which is ready for destruction, or has been collected or stored for salvage or conversion to some use. Also, any land on which two or more junk vehicles are parked, standing, or allowed to remain.
Kennel: Any location where boarding, caring for and keeping of more than a total of four dogs or cats or other animals or combination thereof (except litter of animals of not more than six months of age) is carried on, and also raising of show and hunting dogs.
Livestock: Poultry, cattle, swine, horses, mink, rabbits, sheep, goats or any other domestic animal used for consumption.
Lot: The basic development unit, an area with fixed boundaries, used or intended to be used by one building and its accessory building and not divided by any public highway or alley.
Lot, corner: A lot fronting on two streets at their intersection.
Lot, substandard: A lot not meeting the required minimum lot dimensions of the zoning district it is in.
Lot coverage: That amount of land covered or permitted to be covered by a building(s) excluding parking areas, driveways and walkways but including accessory structures measured in terms of a percentage of the total lot area.
Lot depth: The mean horizontal distance between the front lot line and the rear lot line, or the distance between the midpoint of the front lot line and midpoint of the rear lot line.
Lot line: A line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.
Lot width: The distance between the side lot line measured along the front building line of the lot as determined by the prescribed minimum front setback requirement.
Lot of record: 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 Cherokee County; or a parcel of land, the deed to which has been recorded in the office of the Clerk of the Superior Court of Cherokee County.
Materials recovery facility: A solid waste handling facility that provides for the extraction from solid waste of recoverable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials.
Mini-warehouse: A structure containing separate storage spaces of varying sizes leased or rented on a individual basis.
Mobile (Manufactured) home: A structure transportable in one or more sections and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. This unit must bear a HUD certificate.
Mobile home park: An area containing one or more mobile homes or spaces for mobile homes and the necessary community and utility areas for extended occupancy or residence.
Modular home: 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 having been built to state construction codes.
Motel: A building in which lodging or board and lodging is provided for transient guests and offered to the public for compensation with access to each unit directly from the outside.
Nonconforming use, building, lot, parcel of land: A legally existing use or building which fails to comply with any provision of this article either at the effective date of this article or as the result of subsequent amendments.
Nursing home: A home for aged or ill persons licensed by the State of Georgia as such in which persons are provided with food, shelter and medical care for compensation; but not including hospitals, clinics or similar institutions devoted primarily to diagnosis and treatment.
Occupant: The individual or individuals in actual possession of a premises.
Office, general: Any building or part of a building in which one or more persons are employed in the management or direction of an agency, business, organization, but excludes such uses as retail sales, manufacture, assembly or storage of goods, or places of assembly and amusement.
Office, professional: Any building or part of a building in which one or more persons are employed in the management or direction of an agency, business, organization staffed by professionally qualified persons and their staff. Examples of qualified professions typically are licensed by the State of Georgia and include, but are not limited to, architects, real estate brokers, health service practitioners, accountants, engineers and attorneys.
Official zoning map: A legally adopted map that conclusively shows the location and boundaries of zoned districts.
Off street parking space: A temporary storage area for a motor vehicle that is directly accessible to an access aisle, and which is not located on a dedicated street right-of-way.
Open space: Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment.
Outdoor storage: The keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours.
Parking area: Any public or private land area used for parking vehicles including parking lots, garages, private driveways and legally designated areas of public streets.
Parking lot: Any designated area designed for temporary accommodation of motor vehicles in normal operating condition.
Parking space: Any area for the exclusive parking of a single vehicle having an area of not less than 200 square feet.
Permanent sign: Any sign attached securely to a building, roof, wall, or canopy or the ground by means of concrete, bolts, metal braces or treated wood or cedar, and continuing in the same state or without essential change to the sign structure.
Permit: Written governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law, but not allowed without such authorization.
Permitted use: Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
Personal care home: A facility licensed by the State of Georgia for the transitional residency of persons incapable of independent living, within which are provided living and sleeping facilities, meal preparation, laundry services, transportation services and routine social and medical appointments and counseling.
Pharmacy: A place where medicines are compounded or dispensed.
Planned development: A tract of land developed based on a plan which allows for flexibility of design not available under normal zoning district requirements.
Planning commission: shall mean the Ball Ground Planning Commission or Planning Commission designated to act on behalf of the City of Ball Ground.
Plat: A map representing a tract of land, showing the boundaries and location of individual properties and streets.
Plat, final: The final map of all or a portion of a subdivision or site plan which is presented to the planning commission for final approval.
Plat, preliminary: A map indicating the proposed layout of the subdivision or site plan which is submitted to the proper review authority for consideration and approval.
Recovered materials: 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.
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 laws and regulations relating to such solid waste.
Recreational vehicles: Boat trailers and any type of portable structure without permanent foundations, which can be towed, hauled or driven and may be designed as temporary living accommodation for recreational, camping, and travel use, and including travel trailers, truck campers on or off the truck, camping trailers and self propelled motor homes.
Recycling collection point: A primary or accessory use that serves as a neighborhood drop-off point for temporary storage of recoverable resources with no processing of such items taking place.
Residence: A home or dwelling utilized as living quarters.
Rest home: See Home for the aged.
Retail services: Establishments providing services or entertainment, as opposed to products, to the general public, including eating and drinking places, hotels and motels, finance, real estate and insurance, personal services, motion pictures, amusement and recreation services, health, educational and social services, museums and galleries.
Retail trade: Establishments engaged in selling goods or merchandise to the general public and for personal or household consumption and rendering services incidental to the sale of such goods.
Right-of-way: A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer and other similar uses.
Rooming house: See Boarding house.
School: 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.
Setbacks: The required space between a property line and a building or specified structure.
Shopping center: A group of commercial establishments constructed as a singular entity with customer and employee parking provided on site.
Sidewalk: A paved, surfaced or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.
Sign: Any structure, part thereof, or device attached thereto or painted or represented thereon or any material or thing, illuminated or otherwise, which displays or includes any numeral, letter, word, model, banner, emblem, insignia, device, trademark or other representation used as or in the nature of an announcement, advertisement, direction or designation of any person, group, organization, place, commodity, product, service, business, profession, enterprise or industry which is located upon any land or any building or upon a window. The flag, emblem or other insignia of a nation, government unit, educational, charitable or religious group shall not be included.
Sign, animated: A sign with action or motion with moving characters or flashing colors which require electrical energy, including wind actuated elements, such as flags or banners. This term does not include time and temperature or revolving signs.
Sign, announcement: A single face nonilluminated professional or announcement sign, not exceeding two square feet in area, and attached wholly to a building, window or door. Where such sign only includes emergency information, business hours, credit cards honored and other accessory information it shall be known as an "incidental use" sign not requiring a permit.
Sign, building identification: A wall sign used to identify or indicate the name of a building.
Sign, canopy: A sign imposed upon or painted on any roof like structure either permanently or temporarily extended over a sidewalk or walkway, which can be mounted flush or suspended.
Sign, changeable copy: A sign that is designed so that characters, letters, or illustrations can be changed or rearranged without altering the face or surface of the sign.
Sign, construction: A temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors or similar artisans, and the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the structure or project.
Sign, detached: A permanent sign affixed to the ground which is wholly independent of any building for support. This term includes portable display signs.
Sign, directory: A sign containing information relative to the location, distance to, entrance to, and exit from structures, or convenient for visitors coming on the property, including signs marking entrances and exists, parking areas, circulation direction, rest rooms, and pick up and delivery areas, or land use activities.
Sign, event: A temporary sign advertising private sales of personal property such as "house sales," "garage sales," "rummage sales" and the like or private not for profit events such as picnics, carnivals, game nights, art and craft shows and Christmas tree sales.
Sign, flashing: A sign, the illumination of which is not kept constant in intensity at all times when in use, and which exhibits sudden or marked changes in lighting effects.
Sign, general advertising: A detached sign which has a sign area greater than 250 square feet.
Sign, illuminated: A sign illuminated directly or indirectly by gas, electricity or other artificial light including reflective or fluorescent light.
Sign, marquee: A projection sign attached to a roofed structure of a building which may project over public or private sidewalk or rights of way.
Sign, monument: A free standing, detached sign in which the width of the support structure (base) is no less than ¼ the overall height of the sign. The base shall not count toward the area of the sign.
Sign, on-premises: Any sign the content of which relates to the premises on which it is located, referring to the name, location, products, persons, accommodations, services or activities of or on those premises, or the sale, lease, or construction of those premises, or conveying any other message regardless of whether said message relates to the premises where the sign is located.
Sign, personal expression: A detached sign located on private property containing non-commercial messages of the property owner. Obscene messages are prohibited.
Sign, political: Any sign used in connection with political campaigns or civic non commercial health, safety and welfare campaigns.
Sign, portable display: A mobile/temporary, electrical or non electrical changeable copy sign that is mounted on a trailer type frame with or without wheels or skids or portable wood or metal frame and not permanently attached to the ground.
Sign, projection: A sign which is attached to the building wall and which extends more than 18 inches from the face of such wall.
Sign, real estate: A temporary sign advertising the sale, or lease of the property on which it is located.
Sign, real estate directional: A sign which conveys directions to a specific property for sale or lease, such as a real estate development, residential subdivision, apartment or condominium, home for sale, apartment for rent, or any other property for sale or lease.
Sign, roof: A sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the point of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof or the deck line of a building with a mansard roof.
Sign, temporary: A display, informational sign, banner, or other advertisement device with or without a structural frame, not permanently attached to a building, structure or the ground and intended for a limited period of display, including real estate signs, accessory temporary window or display case signs, and decorative displays for holidays, or public demonstrations. This definition does not include portable display signs.
Sign, vehicular: Any sign on an operable vehicle or any vehicle parked temporarily, incidental to its principal use for transportation. This definition shall not include signs which are being transported to a site for erection.
Sign, wall: Any sign attached to or erected against a wall which is an integral part of the building, and projects no more than 18 inches from the wall of the building. Such a sign may be constructed without constituting an encroachment into a required side or front yard setback line. A single face sign which is in any manner attached or fixed flat to an exterior wall of a building or structure. Individual letters in addition to the "box type" (i.e., letters and symbols on an attached backing) sign may also be installed.
Sign, window: A sign affixed to or displayed within 1 foot of a window in any manner so as to be visible from a public right-of-way.
Sign area: The entire face of a sign, its supporting structure and all wall work including illuminated tubing incidental to its decoration. In the case of an open sign made up of individual letters, figures, or designs attached directly to the building or standard the space between such letters, figures or designs shall be included as part of the sign area. When a sign has parallel sides or where the interior angle formed by the faces is less than 45?, the sign shall be considered double-faced. The calculation for a double-faced sign shall be the area of one face only. The copy area of all "V" or "L" shaped signs with an internal angle of greater than 45? shall be considered as a single face. If the faces of a double face sign are of unequal area, the area of the sign shall be taken as the area of the larger face.
Sign clearance: The vertical distance from the established finished grade of the sidewalk or ground to the lower edge of a sign.
Site plan: The development plan for one or more lots on which is shown the existing and proposed conditions of the lot including: topography, vegetation, drainage, flood plains, marshes and waterways; open spaces, walkways, means of ingress and egress, utility services, landscaping, structures and signs, lighting, and screening devices; any other information that reasonably may be required in order that an informed decision can be made by the approving authority.
Solid waste handling facility: Any facility the primary purpose of which is the storage, collection, transportation, treatment, utilization, processing, or disposal, or any combination thereof, of solid waste.
Story: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it and including those finished basements used for the principal use with a floor area greater than 50% of the story above.
Street: A way for vehicular traffic, whether designated as an avenue, boulevard, road, highway, expressway, lane, alley, or other way.
Street, private: Any right-of-way or area set aside to provide vehicular access within a development which has not been dedicated to, nor accepted by the city, and which is not maintained by the city.
Structure: Anything constructed or erected, the use of which requires a location on the ground, or attached to something having a location on the ground.
Subdivider: A person, firm or corporation having such a proprietary interest in the land to be subdivided as will authorize the maintenance or proceedings to subdivide such land under this article, or the authorized agent of such person, firm or corporation for the purpose of proceeding under these regulations.
Subdivision: All divisions of a tract or parcel of for the purpose (whether immediate or future) of sale, lease, legacy or building development; it includes all divisions of land involving a new street to which the public has access (whether private or public) or change in an existing street, and includes re subdivision, and where appropriate to the context, related to the process of subdividing or to the land or area subdivided.
Swale: A depression in the ground which channels runoff.
Tavern: An establishment used primarily for the serving of liquor by the drink to the general public and where food or packaged liquors may be served or sold only as accessory to the primary use.
Tract: An area, parcel, piece of land, or property which is the subject of a development application.
Trailer: Any vehicle or structure constructed so as to permit occupancy thereof as sleeping or living quarters, or the conduct of any business, trade or occupation, or use as selling or advertising device, or use of storage or conveyance for chattel, tools, equipment or machinery, and so designed that it is or may be mounted on wheels and used as a conveyance on highways and streets propelled or drawn by its own or other motive power. This term shall include, but not be limited to: automobiles, motorcycles, boat utility trailers, trailer coaches and manufactured homes.
Trailer, camping: Shall mean any portable structure or vehicle designed for highway travel at legal speed limits without special permit which is intended for temporary living.
Townhouses: Attached houses in a row or group, each house separated from adjoining houses in the same row or group by fire walls and having fee simple title.
Variance: A device which grants a property owner relief from certain provisions of a zoning ordinance when, because of the particular physical surroundings, shape or topographical condition of the property, compliance would result in a particular hardship as distinguished from a mere inconvenience or a desire to make more money.
Waste transfer station: A facility used for the temporary storage and collection of waste materials.
Yard: An open space on the same lot with a building or building group lying to the front, rear, or side of a building extending to the nearest lot line.
Zone: A specifically delineated area or district in a municipality within which regulations and requirements uniformly govern the use, placement, spacing and size of land and buildings.
Zoning ordinance: The Zoning Ordinance of the City of Ball Ground, Georgia as adopted and amended.
(Ord. of 8-11-2022 §§ 1, 2; Ord. of 4-13-2023(4))