Except as specifically defined herein, all words used in this ordinance have their customary dictionary definitions. For the purpose of this ordinance, certain words or terms used herein are defined as follows:

The word "shall" is always mandatory.

The word "may" is permissive.

The word "lot" includes the word "plot" or "parcel."

The word "structure" includes the word "building."

The word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as individual.

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

The word "map" or "zoning map" shall mean the official zoning map of the City of Bloomingdale, Georgia, and may include a series of maps in sections.

The term "planning commission" refers to the Bloomingdale Planning Commission.

The term "building inspector" refers to the person subsequently and specifically designated by the council and so employed as the Building Inspector for the City of Bloomingdale, or authorized representative of that office.

The term "board of appeals" refers to the City Council of the City of Bloomingdale.

The term "city clerk" refers to the City Clerk of Bloomingdale, or authorized representative of that office.

The terms "council," "city council," or "mayor and council" refer to the legally constituted and elected governing body of the City of Bloomingdale.

(1501.1) Accessory. A use or building subordinate to the principal building on a lot and used for purposes customarily incidental to the main or principal use or building and located on the same lot herewith.

(1501.2) Alley. A secondary way which affords access to the side or rear of abutting property.

(1501.3) Alteration of building. Any change in the supporting members of a building (such as bearing walls, columns, or girders), any addition or reduction to a building; any change in use; or any relocation of a building from one location or position to another.

(1501.4) Boardinghouse. A dwelling in which meals, but not lodging, are provided.

(1501.5) Building. A structure which is completely enclosed by a roof and by exterior walls along whose outside faces can be traced an unbroken line for the complete circumference of the structure, and used or intended for the shelter, support, or enclosure of persons, animals, or property of any kind.

(1501.6) Building, principal. A building in which is conducted the principal use of the lot on which said building is situated.

(1501.7) Building line. That line which represents the distance a building or structure must be set back from a lot boundary or a street right-of-way line or a street centerline according to the terms of this ordinance. In all cases, the building lines of a lot shall be determined to run parallel to and set back the appropriate distance required within the district in which the lot is located from street right-of-way lines, street centerlines, or other lot boundary lines.

(1501.8) Conditional use. A use (sometime[s] called a "special exception") that would not be appropriate generally or without restriction throughout a zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would not be injurious to the public health, safety, welfare, morals, order, comfort, convenience, appearance, or general welfare. Such uses may be permitted only in zoning districts listed in article VI upon appeal, if conditional use permits are granted by the city council.

(1501.9) Clinic. An establishment where medical or dental patients who are not lodged overnight are admitted for examination or treatment.

(1501.10) Cluster development. A change from the conventional pattern of subdivision development which groups housing units into relatively tight units while providing a unified network of open space. A variety of housing types may be utilized in clusters, including single-family, townhouses, and condominiums.

(1501.11) District. The term applied to various geographical areas for purposes of interpreting the provisions of this ordinance. The districts are designated with the use of symbols on the official zoning map. Regulations controlling land use in the various districts are set forth in article V, zoning district schedule. The terms "district" and "zoning district" are synonymous and are used interchangeably throughout this ordinance.

(1501.12) Dwelling. A building or portion of a building arranged or designed to provide living quarters for one or more families. The terms "dwelling," "dwelling unit," and "residence" are synonymous.

(1501.13) Dwelling, one-family. A detached dwelling designed for or occupied exclusively by one family on a single lot.

(1501.14) Dwelling, two-family. A dwelling arranged or designed to be occupied by two families in separate dwelling units living independently of each other on a single lot.

(1501.15) Dwelling, group. A building or portion of a building occupied or intended for occupancy by a number of unrelated persons or families, but in which separate cooking facilities are not provided for such resident persons or families. The term "group dwelling" includes, but is not limited to, the terms "roominghouse," "apartment hotel," "nursing home," "fraternity or sorority house," "Y.M.C.A." or "Y.W.C.A." A hotel, motel, or tourist home shall not be deemed to be a group dwelling as herein defined.

(1501.16) Dwelling, multiple family. A building or series of buildings on the same lot or portions thereof used or designed and rented as dwellings for three or more families living independently of each other, with the number of families in residence not exceeding the number of dwelling units provided. The term "multiple-family" and "multifamily" are synonymous.

(1501.17) Dwelling unit. One or more rooms connected together and constituting a separate, independent housekeeping establishment for use on a basis involving owner occupancy or rental or lease on a weekly, monthly, or longer basis with provisions for cooking, eating, and sleeping and physically set apart from any other rooms or dwelling units in the same structure or another structure.

(1501.18) Drive-in. A retail or service enterprise oriented to automobile driving patrons wherein service is provided to the consumer on the outside and/or inside of the principal building. The term "drive-in" includes drive-in restaurants, dairy bars, theaters, banks, and car washes.

(1501.19) Family. One or more persons occupying a single dwelling unit and using common cooking facilities, provided that unless all members are related by blood or marriage, no such family shall contain over five persons, but further provided that domestic servants employed on the premises may be housed on the premises.

(1501.20) Garage, public. Any garage other than a private garage which is used for storage, minor repair, rental, servicing, washing, adjusting, or equipping of automobiles or other vehicles.

(1501.21) Garage, private. An accessory building or portion of a principal building used only for the private storage of motor vehicles as an accessory use.

(1501.22) Garage, repair. Building and premises designed or used for repairing motor vehicles, provided that body work and painting shall be conducted within fully enclosed buildings and provided further that self-propelled vehicles in process of repair shall be stored in a fully enclosed and secluded area.

(1501.23) Home occupation. Any use conducted entirely within a dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and meeting the requirements of section 800.

(1501.24) Junk or salvage yards. The use of any part of a lot, whether inside or outside of a building, for the storage, keeping, abandonment, sale or resale of junk, salvage, or scrap materials, or the dismantling, demolition, or abandonment of automobiles and other vehicles, machinery, equipment, or parts thereof.

(1501.25) Loading space, off-street. Space logically and conveniently located for pickups and deliveries off public rights-of-way, scaled to delivery vehicles expected to be used, and accessible to such vehicles at all times.

(1501.26) Lot. An area designated as a separate and distinct parcel of land on a legally recorded subdivision plot or in a legally recorded deed as filed in the official county records.

(1501.27) Lot, corner. A lot located at the intersection of two or more streets.

(1501.28) Lot, double frontage. A lot which has frontage on more than one street, provided however, that no corner lot shall qualify as a double frontage lot unless said corner lot has frontage on three or more streets.

(1501.29) Lot width. The distance between side lot lines measured at the front building line.

(1501.30) Mobile home. A detached single-family dwelling unit with all the following characteristics:

(a)

Designed for longterm occupancy and containing sleeping accommodations, a flush toilet, a bath, and kitchen facilities, with plumbing, and electrical connections provided for attachment to outside systems.

(b)

Designed to be transported after fabrication on its own wheels or on a flatbed.

(c)

Arriving at the site complete and ready for occupancy and requiring only minor work before occupancy.

(1501.31) Mobile home park. A parcel of land which has been planned and improved for the placement of two or more mobile homes. A conditional use permit shall be required for the establishment of a mobile home park.

(1501.32) Motel. A building or buildings in which lodging is provided and offered to the public for compensation, which is open to transient or permanent guests. The word "motel" includes the terms "hotel" and "tourist court" consisting of ten or more rooms or units.

(1501.33) Nonconforming use. A structure or land lawfully occupied by an existing use which does not conform with the permitted uses for the zoning district in which it is situated, either at the effective date of this ordinance or as the result of subsequent amendments to this ordinance.

(1501.34) Parking lot. Any public or private open areas for the express purpose of parking automobiles and other vehicles with the exception of areas on the premises of single-family dwellings used for parking purposes incidental to the principal use. Parking lots may be the principal use on a given lot or an accessory use to the principal use on a given lot.

(1501.35) Parking space. A space not less than nine by 20 feet plus maneuvering space within a parking lot or on a single-family dwelling lot expressly provided for purposes of parking an automobile or other vehicle.

(1501.36) Patio house. A single-family dwelling in which most, or all, of a lot is used with yard space combined instead of divided. Front, rear, and side yards are consolidated into one garden area, either partially or completely bordered by rooms or enclosed by walls.

(1501.37) Planned unit development. A group of three or more buildings constructed on a plot of ground at least two acres not subdivided which provides for common open spaces and a variety of choice in housing types and land utilization. Land ownership or rental patterns may vary with rental units, cooperatives, and condominiums being choices open to PUD developers. If common open spaces, including streets are not dedicated for public use, legal agreements shall include provision for adequate future maintenance. The terms "planned unit development" and "PUD" are interchangeable.

(Sec. 1501.37.1) Planned development overlay district. The purpose of this district shall be to provide areas within which comprehensive development plans shall be prepared and reviewed by the planning commission and mayor and council in order to secure an orderly development pattern. Such district shall be considered "overlay" districts, and the uses permitted in such district shall be those uses permitted in the zoning district which they overlay. Property may be rezoned to a "P" classification on the finding by the planning commission that:

(a)

Such rezoning would be in the community's best interest.

(b)

Unplanned and uncoordinated development could result in potential problems in such areas as traffic flow, schools, recreation and open spaces and public facilities.

(c)

To ensure an orderly growth and development, it is appropriate to acquire approval of specific development plans by the mayor and council.

(1501.38) Sign. The term "sign" shall mean and include every outdoor advertising device, billboard, poster panel, freestanding ground sign, roof sign, projecting sign, pylon sign, illuminated sign, sign painted on a wall, window, marquee, awning or canopy, and shall include any announcement, declaration, demonstration, display, ribbon, banner, illustration, or insignia used to advertise or promote the interests of any person when the same is placed in view of the general public, traveling along a public street right-of-way.

(1501.39) Signs, number and surface area. For the purpose of determining number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single sign. The surface area of a sign shall be computed as including the entire area within a regular geometric form or combinations of regular geometric forms comprising all of the display area of the sign and including all of the elements of the matter displayed. Frames and structural members not bearing advertising matter shall not be included in computation of surface area.

(1501.40) Sign, on-site. An outdoor advertising device relating in its subject matter to the premises on which it is located, or to products, accommodations, services, or activities on the premises.

(1501.41) Sign, off-site. An outdoor advertising device other than an on-site sign.

(1501.42) Street. A dedicated and accepted public right-of-way for vehicular traffic which affords the principal means of access to abutting properties.

(1501.43) Structure. Anything constructed or erected, the use of which requires more or less permanent location on the ground or which is attached to something having more or less permanent location on the ground.

(1501.44) Subdivision. A tract parceled into two or more lots for the purpose of residential development.

(1501.45) Tourist home. A dwelling in which sleeping accommodations in less than ten rooms are provided or offered for the use of guests in return for compensation. Any dwelling in which such accommodations are offered in ten or more rooms shall be deemed to be a hotel as herein defined. The use of a dwelling as a tourist home shall not be considered an accessory use nor a customary home occupation.

(1501.46) Tract. See "Lot," 1501.26.

(1501.47) Use, accessory. See "Accessory," 1501.01.

(1501.48) Use, conditional. See "Conditional use," 1501.08.

(1501.49) Use, principal. The primary purpose for which a lot is occupied and/or used.

(1501.50) Variance. A modification of the strict terms of this ordinance granted by the board of appeals where such modification will not be contrary to the public interest, and where, owing to conditions peculiar to the property such as irregular lot size, topographic or other characteristics of the land and not as the result of any action on the part of the property owner, a literal enforcement of this ordinance would result in unnecessary and undue hardship. Such modification may not authorize a principal or accessory use of the property which is not permitted within the zoning district in which the property is located.

(1501.51) Wetlands. Those lands classified as "poorly or very poorly drained soils" by the soil conservation service.

(1501.52) Yard. A required space on the same lot with a principal building, open, unoccupied, and unobstructed by buildings or structures from ground to sky except where encroachments or accessory buildings and other structures are expressly permitted. Plant materials, fences, signs, utility poles, lawn lights, and related structures may be permitted within any yard area provided they do not create a traffic safety hazard.

(1501.53) Yard, front. A yard situated between the front building line and the front lot line extending the full width of the lot.

(1501.54) Yard, rear. A yard situated between the rear building line and the rear lot line and extending the full width of the lot.

(1501.55) Yard, side. A yard situated between a side building line and a side lot line and extending from the front yard to the rear yard.

(1501.56) Zoning district. See "District," 1501.11.

(Ord. of 2-6-2003(2), § 1(1501.37.1))