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 are hereby defined.

Words used in the present tense include the future tense. Words used in the singular include the plural, and words used in the plural include the singular.

The word "shall" is mandatory.

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

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

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."

Accessory Use-A use customarily incidental and subordinate to the principal use of a lot and location on the same lot as such principal use.

Alley-A public or private service way which provides only secondary access to the rear or side of abutting property and not intended for general traffic circulation.

Alteration, Building or Structural-Any change in the supportive members of a building (such as any type of supporting structural member) except such change as may be required for its safety; additions to a classification to another, or of a building from one location to another.

Apartment Building-See Dwelling, Multi-Family.

Basement-A story having a part by not more than one-half of its height below grade. A basement is counted as a story for the purpose of height regulations.

Boarding House-A dwelling, other than a hotel, where for compensation and by prearrangement for definite periods, meals, or lodging and meals are provided.

Buffer Strip-A screen of shrubs, trees, or similar plants of sufficient height and density to establish interrupted vision from one side to the other.

Building-Any structure having a roof supported by columns or walls designed or built for the support, enclosure, shelter, or protection of person, animals, chattels, or property of any kind.

Building, Accessory-A subordinate building or a portion of the principal building, the use of which is incidental to the dominant use of the principal building on the same lot.

Building, Principal-A building in which is conducted the main or principal use of the lot on which said building is situated.

Building Setback Line-A line establishing the minimum allowable distance between the nearest portion of any building, excluding steps, gutters, and similar fixtures, and the center line of the abutting street on which the building faces or the right-of-way line, whichever is greater.

Cellar-That portion of a building between floor and ceiling which is wholly or partly below grade, and having more that[than] one-half of its height below grade. A cellar is not counted as a story for the purpose of height regulations.

Center line of Street-That line surveyed and monumented by the proper governing authority shall be the center line of the street, or if such a center line has not be[en] surveyed, it shall be that line running midway between the outside curbs or ditches of the street, or the middle of the traveled roadway of the street. The centerline will always be less than right of way line.

Child Care Center-Place for the rendering of service on regular basis, with or without remuneration, in the boarding, feeding, supervising, or tutoring seven (7) or more children who are not members of the family, including day nurseries, kindergartens, nursery schools, and similar services. This definition does not include tax-supported, public schools.

City Council-The City Council of the City of Bowdon, Georgia.

Clinic-A building or a portion of a building where patients are not lodged overnight, but are admitted for examination and treatment by a group of physicians or dentists practicing together.

Club, Private-A building or portion thereof of premises owned or operated by a corporation, association, person, or persons for social, educational, or recreational purpose, but not primarily for profit or to render a services which is customarily carried on as a business.

Conditional Uses-A use for a particular piece of property which may be allowed by the Planning Commission when specifically listed in and provided for by the Ordinance. A conditional use is subject to restrictive requirements as in the opinion of the Planning Commission would be necessary to insure[ensure] that the use is not detrimental to surrounding property. A fifteen (15) day notice of public hearing is to be published in the local newspaper.

Convenience Goods-Basic food, snacks, beverages, and supplies.

Convenience Store-Any business that is primarily engaged in the retail sale of convenience goods, gasoline/petroleum products, and has less than four thousand (4,000) square feet of retail floor space. There can be no more than two convenience stores located within any area having a radius of five hundred (500) yards from the nearest property line of another convenience store or similar business, not including supermarkets and drug stores.

District-Any section of the City of Bowdon within which the zoning regulations are uniform.

Dwelling-A building or portion thereof designed, arranged, or used principally for residential occupancy, but not including manufactured nor mobile homes.

Dwelling, Multi-Family-A single building designed for and occupied exclusively by three (3) or more families.

Dwelling, Multi-Family-Complex-Multi-Family housing developments consisting of thirty (30) or more dwellings combined in no less than duplexes.

Dwelling, Single-Family-A structure containing not more than one (1) dwelling unit designed for residential use, which meets or exceeds the following standards:

1.

Minimum width in excess of sixteen (16) feet.

2.

Minimum square footage required by the zone in which located.

3.

The roof shall have a minimum 2:12 roof pitch and shall have a surface of wood shakes, asphalt composition, wood shingles, concrete, fiberglass or metal tiles, slate, built up gravel materials, or other materials approved by the building official.

4.

The exterior siding material shall consist of wood, masonry, concrete, stucco, Masonite, metal or vinyl lap or other materials of like appearance.

5.

Be attached to a permanent foundation.

6.

Be constructed according to standards established by building codes in effect in the City as amended from time to time.

Dwelling, Two-Family (Duplex)-A building designed for and occupied exclusively by two (2) families which also meet the standards for a single-family dwelling.

Dwelling Unit-A structure or portion of any structure designed arranged and used for living quarters for one (1) or more persons living as a single housekeeping unit with cooking facilities, but not including units in hotels, motels, boarding houses or like uses.

Family-One or more persons occupying a dwelling and living as a single housekeeping unit, all of whom or all by two (2) of whom are related to each other by birth, adoption, guardian, or marriage as distinguished from a group occupying a boardinghouse, rooming house, or hotel as herein defined.

Floor Area-

(a) Commercial, Business, and Industrial-The Sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the center line of walls separating two (2) buildings.

(b) Residential-The gross horizontal areas of the several floors of a dwelling, measured from the exterior faces of the exterior walls, including habitable basements, and one-half of the area of integrally roofed porches.

Garage, Private-An accessory building designed or used for the storage of motor-driven vehicles owned and used by the occupants of the building to which it is accessory.

Garage, Public-A building or portion thereof, other than a private storage or parking garage, designed or used for equipping, servicing, repairing, hiring, selling, or storing of motor-driven vehicles, but not including the storage of wrecked or junked vehicles.

Garage, Storage or Parking-A building or portion thereof designed or used exclusively for storage or motor-driven vehicles and within which motor fuels and oils may be sold, but no vehicles are equipped, repaired, hired, or sold.

Home Occupation-Any occupation or activity carried on by a member of a family residing on the premises, in connection with which there is no group instruction, assembly or activity, and no sign is used other than a nameplate not more that[than] two (2) square feet in area which is neither illuminated nor animated, or no display that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling; no commodity is sold upon the premises; no person is employed other than a member of the immediate family residing on the premises; no mechanical equipment is used except that which is normally used for purely domestic or household purposes; no noise is created which can be heard beyond any property line; and no dust, odor, smoke, vibration, glare, electric disturbance, or radioactivity is created which is perceptible beyond any property lines.

Hotel-A building in which lodging, or boarding and lodging, are provided and offered to the public for compensation and in which ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all hours. A hotel is open to the transient public, as opposed to a boardinghouse or a rooming house, which are herein separately defined.

Institution-Premises occupied by a nonprofit corporation or nonprofit establishment for public or semipublic use.

Junk Yard-An uncovered area whether enclosed or not, where used or second-hand materials are sold, exchanged, stored, or handled. A junkyard shall include an automobile wrecking yard. Any property upon which there is located three (3) or more motor vehicles without a current tag shall be considered a junkyard.

Loading Space-A space having a minimum dimension of twelve (12) by thirty-five (35) feet and a vertical clearance of at least fourteen (14) feet within the main building or on the same lot, providing for the standing, loading, or unloading of trucks.

Lot-A portion of land occupied or intended to be occupied by a common use, or occupied, or intended to be occupied by a building or group of buildings devoted to a common use, together with the customary accessory buildings and uses, parking spaces, and open spaces belonging to the same and having its principal frontage upon a street; includes the terms "plot" and "parcel."

Lot, Corner-A lot abutting upon two (2) or more streets at their intersection.

Lot of Record-A lot, the boundaries of which were filed as a legal record, whether by subdivision plat or by metes and bounds, at the time of adoption of this Ordinance.

Lot, Trough-A lot, other than a corner lot, abutting two (2) streets.

Lot, Width-The width of the lot at the front building setback line.

Major Street-A street or highway being a part of the system of principal streets as shown on the Zoning Map.

Manufactured Home-Structure defined by and constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 as amended, 42 USC 5401 et seq. All manufactured homes must be constructed in accordance with standards of the National Manufactured Housing Construction and Safety Standards Act. When placed in a residential zoning district, manufactured homes shall meet the minimum compatibility standards therein set forth. Such homes shall be comparable in regard to size, siding material, roof material, foundation, and overall aesthetic appearance to site built housing located within a one thousand (1,000) foot square area of the proposed site on which home is to be located. Any manufactured home located within the City must meet the following standards:

(1)

Minimum width in excess of sixteen (16) feet;

(2)

Minimum square footage required by the zone in which located;

(3)

The roof shall have a minimum 2"[:]12 roof pitch and shall have a surface of wood shakes, asphalt composition, wood shingles, concrete, fiberglass or metal tiles, slate, built-up gravel materials, or other materials approved by the building official;

(4)

The exterior siding material shall consist of wood, masonry, concrete, stucco, Masonite.[, metal] Metal or vinyl lap or other material of like appearance; and

(5)

Be attached to a permanent foundation.

(6)

The manufactured home shall not be older than 7 years.

Manufactured Home Community-A lot, or parcel of land, or place where two (2) or more manufactured homes or mobile homes are parked for residential purposes, or where space is set aside and offered for rent for manufactured homes.

Mobile Home-A structure, transportable in one (1) or more sections, which in the traveling mode, is eight (8) body feet in width or forty (40) body feet or more in length, or when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation and connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein and was manufactured prior to June 15, 1976. No mobile home not currently located in the City as of August 1, 2004, may be placed on any property inside the city limits.

Mobile Home Park-Any plot of ground on which two (2) or more mobile homes are located and occupied.

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 and which bears a seal of compliance with regulations of either the Southern Building Code Congress International or the Georgia Industrialized Building Act.

Motel-A building or group of buildings used for the temporary occupancy of transients and containing no facilities for cooking in the individual units.

Moved Homes-A structure that is intended to be transported, moved or relocated within or into the City over the roads or streets to a temporary or permanent location. For the purpose of this definition, a moved home is a dwelling.

Nonconforming Use-Any building or land lawfully occupied by a use at the time of passage of this Ordinance, or amendment thereto, but which does not conform, after the passage of this Ordinance or amendment thereto, with the use regulations of the district in which it is situated.

Nursing Home-A home for the aged or infirm in which three (3) or more persons not of the immediate family are received, kept, or provided with food and shelter or care for compensation; but not including hospitals, clinics, or similar establishments devoted primarily to the diagnosis and treatment of the sick or injured.

Outdoor Advertising Sign-Any sign used as an outdoor display for the purpose of making anything known, the matter advertised or displayed being remote from its origin or point of sale.

Owner-The owner of a fee simple title or record, or a vendee under a contract of purchase agreement.

Parking Area- An open, unoccupied space used or required for use for parking of vehicles exclusively and in which no gasoline or vehicular accessories are sold or no other business is conducted and no fees are charged.

Parking Lot-An open area used exclusively for the temporary storage of motor vehicles and within which motor fuels and oils may be sold and fees charged, but no vehicles are to be equipped, repaired, rented or sold.

Parking Space-A space, enclosed or unenclosed, having an area of not less than 200 square feet exclusive of driveways and maneuvering areas, permanently reserved for the temporary storage of one (1) vehicle and connected with a street or alley by a driveway.

Person-Any individuals, firm, trust, partnership, or corporation, or any other legal entity capable of ownership.

Planning Commission-The Bowdon Planning Commission

Premises-A lot, together with all buildings and structures existing thereon.

Rooming House-A building other than a hotel where lodging for three (3) or more persons not of the immediate family is provided for definite periods and for compensation and by prearrangement for definite periods.

Sign-An attached or free-standing outdoor advertising display for the purpose of conveying some information, knowledge, or idea to the public.

(a) Accessory Sign-A professional or identification sign not exceeding sixteen (16) square feet in area, and which state the name or location or an incorporated or unincorporated community, public or private institution, or the name and meeting place of an official or civic body. Accessory signs shall not advertise a business activity or a product for sale or rent.

(b) Principal Sign-An attached, free-standing, or structural sign pertaining to announcing or describing the principal use or uses of the premises, or to products or services available on the premises.

(c) General Advertisement Sign-Any display, including billboards, flags, pennants, lights, signals, or structures which advertise businesses, products, or services available at other locations, or any display or sign exceeding two hundred (200) square feet in area.

Smoke Shop-Any business establishment dedicated to the display, sale, distribution, delivery, offering, furnishing, marketing or use of tobacco, tobacco products, or alternative nicotine products/instruments, or any combination thereof, including, but not limited to, cigarettes, cigars, e-cigarettes, hookahs, vapes.

This definition shall not include grocery stores, convenience stores, gas station, or similar retail use that only sells conventional cigars, or alternatively sells cigarettes only as an accessory sale (ten percent or less of total sales).

Such businesses shall not be located within 200 yards of any Church, Synagogue or Place of Worship, Daycare, School, College, University or Government owned Facility or Property, or within 500 yards of another Smoke Shop. Distances shall be measured by a straight line, without regard to intervening structures or objects, from the front door of the smoke shop to the closest point on a boundary of any parcel containing a Church, Synagogue or Place of Worship, Daycare, School, College, University or Government owned Facility or Property, or another Smoke Shop.

Street-A public way for vehicular traffic, which is open to the general public and which, affords the principal means of access to abutting property.

Street Line-The dividing line between a lot, tract, or parcel of land and a contiguous street.

Structure-Anything constructed or erected with a fixed location on or in the ground. Structures include, but are not limited to the following: site built buildings, industrialized building, modular homes, manufactured homes, mobile homes, billboards, swimming pools, advertising signs, satellite dishes, and fall-out[fallout] shelters.

Trailer Court-See Mobile Home Park.

Trailer, House-See Mobile Home.

Variance-A deviation from the strict application of this Ordinance which may be recommended by the Planning Commission, but which does not involve a change of land use. (See Pare[sic] 920).

Yard-A space on the same lot with a principal building, open, unoccupied, and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted.

Yard-Front-A yard extending the full width of the lot, and situated between the right of way line of the abutting street and the front line of the principal building.

Yard-Rear-A yard extending the full width of the lot at the rear line of the principal building from the rear line of the lot to the nearest point of the principal building.

Yard, Side-A yard situated between the principal building and side line of the lot and extending from the rear line of the lot of the front yard to the front line of the rear yard.

Zoning Map-The "Zoning Districts Map of the City of Bowdon, Georgia."

(Ord. Of 1-14-1985; Ord. of 7-11-2022; Res. of 10-09-2023)