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 always mandatory.

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

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

The word "constructed" includes the word "erected", "built", "altered", "rebuilt", and "repaired".

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" refers to the document entitled "Official Zoning Map of Brooklet, Georgia," which is dated the date of the adoption of this ordinance (3-4-2002), is certified by the mayor as the "Official Zoning Map of Brooklet, Georgia," is kept in the zoning administrator's office, where it is available for public inspection, and is incorporated herein by reference.

Section 2-2. Accessory building. A detached structure designed for a use which is clearly incidental to and subordinate to the principal structure or use of the land, and which is located on the same lot as the principal structure or use. Types of accessory structures include, but are not limited to, the following:

A.

Detached garage and/or carport.

B.

Storage buildings and/or barns.

C.

Free standing greenhouses.

D.

Pool houses.

E.

Tennis courts.

F.

Freestanding workshops.

G.

Gazebos.

Section 2-2(a). Accessory use. A use customarily incidental and subordinate to the principal use or building, and located on the same lot with such principal use or building.

Section 2-3. Administrator, zoning. The representative whom the city council has designated as its agent for the administration and enforcement of these regulations.

Section 2-4. Alley. A private or public thoroughfare which affords only a secondary means of access to abutting property and is not intended for general traffic circulation.

Section 2-5. Alteration, building or structural [structure]. Any change in the supporting members of a building except such a change as may be required for its safety; any addition to a building; any change in use from that of one district classification to another; or moving of a building from one location to another.

Section 2-6. Apartment. A room or group of rooms providing complete living quarters for occupancy by one family and which is part of a residential building designed for occupancy by two or more families.

Section 2-7. Apartment house. A building arranged, intended or designed to be occupied by two or more families living independently of each other.

Section 2-8. Boarding or rooming house. Any dwelling in which two or more persons either individually or as families are housed for payment with or without meals.

Section 2-9. Buffer strip. A space developed or improved with evergreen trees or other plantings and/or a fence or wall which may be required in certain locations to reduce the conflicting or adverse effects of different uses abutting each other.

Section 2-10. Building. Any structure which is (a) permanently affixed to the land; (b) has one or more floors and a roof; and, (c) is bounded by either an open area or the lines of a zoning lot. A building shall not include such structures as billboards, signs, fences, or radio towers.

Section 2-11. Building height. The vertical distance of a building measured from the average elevation of the finished lot grade along the front of the building to the highest point of the building.

Section 2-12. Building inspector. The representative whom the city council has designated as its agent for the purpose of insuring compliance with building codes.

Section 2-13. Building, main or principal. The principal building on a lot or building site designed or used to accommodate the primary use to which the premises are devoted; where a permissible use involves more than one structure designed or used for the primary purpose, as in the case of group houses, each such permissible building on one lot as defined by this ordinance shall be construed as comprising a main building.

Section 2-14. Building site. "Building site" means the ground area of one lot or the ground area of two or more lots when used in combination for a building or group of buildings, together with all open spaces required by this ordinance.

Section 2-15. Business or commerce. The purchase, sale or other transaction involving the handling or disposition of any article, service, substance or commodity for livelihood or profit; or the management of office buildings, offices, structures and premises by professions and trade rendering services.

Section 2-16. Care home. An orphanage, rest home, nursing home, convalescent home, boarding home for the aged, or similar use established to render domiciliary care, but not including facilities for the care of mental patients, epileptics, alcoholics, drug addicts and not including nursery schools.

Section 2-17. Center-line of a street. The center-line of a street is the line surveyed and monumented by the governing body as such, or if a center-line has not been surveyed and monumented, it shall be that line midway between the outside curbs or ditches of the street.

Section 2-18. Club or lodge, private. An incorporated or unincorporated association for civic, social, cultural, religious, fraternal, literary, political, recreational, or like activities, operated for the benefit of its members and not open to the general public.

Section 2-19. Curb cut. The providing of ingress and/or egress between property and an abutting public street.

Section 2-20. Dwelling. A building designed or used for permanent living quarters for one or more families.

Section 2-21. Dwelling, single family. A detached building used and either designed or constructed for one family.

Section 2-22. Dwelling, multi-family. A building either designed, constructed, altered, or used for two or more families housed in separate and adjoining dwelling units, with each dwelling unit having a common wall or common floor connecting it to at least one other dwelling unit in the building.

Section 2-23. Dwelling unit. An enclosure of one or more rooms, including kitchen facilities, designed or constructed as a unit for residential occupancy by one family.

Section 2-24. Family. One or more persons occupying a single dwelling unit and provided further the maximum number of individuals that may be considered a single family is six related individuals; provided further, that unless all members are related by blood, marriage or adoption no such family shall contain over three persons. In addition, the related family may have up to two additional individuals living with them. The term "family" does not include any organization or institutional group. Unless a variance is granted the maximum number of individuals that may comprise one family is six.

Section 2-25. Farm. Any plot or tract of land consisting of at least three acres and devoted to agricultural purposes.

Section 2-26. Floor area, gross. The total number of square feet of floor area in a building determined by horizontal measurements between the exterior faces of walls, excluding basement areas, porches, carports, and garages.

Section 2-27. Home occupation. An occupation or activity and the sale of the products/services when such occupation or activity takes place in the same building used as a private residence or in an accessory building, and is conducted by residents only. Such activity shall be confined to 25 percent of the total floor area of the principal building on the lot. See Section 6-1.

Section 2-28. Hospital. Any institution receiving in-patients, or a public institution receiving out-patients, and authorized under Georgia law to render medical, surgical, and/or obstetrical care. The term "hospital" shall include a sanitarium for the treatment and care of mental patients, epileptics, alcoholics, or drug addicts, but shall not include office facilities for the private practice of medicine or dentistry.

Section 2-29. Hospital, animal. "Animal hospital" means an establishment in which veterinary services, clipping, bathing, boarding and other services are rendered to dogs, cats and other animals and domestic pets.

Section 2-30. Junk yard. Any land or building, used for the abandonment, storage, keeping, collecting, or bailing of paper, rags, scrap metals, other scrap or discarded materials, or for the abandonment, demolition, dismantling, storage, or salvaging of three or more automobiles or other vehicles, machinery, or parts thereof, whether for profit or not.

Section 2-31. Kennel. A place where four or more adult dogs or cats are kept, whether by owners of the dogs and cats or by persons providing facilities and care, whether or not for compensation. An adult dog or cat is an animal of either sex, altered or unaltered, that has reached the age of four months.

Section 2-32. Lot, corner. A lot having frontage on two or more public streets at their intersection. See section 3-14.

Section 2-33. Lot depth. The average horizontal length between the front and rear lot lines.

Section 2-34. Lot of record. A lot which is part of a subdivision recorded in the office of the Clerk of the Superior Court, or a parcel described by metes and bounds, the description of which has been so recorded.

Section 2-35. Lot, double frontage. A lot, other than a corner lot, having frontage on more than one street.

Section 2-36. Lot width. The distance between the side lot lines, measured along the front yard setback line as established by this ordinance, or if no setback line is established, the horizontal distance between the side lot lines measured along the street right-of-way line.

Section 2-37. Map (zoning map). The word "map" or "zoning map" refers to the document entitled "Official Zoning Map of Brooklet, Georgia," which is dated the date of the adoption of this ordinance [3-4-2002], is certified by the mayor as the "Official Zoning Map of Brooklet, Georgia," is kept in the zoning administrator's office, where it is available for public inspection, and is incorporated herein by reference. App. B § 2-38

Section 2-38. Manufactured home/building. Manufactured home means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 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 when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401 et. seq.

Section 2-39. Manufactured home/building community. Land used or intended to be used, leased or rented for occupancy by three or more manufactured buildings to be used for living or commercial purposes of any kind, together with automobile and parking space and incidental utility structures and facilities required and provided in connection therewith. This definition shall not include manufactured home sales lots on which unoccupied manufactured homes are parked for purposes of inspection and sale. See section 3-12 for the definition of a mobile office.

Section 2-40. Modular building. Single[-family] and multi-family houses, apartment units, commercial buildings, and permanent additions thereof, comprised of one or more sections that are intended to become real property, primarily constructed at a location other than the permanent site, built to comply with O.C.G.A. § 8-2-110 et seq., and shipped with the most permanent components in place to the site of final assembly. For purposes of this chapter [ordinance], a modular building shall not include a mobile office as defined herein or any manufactured building as defined herein. To be distinguished from a manufactured home/building, a modular building must be permanently affixed to the real property and aesthetically meet the guidelines set forth in section 3-28.

Section 2-41. Non-conforming use. Any lawful use existing at the time of enactment of this ordinance that does not conform with the use for the district as specified in this ordinance.

Section 2-42. Nursing home. A "nursing home" is a facility which admits patients on medical referral only and for whom arrangements have been made for continuous medical supervision; it maintains the services and facilities for skilled nursing care, rehabilitative nursing care, and has a satisfactory agreement with a physician and dentist who will be available for any medical and/or dental emergency and who will be responsible for the general medical and dental supervision of the home. (This would include a hospital and a care home.)

Section 2-43. Nursery school. An agency, organization or individual providing daytime care of four or more children not related by blood or marriage or not the legal wards or foster children of the attendant adult.

Section 2-44. Principal use. The principal purpose for which a lot or the main building thereon is designed, arranged, or intended, and for which it is or may be used, occupied, or maintained.

Section 2-45. Professional office building. A building constructed for or remodeled for use as office space for professions including, but not limited to, medical, dental, legal, forestry, surveying, financial, architectural, engineering, real estate, or insurance. See section 6-5.

Section 2-46. Public street. Right-of-way dedicated to the city or owned by the city for public street purposes.

Section 2-47. Setback line. Building: A line delineating the minimum allowable distance between the property line and a building on a lot, within which no building or other structure shall be placed except as otherwise provided.

A.

Building setback, front: The minimum allowable distance between the street right-of-way, or an official future street right-of-way, and the front of a building [or] structure on a lot. The front setback distance applies to the full width of the lot and is parallel to or concentric with the street right-of-way.

B.

Building setback, rear: The minimum allowable distance between the rear property line of a building [or] structure and a lot. The rear setback applies to and extends the full width of the lot.

C.

Building setback, side: The minimum allowable distance between the side property line and a building or structure on a lot. The side setback applies to the full depth of a lot.

Section 2-48. Shopping center. Two or more commercial establishments in a single building with off-street parking and loading facilities provided on the property.

Section 2-49. Sign. Any surface, fabric, or device bearing lettered, pictorial, or sculptured matter designed to convey information visually and exposed to public view; or any structure including billboard or poster panel designed to carry the above visual information.

Section 2-49.1. Sign, attached. Any permanent sign attached to a building, whether the wall, roof, window, door, or painted on the building.

Section 2-49.2. Sign, free-standing. Any permanent sign attached to the ground that is wholly independent of any building or similar structure, which includes signs mounted on a pole, "monument"-type signs, or signs attached directly to the ground.

Section 2-49.3. Sign, permanent. Any sign that is intended to be in place for more than six months.

Section 2-49.4. Sign, temporary. Any sign that is not intended to be in place for more than six months.

Section 2-50. Special exception. A special exception is a use which within certain districts specified by this ordinance is not permitted as a matter of right but may be permitted within these districts by the city council after the council has (1) reviewed the proposed site plans for the use, its location within the community, its arrangement and design, its relationship to neighboring property and other conditions peculiar to the particular proposal which would determine its desirability or undesirability; (2) has found the proposal not to be contrary to the intent of this ordinance; and (3) has approved the use as specified.

Section 2-51. Street. Relates to, and includes streets and avenues, boulevards, roads, highways, expressways, and other ways. See section 2-46.

Section 2-51.1. Major street. A street having a 60-foot right-of-way and/or designated as a Georgia highway or a county road.

Section 2-51.2. Minor street. A street deeded to the City of Brooklet, Georgia, having less than a 60-foot of right-of-way.

Section 2-52. Structure. Anything constructed or erected with a fixed location on or in the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, manufactured homes, billboards, swimming pools, and fall-out shelters but does not include walls or fences.

Section 2-53. Structural alterations. Any change in the supporting members of a building such as foundations, bearing walls, columns, beams, floor or roof joints, girders or rafters, or changes in roof or exterior lines.

Section 2-54. Tourist home, hotel or motel. An establishment which is open to transient guests; and which provides customary hotel services such as a maid service, the furnishing and laundering of linen, telephone and secretarial or desk service, and use and upkeep of furniture, bellboy service and food service.

Section 2-55. Trailer park, travel. Any portion or parcel of land designed to accommodate one or more travel trailers or recreation vehicles to be used for living or sleeping purposes, including any land, building, structure, or facility used by the occupants of such units on such property.

Section 2-56. Trailer, residential (manufactured home). See Manufactured building definition.

Section 2-57. Trailer, camping - recreation vehicle. A vehicular portable structure designed as a temporary dwelling for travel, recreation, and vacation uses, which is identified on the unit by the manufacturer as a "camper," "travel" trailer, recreation vehicle, or motor home, and is not more than eight feet in body width.

Section 2-58. Use. The purpose for which land or building is arranged, designed or intended, or for which either is or may be occupied or maintained.

Section 2-59. Variance. A variance is a relaxation of the terms of the zoning ordinance, not a change in a zoning district, where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.

Section 2-60. Yard. An open space on the same lot with a principal building, to be kept free from structures except as permitted by this ordinance.

Section 2-60.1. Yard, front. That area of a lot lying between the abutting street right-of-way and the principal building of the lot and extending across the width of a lot from side lot line to side lot line. A double frontage lot has two front yards. For corner lots, see section 3-14.

Section 2-60.2. Yard, rear. That area of a lot extending across the width of a lot from side lot line to side lot line and lying between the rear lot line and the principal building on the lot. A double frontage lot has no rear yard. For corner lots, see section 3-14.

Section 2-60.3. Yard, side. That area of a lot between the side lot line and the principal building on the lot extending from the front yard to the rear yard (or between two front yards on a double frontage lot). For corner lots, see section 3-14.

(Ord. of 10-21-2010(1))