Calhoun City Zoning Code

For the purpose of interpreting this appendix, certain words or terms used herein shall be defined as follows: Words used in the present tense include the future tense. Words used in the singular number include the plural, and words used in the plural include the singular. The word "person" includes a firm, association, organization, partnership, corporation, trust and company as well as an individual. The word "lot" includes the word "plot," "parcel" or "tract." The word "building" includes the word "structure." The word "shall" is always mandatory. 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," "zoning map" or "Calhoun zoning map" means the "Official Zoning Map of the City of Calhoun, Georgia." The word "ordinance" or "Ordinance" means "The Zoning Ordinance of the City of Calhoun, Georgia."

Except as specifically defined herein, all words used in this ordinance shall carry their customary meaning as defined in a standard dictionary.

Abandonment means to stop the use of a property intentionally. When the use of a property has ceased and the property has been vacated for 12 months, abandonment of use will be presumed unless the owner can show that a diligent effort has been made to sell, rent, or use the property for a legally permitted use.

Abut means to physically touch or border upon; or to share a common property line; or being separated from such a common border by a right-of-way, alley or easement.

Accessory structure or use means a subordinate building, structure or use which is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use.

Alley means a minor way used for service access to the back or side of properties otherwise abutting a street.

Apartment means a room or suite of rooms in a multiple-family structure, which is arranged, designed, used or intended to be used as a housekeeping unit for a single family.

Assisted living facility means 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.

Buffer area means a landscaped area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another.

Building means any structure having a roof supported by columns or by walls and intended for shelter, housing or enclosure of persons, animals or chattels.

Building coverage means 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 permit means written permission issued by the proper municipal authority for the construction, repair, alteration or addition to a structure.

Building, principal means a building in which the primary use of the lot on which the building is located is conducted.

Building setback line means 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.

City means the City of Calhoun.

Conditional use means a use not ordinarily permitted but which may be 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 as outlined in this ordinance, and may be controlled as to the number, area and spacing from other uses and each other.

Condominium means 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.

Convenience store means a use offering a limited variety of groceries, household goods, and personal care items, always in association with the dispensing of motor fuels as an accessory use, but in all cases excluding vehicle service, maintenance and repair.

Cul-de-sac means a local street, one end of which is closed and consists of a circular turnaround.

District means a part, zone or geographic area within the city within which certain zoning or development regulations apply.

Dwelling, detached means a building which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other building by any means.

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

Dwelling, quadruplex means four attached dwelling units in one structure in which each unit has two open space exposures and shares one or two walls with an adjoining unit or units.

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

Dwelling, triplex means 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 means 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."

Family means one or more persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit; provided that a group of four or more persons who are not within the second degree of kinship shall not be deemed to constitute a family.

Notwithstanding the definition in the preceding paragraph, a family shall not be deemed to include four or more persons not within the second degree of kinship occupying a dwelling unit and living as a single nonprofit housekeeping unit, if said occupants are handicapped persons as defined in title VIII of the Civil Rights Act of 1968 as amended by the Fair Housing Amendments Act of 1988. Such unrelated individuals shall have the right to occupy a dwelling unit in the same manner and to the same extent as any family unit as defined in the first paragraph of this definition.

Floor area means the sum of the horizontal areas of each floor of a building, measured from the exterior walls or from the centerline of walls separating two buildings. The floor area measurement is exclusive of areas of unfinished basements and attics, attached garages, or space used for off-street parking or loading, breezeways, and enclosed and unenclosed porches and patios, and accessory structures.

Frontage means the length of any property line of premises, which abuts public right-of-way.

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

Group home means a dwelling 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" 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.

Height means 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 underside of the ceiling beams, in the case of a flat roof; to the deck line of a mansard roof; and to the mean level of the underside of the rafters between the eaves and the ridge of the gable, hip or gambrel roof.

Home occupation means an occupation conducted in a dwelling or dwelling unit for which the city would normally require a business license and shall specifically include the use of the subject premises by professional persons engaged in the practice of law, business or personal services. Further "home occupation" shall include the use of the premises by a manufacturer's representative providing that no merchandise shall be stored on the premises other than samples which may be transported by hand and which are usually carried by such salesman, agent or representative to prospects' office or place of business.

Impervious surface means 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.

Junkyard means any such commercial or noncommercial use in excess of ten days involving the storage or disassembly of disabled or wrecked automobiles, trucks, farm equipment, farm machinery, any vehicle, industrial equipment, or used appliances; commercial or noncommercial storage, baling or otherwise dealing in bones, animal hides, scrap metal, used paper, used cloth, used plumbing fixtures, used tires, and used brick, wood, stone or other building materials. Such uses shall be considered "junkyards" whether or not all or part of such operations are conducted inside a building or in conjunction with, addition to, or accessory to, other uses of the premises. The presence on any lot or parcel of land of two or more motor vehicles, which for a period exceeding 30 days, have not been capable of operating

Loft apartment or residence means the upper room(s) or floor(s) of a building used as a single-family residence and meeting all building, electrical and fire safety codes imposed by any city ordinance or law of the State of Georgia and which has a sprinkler system and fire alarm system for safety purposes.

Lot means a portion or parcel of land devoted to a common use or occupied by a building or group of buildings devoted to a common use together with the customary accessories and open spaces belonging to the same.

Lot coverage means 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 means the mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.

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

Lot of record means a lot, not exceeding 25,000 square feet in area, which is a part of an approved subdivision, a plat of which has been recorded in the office of the Clerk of the Superior Court of Gordon County; or a parcel of land, not exceeding 25,000 square feet in area, the deed to which has been recorded in the office of the Clerk of the Superior Court of Gordon County.

Manufactured home, mobile home. "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 is 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. A prefabricated home which complies with all of the requirements for single-family homes found in the city building code, and which occupies a single-family lot, shall not be included in this definition.

"Mobile 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 a 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 and manufactured prior to June 15, 1976.

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

Massage clinic/corporation/parlor means any business where one or more massage therapists perform massage therapy.

Massage therapist means a person who performs massage on the human trunk or limbs.

Massage therapy means the manipulation of soft tissue for therapeutic purposes and includes, but is not limited to, effleurage (stroking skin without going deep), petrissage (kneading movement by lifting and grasping), tapotement (brisk blows in rapid alternating fashion), compression, vibration, friction, nerve strokes and other movements, whether by hand or with mechanical or electrical apparatus, for the purpose of muscular massage. This may include the use of oil, salt glows, hot and cold packs, and other recognized forms of massage therapy. Massage therapy shall not include a diagnosis.

Modular building means a factory fabricated transportable building consisting of units designed to be incorporated at a building site on a permanent foundation into a permanent structure to be used for residential or commercial/business purposes having been built to state construction codes.

Motel means a building containing four or more individual sleeping rooms or suites that are available to the general public for compensation for overnight lodging purposes and in which no provisions are made for cooking in any individual room or suite. Unless the context indicates otherwise, "motel" includes a hotel or motor lodge.

Motocross track means a closed-circuit dirt racecourse designed for off-road motorcycle or dirt bike competitions.

Nonconforming use, building, lot, parcel of land means a legally existing use or building which fails to comply with any provision of this ordinance either at the effective date of this ordinance or as the result of subsequent amendments.

Official zoning map means a legally adopted map that conclusively shows the location and boundaries of zoned districts.

Open space means an area that is intended to provide light and air, and is designed for environmental, scenic or recreational purposes. Open space may include, but is not limited to, lawns, decorative planting, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, wooded areas and watercourses. Open space shall not be deemed to include driveways, parking lots, or other surfaces designed or intended for vehicular travel.

Party wall means a firewall on an interior lot line, used or adapted for joint service between two buildings.

Residence means a home or dwelling utilized as living quarters.

Residential district means any zone consisting primarily of residential dwelling units.

Rooming or boarding house means a dwelling, other than a motel, hotel or motor lodge, where meals or housing accommodations for three or more persons are provided for hire.

Setback means the required minimum distance between any structure or building, whether principal or accessory, and any lot line.

Setback line means the line that is the required minimum distance of any structure or building from any lot line and that establishes the area within which the principal structure or building may be erected or placed.

Sign means as defined in article X of this ordinance.

Site plan means the development plan for one or more lots on which is shown the existing and proposed conditions of the lot including: topography, vegetation, drainage floodplains, marshes and waterways, open spaces, means of ingress and egress, utility services, landscaping, structures and signs, lighting and screening devices, and any other information that reasonably may be required in order that an informed decision can be made by the approving authority.

Stormwater means water which is derived from falling rain or melting snow or which rises to the surface in springs, and is diffused over the surface at the ground, while it remains in such diffused state, and which follows no defined course or channel, which does not gather into or form a natural body of water, and which is lost by evaporation, percolation, or natural drainage. Stormwater shall include the term "surface water" as it is defined under Georgia law.

Street means a public way, which affords the principal means of access to abutting properties.

Street, arterial means an interregional road conveying traffic between cities, counties and urban centers. These streets are usually state routes, owned and maintained by the Georgia Department of Transportation. Examples are: SR 156, 136, 225 and 3 (U.S. 41).

Street, major and collector means a street that conducts and distributes traffic between other residential streets of lower order in the streets' hierarchy and higher order streets or major activity centers. Examples are: Dews Pond Road, Richardson Road, Curtis Parkway and C.L. Moss Parkway.

Street, minor means a street whose sole purpose is to provide frontage for service and access to private lots. These streets carry only traffic having either destination or origin on the street itself. Examples are: Garden Hill Drive, Windsor Drive, Adair Street, and Timber Ridge Lane.

Street, minor collector means an access street that provides frontage for residential lots and may carry a small amount of residential through traffic collected only from tributary residential access streets. Examples are: Peters Street, Barrett Road, Meadow Lane and Belmont Drive.

Structure means anything constructed or erected which requires location on the ground or attached to something having location on the ground.

Temporary modular building means a factory-fabricated transportable building to be used for commercial purposes consisting of units to be incorporated at a building site on a semipermanent foundation, to be removed only upon cessation of use or occupancy of the units, and having been built and assembled according to state construction codes and Department of Community Affairs (DCA) regulations. A temporary modular building may be maintained upon a building site for a period of time not to exceed three years, as determined by the mayor and council. Extensions, year to year, of such time may be granted by the mayor and council upon application of the owner or lessee of the property upon which the units are installed.

Townhouses means attached houses in a row or group, each house separated from adjoining houses in the same row or group by firewalls and having fee simple title.

Unit, dwelling means one room or rooms connected together, constituting a separate, independent housekeeping establishment for owner or renter occupancy, and containing independent cooking and sleeping facilities and sanitary facilities.

Vapor product means any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form. The term vapor product shall include any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. The term vapor product shall not include any product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act.

Vapor shop means a retail business substantially engaged in the retail sale of low THC oil, tobacco products, tobacco related objects, alternative nicotine products, vapor products, cannabidiol (CBD) or products containing CBD ("the subject products"). For the purposes of this definition, substantially engaged means one or more of the following conditions are met:

1.

Ten percent or more of the retail stock in trade consists of the subject products, as measured by the number of individual items available for purchase at any given time;

2.

Ten percent or more of the value of gross sales receipts for any day that the entity is open is derived from the sale of subject products;

3.

The subject products make up ten percent or more of the retail value of the retail stock in trade; or

4.

Ten percent or more of the establishment's floor area is devoted to the marketing of the subject products.

Variance means 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.

Yard means an open space on the same lot with a principal structure or building, open, unoccupied, and unobstructed by buildings or structures from ground to sky except where encroachments and accessory structures or buildings are expressly permitted. This definition shall also include the following:

1.

Yard required. The open space between a lot line and the yard line within which no structure or building shall be located except as otherwise provided in this ordinance; and

2.

Yard line. A line drawn parallel to a lot line at a distance therefrom equal to the depth of the required yard, which may also be referred to as a "building line" in common use.

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

Yard, rear means an open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to side lines of the lot.

Yard, side means an open unoccupied space on the same lot with a principal building, situated between the building and the side lot line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line.

Zero lot line means the location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line.

Zoning means the power of the mayor and council to provide within their respective territorial boundaries for the zoning or districting of property for various uses and the prohibition of other or different uses within such zones or districts and for the regulation of development and the improvement of real estate within such zones or districts in accordance with the use of property for which such zones or districts were established.

Zoning decision means the action by the mayor and council which results with:

1.

The adoption or repeal of a City of Calhoun Zoning Ordinance;

2.

The adoption of an amendment to the City of Calhoun Zoning Ordinance, which changes the text of the zoning ordinance;

3.

The adoption or denial of an amendment to the City of Calhoun Zoning Ordinance, to rezone property from one zoning classification to another;

4.

The adoption or denial of an amendment to a zoning ordinance by the mayor and council to zone property to be annexed into the municipality;

5.

The grant or denial of a permit relating to a special use of property; or

6.

The grant or denial of a variance or conditions concurrent and in conjunction with a decision pursuant to subparagraphs c. or e.;

7.

Any action which changes, alters, amends or modifies the official zoning map of the City of Calhoun, Georgia, as amended which shall include, but is not limited to, any variance requests to depart from the established zoning requirements or regulations regardless of whether such decision is to be classified as "judicial" or "quasi-judicial;" or

8.

Any recommendation by the zoning advisory board or any decision by the board of zoning appeals.