The purpose of this chapter shall be to regulate the use of land and buildings by dividing the city into districts; to define certain terms used herein; to impose regulations, prohibitions and restrictions governing the erection, construction and reconstruction of structures and buildings and the use of lands for business, industry, residence, social and other specified purposes; to regulate and limit the height of buildings and open spaces; to conserve the value of buildings and encourage the most appropriate use of land throughout the city in accordance with the comprehensive plan, to regulate and limit the density of population and overcrowding of land; to limit congestion on the public streets; and to facilitate the adequate provisions of water, sewerage, schools, parks and other public requirements. This chapter shall be a tool providing for the gradual elimination of nonconforming uses of land, buildings and structures, establishing the boundaries of districts, and providing the means of enforcing this chapter.

It is the intent of this article to establish minimum procedures governing the exercise of zoning power. The purpose of these minimum procedures is to assure that due process is afforded to the general public when the city regulates the use of property through the exercise of zoning power. Nothing in this article shall be construed to invalidate any zoning or rezoning decision made by the city prior to the enactment of this ordinance.

(Ord. No. 20-2008, 12-8-08)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandonment means to cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.

Abutting means having property or district lines in common, or having property separated by only an alley or easement. Separation by a street right-of-way is not considered abutting.

Access means a way or means of approach to provide physical entrance to a property

Accessory building means a building the use of which is incidental to that of the main building and located on the same lot or parcel of land.

Accessory use means a use incidental, subordinate and appropriate to the principal use or building and located on the same lot or parcel of land with such principal use or building.

Alley means a platted roadway which affords only secondary means of access to abutting property and not intended for general traffic circulation.

Alteration, structural. See "Structural alteration."

Amusement machines means any mechanical, electronic and/or coin-operated game and/or device for the amusement of patrons. This definition shall not be construed to include coin-operated music players, coin-operated mechanical kiddie rides or coin-operated television.

Annexation means the incorporation of a land area into existing corporate limits of a community with a resulting change in the boundaries of a community.

Apartment means a dwelling unit for lease or rent within an apartment building or other similar building for occupancy for an extended period of time.

Apartment building means a residential building containing three or more dwelling units exclusive of a townhouse building or unit.

Apartment hotel means a building designed for or containing both apartments and individual guestrooms or suites which may offer such services as are ordinarily furnished by hotels.

Apartment house. See "Dwelling, multiple."

Applicant means a property owner or their authorized representative who has petitioned the city for approval of an application under the terms of this chapter.

Assisted living facility means residences for the elderly that provide rooms, meals, personal care, and supervision of self-administered medication. They may provide other services incidental to the above. For purposes of this chapter, assisted living facilities are considered institutionalized residential living and care facilities.

Auction houses means commercial establishments which cater to a wide segment of the population where tangible personal property items (excluding livestock), cars, boats, trailers, motor homes, trucks, motorcycles, other motorized, self-propelled machines and real estate, are sold on a scheduled, open competitive bid basis to more than two people, provided that all sales, display, and storage are conducted within a completely enclosed building.

Bed and breakfast means a residence in which the frequency and volume of visitors are incidental to the primary use as a private residence and where guestrooms are made available for visitors for fewer than 30 consecutive days. Breakfast is the only meal served and included in the charge of the room. Residence shall be owner occupied.

Berm means a mound of earth, or the act of pushing earth into a mound.

Boardinghouse means a dwelling having one kitchen and used for the purpose of providing meals or lodging or both for compensation to persons other than members of the family occupying each dwelling. A boarding house shall not be considered a group personal home or halfway home. The term "boardinghouse" shall also not include a home as established under the Community Services Act for the Mentally Retarded (under applicable state law), and other homes of similar intention and purpose. Additionally the term shall not include facilities housing persons convicted of crimes but not housed in penal institutions. It shall further not include uses such as drug or alcohol treatment or rehabilitation facilities.

Buffer means that portion of a lot or parcel of land set aside for open space and/or visual screening purposes, pursuant to applicable provisions of this chapter, to separate different use districts or to separate uses on one property from uses on another property of the same use district or a different use district. The buffer area may be a natural, landscaped, constructed or other type of buffer.

Building means any permanent structure attached to the ground designed or built for the support, shelter or protection of persons, animals, chattels or property of any kind. The definition of "building" shall include "structure."

Building, accessory means a building subordinate or supplemental to the main building on a lot and used for purposes customarily incidental to that of a main or principal building and located on the same lot therewith.

Building, alteration of means and includes any change in the supporting members of a building, such as bearing walls, beams, columns, and girders, any addition to a building, or any change of a building from one location to another.

Building, height of means the vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, or to the deck line of mansard roofs, and the mean height between the eaves and the ridge for gable, hip or gambrel roofs.

Building line means a line beyond which the foundation wall or any enclosed or covered porch, vestibule, or other enclosed or covered portion of a building shall not project.

Building official means an employee of the city designated to oversee building standards and responsible for enforcing building-related codes.

Building setback line means a line establishing the minimum allowable distance between the main or front wall of the building and the street right-of-way line when measured perpendicularly thereto. Covered porches, whether enclosed or not, shall be considered as a part of the building and shall not project into the required yard.

Carport means a roofed area open on one, two, or three sides and attached to the main building, for the storage of one or more motor vehicles.

Cemetery means an area of land set apart for the sole purpose of the burial of bodies of dead persons or animals and for the erection of customary markers, monuments, and/or mausoleums.

Certificate of occupancy means a legal statement or document issued by the building official indicating that the building and use or reuse of a particular building or land is in conformity with all applicable codes and regulations, and that such building or land may be occupied for the purpose stated therein.

Change of occupancy means a discontinuance of an existing use, abandonment of a use, and/or the substitution of a significant variation in the type or class of use of the property. A change of occupancy does not include a mere change of tenancy, proprietorship, or similar change unless this change is accompanied with a significant variation in the use of the property.

Church or place of religious worship means an institution that people regularly attend to participate in or hold religious services, meetings, and other activities. The term "church" shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held.

Clinic means an establishment where patients who are not lodged overnight, except for observation or emergency treatment, are admitted for examination and treatment by one person or a group of persons practicing any form of healing or health-related services to individuals, which is lawful in this state.

Club means a building or facilities owned or operated by a corporation, association, person or persons, for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

Coin-operated amusement machines means, for the purposes of this chapter, Class A and Class B machines as those terms are defined in O.C.G.A. § 50-27-70(b)(3) and O.C.G.A. § 50-27-70(b)(4), respectively.

Commission means the city commission.

Conditional use means a land use that is deemed to be detrimental in the zoning district in which it is located but that could be compatible if certain conditions are imposed to mitigate possible impacts. Conditional uses require the approval of the city commission. After review of the application and a hearing thereon, a conditional use may be allowed following a finding that the proposed use or uses:

(1)

Will be consistent with or not significantly adverse to the comprehensive plan for the physical development of the district, including any master plan or portion thereof adopted by the commission;

(2)

Will be in harmony with the general character of the neighborhood, considering population density, design, scale and bulk of any proposed new structures, intensity and character of activity, traffic and parking conditions;

(3)

Will not be significantly detrimental to the use, peaceful enjoyment, economic value, or development of surrounding properties or the general neighborhood and will cause no seriously objectionable noise, vibrations, fumes, odors, dust, glare, or physical activity;

(4)

Will not adversely affect the health, safety, security, morals, or general welfare or residents, visitors, or workers in the area; and

(5)

Will be served by adequate public services and facilities including schools, police and fire protection, water, sanitary sewers, public roads, storm drainage, and other public improvements, as may be required by this chapter or other applicable regulations.

All special exception uses shall be as defined and/or regulated in this chapter.

Conditional zoning means the granting or adoption of zoning for property subject to compliance with restrictions as to use, size, density or actions stipulated by the governing body to negate adverse impacts that are anticipated without imposition of such conditions.

Condominium means individual ownership of units in a multifamily structure, together with the joint ownership of common areas of the building and grounds.

Convalescent home. See "Nursing home."

Convenience store means any retail establishment typically offering for sale prepackaged food products, cold drinks, tobacco products, household items, and other associated goods, and which would not typically have sufficient fresh meats, produce, and the like so as to be a grocery store, fruit and vegetable market, or meat market. Convenience stores shall have a gross floor area of not less than 4,000 square feet and not more than 7,500 square feet.

Corner lot. See "Lot, corner."

Crematory or crematorium means a location containing properly installed and certified apparatus intended for use in the act of cremation.

Crypto mining means conducting the process by which cryptocurrencies, such as Bitcoin and similar currencies, are created; crypto mining also means the process by which cryptocurrency transactions are validated, whether through a blockchain or similar process; crypto mining also means any and all computing or similar processes that secure, process, verify, or synchronize transactions related to cryptocurrencies.

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

Day care center, commercial means any place operated by a person, society, agency, corporation, institution, or any other group wherein are received for pay five or more children under 16 years of age for group care without transfer of custody. Legal operation for this commercial childcare center shall be for more than four hours and less than 24 hours per day.

Day care home, residential means any place operated by any person who receives for pay no more than five children for group care in accordance with all applicable child care regulations of the state, and without transfer of custody. Legal operation of this childcare residence shall be for more than four hours and less than 18 hours per day.

Density means the number of dwelling units developed on an acre of land.

Depth of lot. See "Lot, depth of."

Development standards means site design regulations such as lot area, lot coverage, height limits, frontage, and yard requirements (setback distances).

District or zoning district means a section of the city designated in this chapter and delineated on the official zoning district maps for the city in which requirements for the use of land, building and development standards are presented with all such requirements being uniform in each district.

Double frontage lot. See "Lot, double frontage."

Drive-in restaurant means food or refreshment place where space is provided for automobiles to park for the purpose of serving the occupants with food and refreshments. This includes barbecue stands and pits or other roadside facilities serving food or refreshments.

Duplex. See "Dwelling, two-family."

Dwelling means a building or portion thereof designed or used exclusively for residential occupancy, but not including hotels, boardinghouses or motels.

Dwelling, loft-style means a dwelling unit, occupied by no more than four persons, with the following characteristics:

(1)

The common party wall must be four-hour fire-rated masonry construction and extend from the foundation wall through the roof line for a minimum of three feet;

(2)

There shall be no more than four loft dwelling units per building, and they shall be located only on the second floor level;

(3)

Each loft dwelling shall have a private entry door, and either;

a.

A private access stairway to the ground floor; or

b.

A common stairway in conjunction with a common upstairs foyer;

(4)

Central heating and cooling units with individual thermostats per loft dwelling;

(5)

A minimum of 400 square feet of living space for the first person and an additional 100 square feet of living space per each additional person, but not to exceed a maximum of four residents; nor shall the loft dwelling unit exceed 1,200 square feet in total living space;

(6)

The loft dwelling shall be equipped with a fire suppression sprinkler system complying with the National Fire Protection Association (NFPA) 13R standard;

(7)

No doorway or window interconnection between loft dwellings; and

(8)

Each loft shall comply with all existing codes used in the city.

Dwelling, multiple means a building designed for the occupancy of three or more separate nuclear-family units living independently of each other with separate housekeeping facilities for each family unit. These dwelling types shall include apartment houses, apartments and flats, but do not include boarding homes, hotels or motels.

Dwelling, single-family means a building designed to be occupied exclusively by one related family as defined herein.

Dwelling, two-family (duplex) means a building designed for or occupied exclusively by two families living independently of each other, with separate housing facilities for each family unit separated from each other by an unpierced wall extending from ground to roof.

Dwelling unit means a building, or portion thereof, providing complete living facilities for one family.

Easement means the right of a person, entity, government agency, or public utility company to use public or private land by another for a specific purpose.

Efficiency apartment means a dwelling unit consisting principally of one room and alcoves, equipped with kitchenette and bath.

Facade means the exterior wall of a building exposed to public view or that wall viewed by persons not within the building.

Family (related family) means an individual or two or more persons residing in a single dwelling unit where all members are related by blood, marriage, or adoption up to the third degree of consanguinity or within the second degree of affinity, or by foster care. For the purposes of this definition, "consanguinity" means only the following persons are related within the third degree of consanguinity: husbands and wives, parents and children, grandparents and grandchildren, great-grandparents and great-grandchildren, brothers and sisters, aunts and uncles, and nephews and nieces. Two individuals are related to each other by affinity if they are married to each other as defined by O.C.G.A. § 19-3-3.1 or the spouse of one of the individuals is related by consanguinity to the other individual. Husband and wife are related to each other in the first degree of affinity. For other relationships of affinity, the degree of relationship is the same as the degree of the underlying relationship by consanguinity.

Filling station or gas station means any building, structure or land used for the dispensing, sale or offering for sale at retail any automobile fuels, oils, accessories or services. No major repairs, such as auto body repair, welding, tire recapping or painting shall be permitted.

Flea market means a market at which secondhand articles are displayed and sold.

Flood insurance rate map means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

Floodplain means that area within the intermediate regional flood contour elevations subject to periodic flooding as designated by the city engineer based upon the U.S. [Army] Corps of Engineers' floodplain reports and other federal, state, county or local hydraulic studies.

Floodway means the channel of a natural stream or river and portions of the floodplain adjoining the channel, which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream or river.

Floor area means, except as may be otherwise indicated in relation to particular districts and uses, the sum of the gross horizontal areas of the several floors, including basement areas, of a building. These areas are to be measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings, and exclude public corridors, common restrooms, attic areas with a headroom of less than seven feet, unenclosed stairs or fire escapes, elevator structures, cooling towers, areas devoted to air conditioning, ventilating, heating, or other building machinery and equipment, parking structures, and basement space where the ceiling is not more than an average of 48 inches above the general finished and graded level of the adjacent portion of the lot.

Front yard. See "Yard, front."

Frontage means all the property abutting one side of a street between two intersecting streets, measured along the street line.

Garage apartment means an accessory building, not a part of or attached to the main building, where a portion thereof contains living facilities for not more than one family and an enclosed space for one or more automobiles.

Garage, mechanical means any building or land where automotive vehicles are repaired, rebuilt, reconstructed or painted, where tires are recapped and welding work is performed.

Garage, private means a detached accessory building or a portion of a principal building for the storage of automobiles of the occupants of the premises. The term "private garage" shall include "carport."

Garage, storage means any building or portion thereof, other than a private or mechanical garage, used exclusively for the parking or storage of motor vehicles. Services other than storage shall be limited to refueling, lubrication, washing and polishing.

Gas station. See "Filling station."

Grade means the average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk.

Group personal care home means a residential care facility wherein:

(1)

The operator is not legally related to the individuals supervised and is licensed by the state to provide community alternatives in a residential environment to institutional care for individuals in need of such care;

(2)

More than four persons reside, including operators, supervisors, and individuals under care; and

(3)

Such individuals are provided with room, board, personal and physical care and supervision in a family environment.

Group personal care home shall include, without limitation by reason of enumeration, a home as established under the Community Services Act for the Mentally Retarded (under applicable state law), and other homes of similar intention and purpose, but shall not include facilities housing persons convicted of crimes but not housed in penal institutions. It shall further not include uses such as drug or alcohol treatment or rehabilitation facilities. The number of persons occupying a group home shall not exceed ten in number at any given time, including a minimum of one supervisory personnel.

Guesthouse means a detached accessory dwelling unit located on the same lot in conjunction with a single-family dwelling unit. The square-foot area of a guesthouse may not exceed 50 percent of the heated and finished floor area of the principal building on the lot or 1,100 square feet in floor area, whichever is less, and may be used only by family members, guests or family employed domestic household servants.

Half story. See "Story, half."

Halfway/transitional home means a group home facility which is licensed or supervised by any federal, state, or county agency or a licensed private entity, providing treatment relating to alcohol and/or drug abuse problems, offender rehabilitation or for similar purposes.

Height of building. See "Building, height of."

Historic area means a district or zone designated by local authority, state or federal government within which the buildings, structures, appurtenances and places are of basic and vital importance because of their association with history, or because of their unique architectural style and scale, including color, proportion, form and architectural detail, or because of their being a part of or related to a square, park, or area, the design or general arrangement of which should be preserved and/or developed according to a fixed plan based on cultural, historical or architectural motives or purpose.

Historic preservation means the protection, rehabilitation, and restorations of districts, sites, buildings, structures and artifacts significant in American history, architecture, archaeology, or culture.

Home occupation means any occupation or profession carried on by the inhabitants which is clearly incidental and secondary to the use for dwelling purposes, which does not change the character thereof, and which is conducted entirely within the main or accessory building, provided that no trading of merchandise is carried on. In connection with this use, there is no display of merchandise or sign other than one nonilluminated nameplate not more than two square feet in area attached to the main or accessory building and no mechanical equipment is used or activity is conducted which creates any dust, noise, odor or electrical disturbance beyond the confines of the lot on which said occupation is conducted. The term "home occupation" shall not be deemed to include a bed and breakfast inn. Not more than ten percent of the total floor space of any dwelling is used for such hope occupation. Home occupation shall include the use of premises by a physician, dentist, lawyer, clergyman or other professional for consultation or emergency treatment but not for the general practice of the profession.

Hotel or motel means a building or group of buildings under one ownership containing sleeping rooms occupied or intended or designed to be occupied as a more or less temporary abiding place of persons who are lodged with or without meals for compensation, but not including an auto or trailer court or camp, sanitarium, hospital, asylum, orphanage, or building where persons are housed under restraint. The term "hotel" or "motel" includes tourist homes and bed and breakfast dwellings.

Interior lot. See "Lot, interior."

Itinerant vendors means and includes any person, whether a resident of the city or not, who has no permanent place of business within the city and who engages in a transient business in one temporary fixed place of business or sells goods from a vehicle, truck, van, trailer or other type of conveyance.

Junkyard means an open area where waste, used, or secondhand materials are brought and sold or exchanged, stored, baled, packed, disassembled, or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles. A junkyard includes automobile wrecking yards and any area for storage, keeping, or abandonment of junk. Such uses shall be considered junkyards whether or not all or part of such operations are conducted inside a building or in conjunction with, in addition to or accessory to other uses of the premises.

Kennel means any lot or premises on which three or more dogs or other domestic animals are kept, either permanently or temporarily, for purpose of sale, care, breeding or training for which any fee is charged.

Kindergarten means a school for pre-elementary school children ranging in age from three years through six years which operates for less than four hours per day.

Laundry, self-service means a business rendering a retail service by renting to the individual customer equipment for the washing and drying of laundry.

Livestock means cattle, pigs, sheep, goats, llamas, emus, ostriches, donkeys, mules, chickens, ducks, geese, and other fowl, minks, foxes and other fur- or hide-bearing animals, customarily bred or raised in captivity, whether kept for pleasure, utility, or sale.

Loading space means a space on the lot or parcel of land accessible to an alley or street not less than 12 feet in width, four feet in depth and 14 feet in height.

Lot means a parcel, plot or tract of land of varying sizes which is designated as a single unit of property and which is intended to be occupied by one building, or group of buildings, and its accessory buildings and uses as required by this chapter.

Lot, corner means a lot abutting two or more streets at their intersection.

Lot, depth of means the average distance between front and rear lot lines.

Lot, double frontage means a lot having a frontage on two nonintersecting streets, as distinguished from a corner lot.

Lot, interior means a lot other than a corner lot.

Lot, width of means the average horizontal distance between the side lines of a lot measured at right angles to the depth.

Lot lines means the lines bounding a lot.

Lot of record means a lot which is part of a subdivision, a plat of which has been recorded in the deed records of the clerk of superior court of Polk County; or a parcel of land, the deed and plat of which has been recorded in the same office as of the effective date of this ordinance.

Manufactured housing means a factory-built single-family structure that is manufactured under the authority of 42 USC 5401 (the National Manufactured Home Construction and Safety Standards Act) and is transportable in one or more sections, is built on a permanent chassis, and is designed to be used as a place of human habitation with or without permanent foundation when connected to the required utilities. It is not constructed with a permanent hitch or other towing device allowing transportation of the unit other than for the purpose of delivery to a permanent site, and does not have wheels or axles permanently attached to its body or frame. Manufactured housing must bear the insignia issued by the U.S. Department of Housing and Urban Development (HUD).

Mechanical garage. See "Garage, mechanical."

Miniwarehouse means a building that contains varying sizes of individual, compartmentalized and control-access stalls or lockers for storing the excess personal property of an individual or family. No business activities other than the rental or storage units shall be conducted on the premises.

Mobile home means a transportable factory-built home designed to be used as a year round residential dwelling and built prior to the enactment of the National Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976 or that has not been inspected and approved as meeting the requirements of this Act. Mobile homes are not permitted uses in any zoning district, except within existing or later approved manufactured home parks and/or subdivisions.

Mobile office means a factory-fabricated structure designed to be transported on its own wheels, detachable wheels, flatbed or trailer and used or intended to be used or occupied for the transaction of business or the rendering of a professional service.

Motel. See "Hotel."

Multiple dwelling. See "Dwelling, multiple."

Nonconforming use means any building, structure or uses of land or building lawfully existing at the effective date of the ordinance from which this chapter is derived, which does not conform with the provisions of this chapter or amendments thereto.

Nursing home or convalescent home means a home for the aged, chronically ill or incurable persons in which three or more persons not of the immediate family are received, kept or provided with food and shelter or care for compensation, but does not include hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

Off-street loading and unloading space means a space with dimensions no less than 12 feet in width, 40 feet in length and 14 feet in height, exclusive of access aisles, maneuvering space or alley right-of-way.

Off-street parking space means a minimum net area of 200 square feet of appropriate dimensions, and not less than nine feet in width, for parking an automobile, exclusive of access drives or aisles thereto or any street or alley right-of-way.

Open-air business uses means and includes the following:

(1)

Retail sale of trees, shrubbery, plants, flowers, seed, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment and other home garden supplies and equipment;

(2)

Retail sale of fruit and vegetables;

(3)

Miniature golf, golf driving range, children's amusement park, or similar recreation uses;

(4)

Bicycle, trailer, motor vehicle, boats or home equipment sales, service or rental services; and

(5)

Outdoor display and sale of garages, swimming pools, and similar use.

Open space means a yard area which is not used for or occupied by a driveway, off-street parking, loading space, drying yard or refuse storage space.

Parking space means a surfaced area, enclosed or unenclosed, sufficient in size to store one automobile, together with a driveway or other paved area connecting the parking space with a street or alley and permitting ingress and egress of an automobile.

Peddler. See "Street vendor."

Permit means a certificate of zoning compliance, special zoning permit or any other permit required by this chapter and issued by the building inspector or planning commission of the city.

Permitted use means a use which is allowed in the district in which the land is situated. Where a proposed use is a permitted use in accordance with other regulations herein, a certificate of zoning compliance will be issued by the city without a public hearing if such use otherwise complies with all applicable requirements of this chapter. Where a permitted use could impact unfavorably on adjoining property, the planning commission, after a public hearing thereon, may stipulate, in appropriate situations, buffer areas, screening or other modifications.

Personal care home means a dwelling unit in which aged or infirmed persons are boarded, and receive personal care on a 24-hour basis. All such homes shall be licensed by the appropriate state agency. Also see "Group personal care home."

Planned unit development means:

(1)

Land under unified control to be planned and developed as a whole in a single development operation or as a definitely coordinated and compatible development operations or phases. A planned development includes principal and accessory structures and uses substantially related to the character and purposes of the planned development. A planned development is built according to general and detailed plans that include not only streets, utilities, lots and building location, and the like, but also site plans for all buildings as are intended to be located, constructed, used, and related to each other, and plans for other uses and improvements on the land as related to the buildings. Said development includes a program for the provisions, operations, and maintenance of such areas, facilities, and improvements as will be for common use by some or all of the occupants of the development, but which will not be provided, operated, or maintained at general public expense.

(2)

A form of development usually characterized by a unified site design for a number of housing units, clustered buildings, common open space, density increase, buffer areas and a mix of building types and land uses.

Plat means a map, plan, or layout of a county, city, town, section, lot or a subdivision or other property indicating the location and boundaries of properties.

Principal building means a building in which the primary use of the lot on which the building is located is conducted.

Principal use means the primary purpose or function that land serves or is intended to serve.

Private garage. See "Garage, private."

Rear yard. See "Yard, rear."

Restaurant means an establishment designed and operated for the express purpose of providing food and beverage service within the confines of a structure and generally excluding any encouragement, orientation, or accommodation of services or products to the patrons' automobiles, on or within the premises.

Restaurant, fast food means a restaurant where most customers order and are served their food at a counter or in a motor vehicle in packages prepared to leave the premises, or able to be taken to a table or counter to be consumed.

Retirement center means a building or group of buildings containing dwellings where the occupancy of the dwellings is restricted to persons 60 years of age or older or couples where either the husband or wife is 60 years of age or older. This does not include a development that contains convalescent or nursing facilities.

Right-of-way means public or private access over or across particularly described property for a specific purpose or purposes.

Right-of-way line means the dividing line between a lot, tract or parcel of land and a contiguous street, railroad, or other public utility right-of-way.

Rooming house. See "Boarding house."

Satellite dish antenna means a device which is used to intercept satellite television signals and consists of two main components: the antenna itself, o often called a dish; and low-noise amplifier (LNA). A satellite dish antenna is not to exceed 36 inches in diameter in residential zones.

School means a facility where persons regularly assemble for the purpose of instruction or education including public and private schools used for prekindergarten, primary, secondary, or postsecondary education. In commercial districts, the term school may also include professional schools that provide a curriculum devoted primarily to business or professions including but not limited to barbers and beauticians, dentists and real estate agents and brokers. Within the residential districts and the central business district, school shall not be interpreted to include facilities that offer drug rehabilitation/reduction services or that has any affiliation or relation with court mandated programs such as those for persons guilty of criminal offenses.

Screen means a method of shielding, obscuring or buffering one use or building from another use or building by fence, walls, berms, densely planted vegetation or other means; a visual and acoustical barrier which is of such nature and density that provides year round maximum opacity from the ground to a height of at least six feet or that screens structures and activities from view from the normal level of a first-story window on an abutting lot.

Self-service laundry. See "Laundry, self-service."

Service station. See "Filling station."

Setback distance means the distance between the principal structure on a lot and a lot line (either front, side or rear setback distance).

Shopping center means a group of commercial establishments, exceeding in the aggregate of 7,500 square feet of gross leaseable area, planned and developed as a unit, with common off-street parking provided on the property.

Side yard. See "Yard, side."

Sign means any words, lettering, parts of lettering, figures, numerals, phrases, sentences, emblems, or devices by which anything, such as the designation of an individual, a firm, an association, a profession, a business, a commodity, or a product, is made known and which are visible from any public way and used as an outdoor display.

Single-family dwelling. See "Dwelling, single-family."

Storage garage. See "Garage, storage."

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it; or if there is no floor above it, then the space between the floor and the ceiling next above it.

Story, half means a story under a gabled, hopped or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than three feet above the finished floor of such story.

Street means a public or private thoroughfare which affords principal means of access to abutting property.

Street vendor/peddler means and includes any person, whether a resident of the city or not, traveling by foot, wagon, automotive vehicle or any other type of conveyance, from place to place, from house to house, or from street to street carrying, conveying or transporting goods, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers or any person who, without traveling from place to place, shall sell or offer the same for sale.

Structural alteration means any change in the supporting members of a building, such as bearing walls, bearing partitions, columns, beams or girders, any addition to any building or any complete rebuilding of the roof or the exterior walls.

Structure means anything constructed or erected, the use of which requires a location on the ground or attached to something having a location on the ground, including, but not limited to, advertising signs, billboards, backstops for tennis courts, fences and pergolas. The term "structure" shall include "building."

Subdivision means a division of land into two or more lots, plats or sites.

Taxi means any motor vehicle other than a limousine offered to the public by a public taxicab business for the purpose of carrying or transporting passengers for a charge or a fee.

Taxicab business means a service that offers transportation in passenger automobiles and/or vans to persons; including those who are disabled, in return for remuneration. The business may include facilities for servicing, repairing, and fueling the taxicabs or vans.

Territorial boundary means the area lying within the corporate limits of the city.

Townhouse means an attached house in a row or group, each house separated from adjoining houses in the same row or group by architectural style, change of facade, offsets, and by firewalls or fire separations.

Travel trailer means a vehicular portable structure designed as a temporary dwelling for travel, recreational and vacation uses, which is not more than eight feet in body width and is of any weight, provided its body length does not exceed 35 feet.

Travel trailer park means any lot on which are temporarily parked two or more travel trailers for a period of less than 30 days.

Two-family dwelling. See "Dwelling, two-family."

Used car lot means a lot or group of contiguous lots used for the storage, display and sale of used automobiles and where no repair work is done except the necessary reconditioning of the cars to be displayed and sold on the premises.

Used for means and includes "designed for."

Vape shop means any business whose principal function is the retail sale of alternative nicotine products, vape juice, or both. "Alternative nicotine products" means any products or devices that employ an electronic heating element, power source, electrical circuit, battery, or other electronic, chemical, or mechanical means to produce a vapor that delivers nicotine to the person inhaling from the device, including electronic cigarettes, electronic cigars, electronic hookahs, electronic bongs, or electronic pipes, whether manufactured, distributed, marketed, or sold as an electronic cigarette, electronic cigar, or electronic pipe. For purposes of this definition, "vape juice" refers to any liquid that contains compounds containing pharmaceutical-grade vegetable glycerin, propylene glycol, nicotine, food-grade flavoring, and water, and can be used for vaping by means of an alternative nicotine product. For purposes of this definition, "principal" shall mean that alternative nicotine products, vape juice, or both constitute at least 25 percent of the business's aggregate retail sales, as determined by quarterly reports submitted to the city on such forms as may be promulgated and collected by the city manager or his or her designee.

Variance means a relaxation or modification of the strict terms of the this chapter where such will not be contrary to the public interest and where conditions peculiar to the property (not the result of the action of the applicant) make a literal enforcement of this chapter result in unnecessary and/or undue hardship. As used in this chapter, a variance is authorized only for height, area, and size of structure, for size of yards and open spaces and for any rule or regulation herein involving distance, area, height or other dimension, including, but not limited to, setback distances of buildings, distances of curb cuts from corners, etc. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.

Village concept means the idea that adjacent structures, parking lots, landscaping, buffer and common areas shall share common themes and similar construction and design so to create a harmonious atmosphere within a designated area.

Width of lot. See "Lot, width of."

Yard means an open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except by trees or shrubbery or as may otherwise be provided.

Yard, front means a yard across the full width of a lot, extending from the front line of the building to the front of the lot, excluding steps.

Yard, rear means a yard extending across the rear of a lot measured between lot lines of being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard.

Yard, side means a yard extending between a building and the side line of the lot, and extending from the front line to the rear lot line.

Zoning means a police-power measure in which the community is divided into districts or zones within which permitted uses, and in some cases conditional uses, are established as well as regulations governing lot size, bulk, height and other development requirements.

Zoning administrator means an employee of the city designated to oversee zoning issues such as zoning interpretation, changes, compliance, and land use planning.

Zoning decision means the final action by the city commission which results with:

(1)

The adoption of a zoning ordinance;

(2)

The adoption of an amendment to a zoning ordinance which changes the text of the zoning ordinance; or

(3)

The adoption of an amendment to a zoning ordinance which rezones property from one zoning classification to another.

Zoning ordinance means an ordinance or resolution by the city commission establishing procedures, zones or districts within its respective territorial boundaries which regulate the uses and development standards of property within such zones or districts. The term also includes the zoning map adopted in conjunction with a zoning ordinance which shows the zones, districts and zoning classifications of property therein.

(Ord. No. 20-2008, 12-8-08; Ord. No. 2-2021, § 1, 5-10-21; Ord. No. 5-2023, § 1, 7-10-23; Ord. No. 6-2024, §§ 1, 3, 5, 7-8-24)

This chapter shall apply to all subject matter that is regulated both by this chapter and other ordinances, including, but not limited to, ordinances for the development and maintenance of land, and such other ordinances are hereby amended to reflect this. The city commission may attach statements to such other ordinances to the effect that compliance with this chapter is required by such other ordinances.

(Ord. No. 20-2008, 12-8-08)

Whenever the provisions and requirements of this chapter or of any rule, regulation, or order pursuant hereto are more restrictive than those under any other statute, law, rule, regulation, ordinance, or order of the city, the state, or the United States, the provisions and requirements of this chapter, and the rules, regulations and orders pursuant hereto shall govern to the extent permissible by law. Whenever the provisions of any other statute, law, rule, regulation, ordinance, or order of the city, the state, or the United States are more restrictive than this chapter, or any rule, regulation, or order pursuant hereto, then the provisions of such other statute, law, rule, regulation, ordinance, or order shall govern.

All buildings and/or structures shall meet the requirements of all adopted local, state, and federal codes in effect including, but not limited to, building codes, plumbing codes, electrical code, fire prevention codes, and housing codes. Where such codes exceed the minimum requirements of this ordinance, the stricter provisions shall apply.

(Ord. No. 20-2008, 12-8-08)

No act or omission of the city and city commission or planning commission shall be an assurance or guarantee that the United States or any department or agency thereof, the state or any department or agency thereof, or any other county or any municipality has or will take any action or has or will make any omission. No act or omission of the city and city commission, or planning commission shall be construed as the rendering of advice or an opinion as to the status of legal requirements, policies, acts, or omissions of any of the other aforesaid entities.

(Ord. No. 20-2008, 12-8-08)

(a)

Notwithstanding provisions elsewhere in this chapter, the following are declared to be crimes:

(1)

It shall be unlawful to engage in any activities in violation of applicable requirements, rules, regulations, permit conditions, and orders established under this chapter.

(2)

It shall be a criminal violation of this chapter to furnish false or materially incomplete or misleading information to the planning commission, or any city official, building inspector or similar employee on any application, investigation, or proceeding regarding this chapter.

(b)

Each day that a violation continues shall be deemed a separate offense. At the discretion of the presiding judge, a violator of this chapter may be given a reasonable length of time to rectify or correct the violation.

(c)

Jurisdiction over offenses under this chapter shall be in the municipal court of the city. Any person violating the terms of this chapter or any permit condition, rule or regulation promulgated pursuant thereto may be punished by fine of not more than $1,000.00, by imprisonment in the county jail for a term not to exceed 12 months, by receiving probation, or by any other punishment authorized by this Code.

(Ord. No. 20-2008, 12-8-08)

Nothing in this chapter shall prevent an adjacent or neighboring property owner who would be damaged by a violation or any other person who would have standing to bring a civil action for damages, injunctive relief, abatement of a nuisance, a writ of mandamus, or other appropriate relief.

(Ord. No. 20-2008, 12-8-08)

The city commission, in taking action resulting in adoption of an amendment to the text of this chapter, shall provide for a public hearing on the proposed action. At least 30 but not more than 45 days prior to the date of the hearing, the city commission shall cause to be published within a newspaper of general circulation within the territorial boundaries of the city a notice of the hearing stating the time, place, and purpose of the hearing.

(Ord. No. 20-2008, 12-8-08; Ord. No. 2-2023, § 1(Exh. A), 7-10-23)

(a)

The zoning map attached to Ordinance No. 6-2011 as exhibit "A" and made a part hereof by reference, prepared by the Northwest Georgia Regional Commission in and around 2008, as well as the early months of 2011, is hereby adopted and approved as the official zoning map of the city.

(b)

The attached zoning ordinance, designated as Ordinance No. 8-2008 and adopted on December 8, 2008, is hereby readopted and reapproved as the official zoning ordinance of the city. Said ordinance is the same ordinance that was adopted on December 8, 2008, and is being readopted due to the inadvertent omission of the zoning map in 2008.

(Ord. No. 6-2011, §§ 1, 2, 6-13-11; Ord. No. 13-2011, 10-10-11)