As used in this ordinance, the following terms shall have the respective meanings indicated:

Accessory building. 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. 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. 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. 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 kiddy rides or coin-operated television.

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

Apartment house. See Dwelling, multiple.

Auction houses. Commercial establishments which cater to a wide segment of the population where tangible 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 be conducted within a completely enclosed building.

Boardinghouse, roominghouse. 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.

Buffer. 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 ordinance, 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. Such buffer area may be either a natural buffer or landscaped buffer.

Building. 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.

Building, alterations of. Alterations of buildings include 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. 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; 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. 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 permit. Issued by the zoning administrator for any permitted construction that creates a new structure or expands or enlarges an existing structure or building. Included are swimming pools, advertising signs, billboards, backstops for tennis courts, fences and pergolas.

Carport. 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. A cemetery is 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 mausoleums.

Change of occupancy. The term "change of occupancy" shall mean a discontinuance of an existing use and the substitution of a use of a different kind or class. Change of occupancy is not intended to include a change of tenants or proprietors unless accompanied by a change in the type of use.

Clinic. 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 group of persons practicing any form of healing or health building services to individuals, which is lawful in the state.

Club. A building or facility 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.

Commission. The planning commission of the city.

Conditional use. A use which may be allowed with or without restrictions when the commission, after a review of the application and a hearing thereon, finds as a fact that the proposed use or uses:

a)

Will be consistent with the comprehensive plan for the physical development of the district, including any master plan or portion thereof adopted by the commission;

b)

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;

c)

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

d)

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

e)

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 ordinance or other applicable regulations.

Conditional zoning. Rezoning subject to specific conditions which are not applicable to other land similarly situated. The conditions are imposed by the city council, as recommended by the planning commission and agreed to by the property owner.

Convalescent home. See Nursing home.

Convenience store. Any retail establishment offering for sale prepackaged food products, household items and other goods associated with the same and having a gross floor area of less than 7,500 square feet.

Corner lot. See Lot, corner.

Day care center (adult). Any place operated by a person, society, agency, corporation, institution, or any other group for dependent adults in a supervised, protective, congregate setting during some portion of a 24-hour day. Services offered in conjunction with adult day care and adult day health typically include social and recreational, activities, training, counseling, meals for adult day care and services such as rehabilitation, and medication assistance. (Also see Group personal care home and Personal care home.)

Day care center (commercial). Any place operated by a person, society, agency, corporation, institution, or any other group wherein are received for pay seven or more children under 18 years of age for group care, without transfer of custody, for more than four hours and less than 24 hours per day.

Day care home (residential). Any place operated by any person who receives for pay three to six children under 18 years of age for group care, without transfer of custody, for more than four hours and less than 24 hours per day.

Density. The number of dwelling units developed on an acre of land.

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

Depth of lot. See Lot, depth of.

District orzoning district. A section of the city designated in this ordinance and delineated on the official zoning district maps for the city, in which requirements for the use of land and 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. 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. A building or portion thereof, designed or used exclusively for residential occupancy, but not including hotels, boarding houses or motels.

Dwelling, condominium. A multi-family dwelling or apartment in which individual units are separately owned, while common areas and some outdoor areas may be owned in common. Also referred to as a "condominium."

Dwelling, multiple; apartment house. A building designed for occupancy by three or more families living independently of each other, with separate housekeeping facilities for each family, including apartment houses, apartments and flats, but not including boarding homes, hotels or motels.

Dwelling, single-family. A building designed for or occupied exclusively by one family.

Dwelling, townhouse. A multifamily dwelling in which the dwelling units may adjoin one another only at the vertical walls and no dwelling unit may be located above another. Also referred to as a townhome.

Dwelling, two-family; duplex. A building designed for or occupied exclusively by two families, living independently of each other.

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

Extended stay hotel/motel means any building containing six or more guest rooms intended or designated to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes for guests for a period of more than 14 days in any calendar month.

Family. Any number of individuals living together as a single housekeeping unit and doing their cooking on the premises, as distinguished from a group occupying a boardinghouse, lodginghouse or hotel.

Filling station/gas station 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.

Flag lot. See Lot, flag.

Flea market. A market at which second-hand articles are displayed and sold.

Floor area. Except as may be otherwise indicated in relation to particular districts and uses, floor area shall be construed as 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. All the property abutting one side of a street between two intersecting streets, measured along the street line.

Garage apartment. 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. Any building or land where automotive vehicles are repaired, rebuilt, reconstructed or painted; where tires are recapped and welding work is performed.

Garage, private. 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. 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.

Governing body. The mayor and council of the city.

Grade. 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 homes. A residential care facility wherein:

a)

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;

b)

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

c)

Such individuals are provided with room, board, [and] personal, physical care, and supervision in a family environment. The term "group personal care home" shall include, without limitation by reason of enumeration, home as established under the Community Services Act for the Mentally Retarded (1972 Ga. Laws, page 700), and other homes of similar intention and purpose; but shall not include facilities housing persons convicted of crimes, but not houses in penal institutions. The number of persons occupying a group home as defined herein shall not exceed 15 in number at any given time, including a minimum of one supervisory personnel.

Half story. See Story, half.

Half-way home. A group home facility which is licensed or supervised by any federal, state, or county health/welfare agency relating to drug abuse problems, offender rehabilitation or similar purposes.

Height of building. See Building, height of.

Home occupation. Any occupation or profession carried on by the inhabitants which is clearly incidental and secondary to the use of 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 and in connection with which there is no display of merchandise or sign other than one non-illuminated 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.

Hotel, motel. A building or group of buildings under one ownership containing sleeping rooms occupied, intended or designed to be occupied, as 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. Hotel or motel includes tourist homes and bed and breakfasts.

Industrialized housing. A factory fabricated dwelling or commercial unit built in one or more sections designed to fit together on a permanent foundation but which usually does not have wheels for movement and which is constructed in accordance with the Georgia Industrialized Building Act and which bears the seal of approval issued by the commissioner of community affairs. (Includes the term "modular house.")

Interior lot. See Lot, interior.

Itinerant vendors. Shall include any person, whether a resident of the city or not, who has no permanent place of business within the city, and who engages in the transient business in one temporary fixed place of business or sells goods from a vehicle.

Junk yard. An open area where waste, used or second-hand material are bought 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 junk yard includes automobile wrecking yards and includes any area for storage, keeping, or abandonment of junk but does not include uses established entirely within enclosed buildings.

Kennel. Any lot or premises on which three or more dogs, four months or more old are kept either permanently or temporarily, for purpose of sale, care, breeding or training for which any fee is charged.

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

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

Loading space. 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 fourteen feet in height.

Lot. 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 ordinance.

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

Lot, depth of. The mean distance between front and rear lot lines.

Lot, double frontage. A lot having a frontage on two non-intersecting streets, as distinguished from a corner lot.

Lot, flag. A lot which has only sufficient frontage on a public street to comply with the required access width requirements of this ordinance, shaped in such a manner that the portion of the lot closest to the street (referred to as the "staff") can only be used for access purposes and not as yard or buildable area. The flag area at the end of the staff must be sufficient to provide adequate space to meet yard or setback requirements.

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

Lot lines. The lines bounding a lot.

Lot of record. A lot which is a part of a subdivision, the map of which has been recorded in the office of the clerk of the circuit court of this county.

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

Manufactured home park. A licensed business operation which leases spaces for permanent or for temporary occupancy for periods exceeding 30 days for manufactured homes.

Manufactured home subdivision. A manufactured home subdivision is defined as at least a four-acre site which has been primarily designed for the subdivision of individual lots for manufactured home development.

Manufactured housing. 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 use 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 which 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.

Mini warehouse. 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 of storage units shall be conducted on the premises.

Mobile home A transportable, factory built home, designed to be used as a year round residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976. Mobile homes are not permitted uses in any zoning district.

Motel. See Hotel.

Multiple dwelling. See Dwelling, multiple.

Nonconforming use. Any building, structure or uses of land or building lawfully existing at the effective date of this ordinance, which does not conform with the provisions of this ordinance or amendments thereto.

Nursing home, convalescent home. 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 not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

Off-street loading and unloading space. 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. 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. Open air business uses shall include the following:

a)

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

b)

Retail sale of fruit and vegetables;

c)

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

d)

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

e)

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

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

Peddler. See Street vendor.

Permit. A certificate of zoning compliance or special zoning permit or any other permit required by this ordinance.

Permitted use. 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 ordinance. Where a permitted use would impact unfavorably on adjoining property the planning commission, and after a public hearing thereon, may stipulate, in appropriate situations, buffer areas, screening or other modifications.

Personal care home. A dwelling in which aged or infirmed persons are boarded and receive personal care (less than four infirm persons excluding operators and supervisors) on a 24-hour basis. All such homes shall be licensed by the appropriate state agency.

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

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

Private garage. See Garage, private.

Rear yard. See Yard, rear.

Restaurant. A public eating establishment in which the primary function is the preparation and service of food on the premises.

Right-of-way. Access over or across particularly described property for a specific purpose.

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

Roominghouse. A building other than a hotel where lodging without meals for three but not more than 20 persons is provided.

Satellite dish antenna. A device which is used to intercept satellite television signals and consists of two main components: the antenna itself, often called a dish, and low noise amplifier (LNA). Federal Communication Commission definition for a dish antenna is one that is one meter (39.37 inches) or less in diameter (or any size in Alaska) and is designed to receive direct broadcast satellite service, including direct to home satellite service.

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

Service station. See Filling station.

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

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

Side yard. See Yard, side.

Sign. 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.

Site alteration permit. A permit issued by the zoning administrator to a property owner permitting alteration of the property, not to include construction of a new building or structure. Examples include building demolition, tree clearing, grading, filling, and other similar activities. A building permit shall be considered to contain site alteration permission.

Smoke shop. Any business establishment dedicated to the display, sale, distribution, delivery, offering, furnishing, marketing or use of tobacco, tobacco products, or alternative nicotine products/instruments, or any combination thereof, including, but not limited to, cigarettes, cigars, e-cigarettes, hookahs, and vapes. This definition shall not include grocery stores, gas stations or similar retail use that only sell conventional cigars, or alternatively sell cigarettes only as an accessory sale (ten percent or less of total sales).

(1)

No smoke shop shall be located within 200 yards of any church, temple, or place of worship, daycare, school, college, university or government-owned facilities or properties or within 500 yards of another smoke shop. Distance shall be measured by a straight line without regard to intervening structures or objects, from the front door of the smoke shop to the closes point on a boundary of any parcels containing a church, temple, place of worship, daycare, school, college, university or government-owned facilities or properties, or another smoke shop.

(2)

No smoke shop shall be permitted in any district except C-1 and C-2 and then only as provided for in the zoning ordinance and all other city ordinances.

Storage garage. See Garage, storage.

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

Story, half. 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. A public thoroughfare which affords principal means of access to abutting property.

Street vendor/peddler. Shall include 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.

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

Structure. 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 without limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts, fences and pergolas. [The term] "structure" shall include buildings and swimming pools.

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

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

Trailer car. See Manufactured home.

Travel trailer. 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. 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. 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. Includes "designed for."

Variance. A variance is a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the ordinance would result in unnecessary undue hardship. As used in this ordinance, 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, to include, by way of example, 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.

Width of lot. See Lot, width of.

Yard. 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. 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. 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. 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 decision. The final action by mayor and council which results with:

a)

The adoption of a zoning ordinance;

b)

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

c)

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

Zoning ordinance. An ordinance or resolution by the mayor and council of the city establishing procedures and 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 and districts and zoning classifications of property therein.

(Ord. No. 2020-397, § 1, 12-7-2020; Ord. No. 2023-401, § 1, 9-5-2023)