A.

This document shall be formally known as the City of College Park Zoning Ordinance and it may also be cited and referred to as the Zoning Ordinance, Ordinance, or Code.

B.

This Ordinance shall be for the purpose of promoting the public health, safety and general welfare of the city and all of its citizens.

C.

This Ordinance shall be under the authority of Official Code of Georgia Annotated, Title 36, Chapter 66, Zoning Procedures, and Title 36, Chapter 67, Zoning Proposal Review Procedures, and all acts amendatory thereto.

This Ordinance shall apply to all land within the jurisdiction of the City of College Park, being all portions of the city not in the ownership of the municipal, state, or federal government and to any area for which the City of College Park Mayor and City Council has jurisdiction consistent with the provisions of Georgia law.

This Ordinance is intended to guide the growth and development of City of College Park in accordance with the City of College Park Comprehensive Plan and for the following purposes:

A.

To secure adequate light, air, and convenience of access; and safety from fire, flood, and other dangers.

B.

To promote the public health, safety, comfort, convenience, morals and general welfare.

C.

To plan for the future development of the city to the end:

1.

That the community grows only with adequate public ways, utilities, health, education, and recreation facilities,

2.

That the needs of agriculture, industry, and business be recognized in future growth,

3.

That residential areas provide healthful surroundings for family life,

4.

That the growth of the community is commensurate with and promotes the efficient and economical use of public funds, and

5.

That the community strives for high aesthetic value and quality planning and design.

A.

The definitions contained in this Article shall be observed and applied in the interpretation of all other actions in this ordinance;

1.

Words used in the present tense shall include the future;

2.

Words used in the singular number shall include the plural and the plural the singular;

3.

Words used in the masculine gender shall include the feminine;

4.

The word "shall" is mandatory, not discretionary;

5.

The word "may" is permissive;

6.

The word "lot" shall include the words "tract" and "parcel;"

7.

The word "building" includes all other structures of every kind regardless of similarity to buildings;

8.

The phrase "used for" shall include the phrase "arranged for," designed for," intended for," "maintained for," and "occupied for;"

9.

The word "person" includes a corporation, firm, partnership or similar, as well as an individual;

10.

All measured distances shall be to the nearest whole foot;

11.

Parenthetical words or statements are integral parts of the definitions in which they are located;

12.

Any words not defined in Article 1.4 shall be construed in their generally accepted meanings as defined by standard dictionaries.

C.

The words generally used in this ordinance are defined in Article 1.4, Definitions, and shall be viewed in that context.

D.

For the purpose of these regulations, certain words or terms used shall be defined as follows:

Abandonment: The relinquishment of property or a cessation of the use of the property for a continuous period of one (1) year by the owner with neither transferring rights to the property to another owner nor of resuming the use of the property.

Accessory Dwelling: A dwelling unit, which is used for residential occupancy, created within an existing single-family home or on the same lot. It is an independent unit, but it may share an entrance, yard and parking with the principal unit.

Accessory Equipment: Any equipment serving or being used in conjunction with a Telecommunications Facility or Support Structure. This equipment includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or other structures.

Accessory Structure: A structure which is subordinate to a primary structure in area, intent, and/or purpose; contributes to the comfort, convenience, or necessity of occupants of the primary building, structure, or principal use, and does not alter or change the character of the premises; is located on the same lot as the primary building, structure, or use.

Adult Day Care Facility: Adult day care facilities shall include any building or portion thereof used to house six (6) or more adults requiring care, maintenance, and supervision for part of the a day.

Administrative Approval: Zoning approval that the City Planner is authorized to grant after an internal review of submitted document, site plan, or application.

Administrator: The individual or group responsible for the implementation and enforcement of the Ordinance. The City Planner, or his/her designee, shall be the administrator for the Zoning Ordinance.

Agriculture: The use of land for the purpose of farming, dairying, pasturage or livestock yard, apiculture, horticulture, floriculture, viticulture, forestry and animal and poultry husbandry, and the necessary accessory uses. The operation of any accessory uses shall be secondary to that of the normal agricultural activities.

Airport parking and shuttle services: Parking facilities designed primarily to serve Hartsfield-Jackson Atlanta International Airport. Such facilities allow parking for a fee on an hourly, daily, weekly or other periodic basis and may provide shuttle services between the parking facility and the airport terminal or other airport use. Commercial parking lots which primarily serve the airport and its related activities but which do not provide shuttle services are nonetheless included in this definition.

Airport related employee parking: Parking, whether privately owned or governmentally owned, reserved for employees of Hartsfield-Jackson Atlanta International Airport or employees working for any person, firm or corporation which provides airport related services associated with the airport.

Alley: A street which affords only secondary means of access to abutting property, and not intended for general traffic.

Alteration: A change in size, shape, character, occupancy or use of a building or structure.

Alteration, Structural: Any change in the supporting elements of a building such as bearing walls, columns, beams or girders.

Airport: An area of land which is designed, used or intended to be used for landing and takeoff of aircraft and any appurtenant areas, including buildings and other facilities such as refueling, parking, maintenance and repair facilities. The term "airport" applies to all such facilities, whether the facility is public or private.

Amend or Amendment: Any repeal, modification, or addition to a regulation; or any new regulation.

Animal Hospital: A building or portion thereof designed or used for the care, observation or treatment of domestic animals.

Apartment: One (1) or more rooms in an apartment building, with private bath and kitchen facilities or combination living space and commercial building, arranged, intended, designed, or occupied on a rental basis as a dwelling unit for a single family, an individual, or a group of individuals.

Apartment Building: A multi-family housing structure designed and constructed to accommodate three (3) or more dwelling units with independent cooking and bathroom facilities.

Appeal: The process by which an aggrieved party may petition for review of a decision made by an official or department of city government.

Applicant: The owner, owners, or legal representative of real estate who makes application to City of College Park for action affecting the real estate owned thereby.

Application: The application for and all accompanying documents and exhibits required of a petitioner by an approving authority for a development review process.

Arcade: A row of arches, free-standing and supported on piers or columns.

Arterial Street/Road: See "Street/Road, Major Arterial."

As Built Plan: A plan and supporting documentation which describes a particular site after construction has been completed. This plan should indicate all structures, hard surface features, utilities, landscaping areas, tree preservation zones and tree replacement areas.

Assisted Living Facility: A state licensed use in which domiciliary care is provided to adults who are provided with food, shelter and personal services within independent living units which include kitchen facilities in which residents have the option of preparing and serving some or all of their own meals. This use shall not include hospitals, convalescent centers, nursing homes, hospices, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

Attached Building: A building that is structurally connected to another building by a foundation, wall, or roof line. Carports, garages, porch awnings and the like shall be considered attached buildings.

Attached Wireless Communication Facility: An antenna array that is attached to an existing structure. These structures include, but are not limited to, utility poles, signs, water towers, rooftops, equipment facilities, and towers with any accompanying pole or device which attaches the antenna array to the existing building or structure and associated connection cables.

Automobile Repair, Major: A business where engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame, or fender straightening or repair; and overall painting of vehicles is performed.

Automobile Repair, Minor: A business that conducts repairs other than major repair including engine tune-up, muffler shops, shock absorber replacement shops, undercoating shops, tire changes, and oil changes.

Automobile: A self-propelled, free-moving vehicle with four (4) wheels, usually used to transport not more than six (6) passengers and licensed by the appropriate state agency as a passenger vehicle.

Automobile Wash: Any building or premises or portions thereof used for washing automobiles. The facility for washing automobiles may be self-service, semi-automatic, or automatic application of cleaner, brushes, rinse water, and heat for drying.

Automobile Sales: The use of any building, land area, or other premise for the display and sale of new or used automobiles, generally, but may include light trucks or vans, trailers, or recreational vehicles and including any vehicle preparation or repair work conducted as an accessory use.

Automobile Service Station: Any building, land area, or other premise, or portion thereof, used for the retail dispensing or sales of vehicular fuels; servicing and repair of automobiles, and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar vehicle accessories.

Awning: A sheet of canvas, metal or other material stretched on a frame and used to keep the sun or rain off a storefront, window, doorway, or deck.

Awning Sign: A sign applied to an awning that does not change the shape or function of the awning structure itself.

Bank: An officially state or federally chartered institution, empowered to receive deposits, make loans, and provide checking and savings account services.

Banquet Hall: A principal use consisting of a large room or hall that is available for rent for use for specific banquets, exhibitions, and/or meetings that may include the provision of food, drink, and/or entertainment.

Bar/Pub Establishment where the primary purpose is the serving of drinks, especially alcoholic drinks, to the general public.

Basal Area: The cross-sectional area expressed in square inches, of a tree trunk at diameter breast height expressed herein in terms of "units" per acre.

Basement: A story partly underground but having more than one-half (½) of its height below finished grade.

Bay (building): An opening or recess in a wall.

Bay window: A large window or series of windows that projects out from the exterior wall of a building and forms an alcove within.

Bed and Breakfast Facility: An individual owner occupied residence containing no more than eight (8) guest rooms for hire, for lodging by prearrangement for periods not to exceed three (3) consecutive weeks and providing for occasional meals daily (usually breakfast) and not a hotel, boarding, lodging house, or motel.

Berm: A man-made, formed, earth mound of definite height and width used for landscaping and obscuring purposes.

Best Management Practices (BMPs): A collection of structural measures and vegetative practices which, when properly designed, installed and maintained, will provide effective erosion and sedimentation control. The term "properly designed" means designed in accordance with the hydraulic design specifications contained in the "Manual for Erosion and Sediment Control in Georgia" specified in O.C.G.A. § 12-7-6(b).

Block: Property abutting on one (1) side of a street and lying between the two (2) nearest intersecting or intercepting streets, intersecting railroad, intersecting waterway, or the end of a dead end street.

Board of Zoning Appeals: The City of College Park Board of Zoning Appeals as established in this ordinance.

Boarding House: A dwelling other than a hotel where, for compensation and by prearrangement for a definite period, where meals and/or lodging are provided for four (4) or more persons.

Booking Agent: Any person or entity that facilitates reservations or collects payment for limited lodging accommodations on behalf of or for an owner or primary resident. Merely publishing an advertisement for accommodation in a dwelling unit for limited lodging does not make the publisher a booking agent.

Brewery: Any establishment where malt beverages are manufactured that does not constitute a brewpub or microbrewery, as defined herein.

Brewpub: Any easting establishment in which malt beverages are manufactured, subject to the barrel limitation in O.C.G.A. § 3-5-36. As used in this paragraph, the term "eating establishment" means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least fifty (50) percent of its total annual gross food and beverage sales from the sale of prepared meals or food; provided, however, that when determining the total annual gross food and beverage sales, barrels of malt beverages sold to licensed wholesale dealers, or packaged in bottles or growlers sold to the public for consumption off the premises, shall not be used.

Buffer: An area adjacent to front, side or rear property lines, measured perpendicularly from adjacent property lines and/or right-of-way lines, intended to provide attractive spaces to reduce the impacts of proposed uses on adjacent property or natural features and to screen incompatible uses from each other. Buffers also help to maintain existing trees or natural vegetation, to block or reduce noise, glare or other emissions and to maintain privacy. Buffers may be undisturbed vegetated areas or planted buffers. Buffers are in addition to, but separate from, the front, rear, or side yard setbacks.

Building line: The building line is the same as the front yard setback line or build to line.

Building: A structure having a roof, supported by columns or walls, and intended for the shelter, housings, or enclosure of an individual, animal; process, equipment, goods, or materials of any kind.

Building Area: The horizontal area of the buildings on a lot, measured from the outside exterior walls, excluding open areas or terraces, unenclosed porches or decks, and architectural features that project less than two (2) feet.

Building, Detached: A building surrounded by open space on the same lot.

Building Code: The International Building Code pursuant to O.C.G.A. § 8-2-20.

Building Envelope: The three-dimensional space within which a structure is permitted to be built on a lot and that is defined by the maximum height regulations, minimum yard setbacks, and buffers when applicable.

Building Height: See "Structure Height."

Building Inspector: The person or persons charged with the responsibility of issuing building permits, inspecting buildings, and issuing certificates of occupancy. This person is certified by the State or the International Code Council (ICC) in one (1) or more disciplines; a residential or commercial building inspector, a plumbing, electrical or mechanical inspector or other specialty to inspect structures at different stages of completion.

Building Permit: A permit allowing a person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure or before starting any construction, excavation, or work within a subdivision within its jurisdiction, or the pursuit of changes to the condition of land.

Building, Principal: A building or structure in which is conducted the predominant use of the lot, on which it is located.

Building, Residential: A building which is arranged, designed, used, or intended to be used for residential occupancy by one (1) or more families which includes, but is not limited to the following types:

A.

Single-family detached dwellings;

B.

Two-family dwellings;

C.

Single-family or two-family attached and semi-detached dwellings developed initially under single ownership or unified control;

D.

Multiple-family dwellings.

Bulkhead: The unit that occupies the lowest level of a storefront and can be described as the base which supports the display window; also referred to as a kick plate.

Business: The engaging in the purchase, sale, barter, or exchange of goods, wares, merchandise, or services; an occupation, employment, or enterprise which occupies time, attention, labor, and materials; or the maintenance or operation of offices, recreational, or amusement enterprises.

Caliper: The diameter of thickness of the trunk of a young tree or sapling as measured at six (6) inches above the top of the root mass. This measurement is used for nursery-grown trees having a diameter of less than six (6) inches.

Canopy: A permanent roof-like structure projecting from a building and open on at least one (1) side for the purpose of shielding a pedestrian walkway from the elements, or a freestanding roof-like structure supported by columns intended to shield a vehicular driveway or service area from the elements.

Casement window: A window in one (1) or two (2) vertical parts, mounted on hinges and opening in the center or from one (1) side.

Cash Advance Outlet: A short-term loan from a bank or alternative lender that generally feature high interest rates or fees, but they are attractive to many borrowers as they also feature fast approval and quick funding.

Car rental agencies: Businesses which have as their primary purpose, or as a significant purpose, the furnishing of motor vehicles for hire on a periodic basis and which store vehicles pending-their rental so that such vehicles may be available for rental or lease.

Carport: A roofed automobile shelter with two (2) or more open sides formed by extension of the roof from the side of a building to which it is attached.

Cemetery: Property used for the interring of the dead. Includes any crematory, mausoleum, or mortuary operated in conjunction with and on the same tract as the cemetery.

Certificate of Occupancy: A certificate stating that the occupancy and use of a structure complies with the provisions of the City of College Park Building Code and all other applicable regulations of City of College Park.

Church: See "Place of Worship."

Check Cashing Outlet: A person or entity that, for compensation, engages in whole or in part in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. It does not include a state or federally chartered bank, savings association, credit union, or industrial loan company.

City planner: The person appointed by the Mayor and City Council of the City of College Park, and his or her designee, and having the duties and responsibilities set forth within the Ordinance.

City Street: For the purpose of this ordinance only, a city street is a street which is owned and/or maintained by City of College Park. Nothing herein shall be construed to designate any street as a city street for other than zoning purposes.

Clearing: The removal of vegetation from a property by any means.

Cluster: A development design technique that concentrates buildings on part of the site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive features.

Clinic: An establishment in which human patients, who are not lodged overnight, receive medical or dental study or treatment and in which the services of at least two (2) physicians or dentists are provided.

Club or Lodge, Private: An association of persons, who are bona fide members paying annual dues, which owns, hires, or leases a building or portion thereof; the use of such premises being restricted to members and their guests. The affairs and management of such "private club or lodge" are conducted by a board of directors, executive committee, or similar body chosen by the members. It shall be permissible to serve food on such premises.

Collection Bin: A freestanding, unattended container, drop-off box, receptacle, trailer or similar device that is located outdoors and is held out to the public as a place for the public to donate household materials, clothes, shoes, books and other salvageable items of personal property to store such items until taken away for donation or resale by the person that owns, operates, or maintains the container. The term does not include:

A.

Any unattended collection or donation box located within a building;

B.

A drop-off box maintained by a public library for the return of books or audio visual items; or

C.

Any "public bookcase," which is a cabinet containing one (1) or more shelves, frequently is enclosed by a cabinet door or lid, and may resemble a birdhouse that is used for the free and anonymous storage and exchange of books by the general public without the formality associated with a public library. For purposes of this section, the term "public bookcase" includes a "little free library."

Collector Road: See "Road, Collector."

Colonnade: A sequence of columns.

Commercial District: Refers to the DO, DC, OP, C1, C2, HC, and BP zoning districts.

Commercial Vehicle: Any motor vehicle licensed by the State as a commercial vehicle.

Common Area: Those portions of a site and/or building(s) collectively owned or controlled.

Cornice: A continuous horizontal molding that sits atop a wall or building.

Community Garden: An area of land managed and maintained by a group of individuals to grow and harvest food crops and/or non-food, ornamental crops, such as flowers, for personal or group use, consumption or donation. Community gardens may be divided into separate plots for cultivation by one (1) or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members.

Comprehensive Plan: Refers to the City of College Park Comprehensive Plan. The plan includes goals, objectives and strategies for land use, transportation, community facilities and services, environment concerns, infrastructure, aesthetics and identity, economic development, and parks and recreation. The plan was developed and adopted by the city pursuant to the Georgia Planning Act of 1989 and includes any part and/or policies separately adopted and any amendment to such plan and/or policies, or parts thereof.

Conditional Use: A use that is designated by the Zoning Ordinance as being permitted in the district concerned if it meets special conditions, if found to be appropriate and upon application, is specifically authorized by the Mayor and City Council.

Condition of Approval: Stipulations or provisions that are provided above and beyond the minimum requirements that are set forth as a prerequisite for the approval of an application.

Condominium: Real estate lawfully subject to the Georgia Condominium Act, O.C.G.A. § 44-30-70 et seq. by the recordation of condominium instruments, in which undivided interests in the common areas and facilities are vested in the condominium unit owners.

Conforming Building or Structure: Any building or structure that complies with all the regulations of this ordinance or of any amendment hereto governing the zoning district in which building or structure is located; and is designed or intended for a conforming use.

Construction Plan(s): The maps or drawings showing the specific location and design of improvements to be built in accordance with the applicable requirements of City of College Park.

Consumer fireworks retail sales facility: A permanent or temporary building or structure, consumer fireworks retail sales stand, tent, canopy, or membrane structure that is used primarily for the retail display and sale of consumer fireworks to the public. The definition of consumer fireworks retail sales facility shall have the same meaning as set forth in O.C.G.A. § 25-10-1 and NFPA 1124 should that definition differ from the definition in this subsection.

Consumer fireworks retail sales stand: A permanent or temporary building or structure that has a floor area of not greater than eight hundred (800) square feet (seventy-four (74) square meters), other than tents, canopies, or membrane structures, that is used primarily for the retail display and sale of consumer fireworks to the public. The definition of consumer fireworks retail sales stand shall have the same meaning as set forth in O.C.G.A. § 25-10-1 and NFPA 1124 should that definition differ from the definition in this subsection.

Convalescent Center: See "Nursing Home."

Coop (cage): A structure, not necessarily attached to the ground, with a top and sides and designed to provide shelter and protection for small animals or birds.

Courtyard: An open unoccupied space bounded on two (2) or more sides by the exterior walls of a building or exterior walls and lot lines.

Covenants: Private and legal restrictions of various kinds on the usage of lots, typically within a subdivision and applied by the sub-divider and/or developer, that are recorded with the plat and deed.

Craft Beer and Wine Market: A retail establishment which derives at least seventy (70) percent of its total annual gross sales from the sale of craft beers, hard cider, and/or wine.

Crematory: Any place where cremation is performed, other than a hospital, clinic, laboratory, or other facility authorized by the Department of Human Resources for such purposes. This shall include any place where the cremation of animals is performed in accordance with O.C.G.A. § 40-13.5-04.

Cremation: The reduction of dead human or animal bodies to residue by intense heat.

Critical Establishment Period: The first two (2) years after a tree is planted.

Critical Root Zone (CRZ): The minimum area beneath a tree which must be left undisturbed in order to preserve a sufficient root mass to give a tree a reasonable chance of survival. The critical root zone will typically be represented by a concentric circle centering on the tree's trunk with a radius equal in feet to one and three-tenths (1.3) times the number of inches of the trunk diameter.

Cross Dock: Any structure designed for the immediate transfer of material from one (1) vehicle to another. A cross dock structure has no area designed for long term storage of materials.

Cul-de-Sac: The turnaround at the end of a dead end street.

Curb Level: The level of the established curb in front of such building measured at the center of such front. Where no curb level been established, the pavement elevation at the street center line similarly measured, or the mean elevation of the finished lot grade immediately adjacent to a building shall be considered the "curb level."

Curb cut: A curb cut is a ramp leading smoothly down from a sidewalk to an intersecting street.

Curb radius: A term used by highway engineers to describe the sharpness of a corner. A large curb radius allows for turns at higher speeds; lower curb radii necessitate a decrease in speed to turn.

Cutting: The detaching or separating of any limb, branch, or root from a tree; for the purpose of erosion control, the removal of any soil or other solid material from a natural ground surface.

Day Care Center: As defined by Rules and Regulations of the Georgia Department of Human Resources and for the purposes of the Zoning Ordinance, any place operated by a person, society, cooperation, institution, or group wherein are received for pay for group care, for fewer than twenty-four (24) hours per day without transfer of legal custody, having nineteen (19) or more children under eighteen (18) years of age, and which is required to be licensed by both City of College Park and the Georgia Department of Human Resources. "Day care facilities" shall be further differentiated by the following three (3) classifications:

1.

Family day care home. A private residence operated by any person who receives therein, for pay for supervision and care for fewer than twenty-four (24) hours per day, without transfer of legal custody, three (3), but not more than six (6), children under eighteen (18) years of age, who are not related to such person and whose parents or guardians are not residents in the same private residence.

2.

Group day care home. Any place operated by any person or group wherein are received for pay not less than seven (7), nor more than eighteen (18), children under eighteen (18) years of age for care and supervision for less than twenty-four (24) hours per day.

3.

Day care center. Any place operated by a person, society, agency, corporation, institution or group, wherein are received, for pay, for group care for fewer than twenty-four (24) hours per day, without transfer of legal custody, nineteen (19) or more children under eighteen (18) years of age.

Dead Tree: A tree that does not contain any live tissue, i.e., green leaves or live limbs.

Decorative Wall: A masonry wall consisting of brick, stone or similar materials as approved by the City Planner and constructed with a design that includes specific pattern elements or ornamentation.

Deciduous: A plant with foliage that drops or dies at the end of a growing season.

Dedication: The setting apart of land or interests in land for use that is accepted by the city by Code, resolution, or the recording of a plat.

Density Factor: A unit of measure used to prescribe the calculated tree coverage of a site.

Detached Building: A building that has no structural connection with the principal building.

Detention facility: A low lying area that is designed to temporarily hold a set amount of water while slowly draining to another location.

Developer: An individual, partnership, corporation (or agent thereof), or other entity that undertakes the responsibility for land development, particularly the designing of a subdivision plat or site development plan showing the layout of the land and the public improvements involved therein. In as much as the subdivision plat is merely a necessary means to the end of assuring a satisfactory development, the term "developer" is intended to include the term "sub-divider," even though the personnel involved in successive stages of the project may differ.

Development: Any man-made change to improved or unimproved real estate including but not limited to:

A.

Construction, reconstruction, or placement of a structure or any addition to a structure;

B.

Installing a manufactured home on a site, preparing a site for a manufactured home;

C.

Installing utilities, erection of walls and fences, construction of roads, or similar projects;

D.

Construction of flood control structures such as levees, dikes, dams, channel improvements, etc.;

E.

Mining, dredging, filling, grading, excavation, or drilling operations;

F.

Construction and/or reconstruction of bridges or culverts;

G.

Storage of materials or vehicles; or

H.

Any other activity that might change the direction, height, or velocity of flood or surface waters.

"Development" does not include activities such as the maintenance of existing buildings and facilities such as painting, re-roofing; resurfacing roads, gardening, plowing, and similar agricultural practices.

Diameter Breast Height (DBH): The standard measure of tree size for trees six (6) inches or greater in caliper existing on a site. The tree trunk is measured at a height of four and one-half (4½) feet above the ground, and if a tree splits into multiple trunks below that point, the trunk is measured at its most narrow point beneath the split.

Diameter Tree: The diameter of a tree measured as follows:

A.

For existing preserved trees, at a point four and one-half (4½) feet above the ground;

B.

For new replaced trees, at a point six (6) inches above ground; and

C.

For multiple trunk trees, as provided in the measure of diameter at breast height.

Disabled: Shall have the same definition as "handicapped" set forth in the Fair Housing Act, 42 U.S.C. § 3602(h), and shall mean: a physical or mental impairment which substantially limits one (1) or more of such person's major life activities; or a record of having such impairment; or Being regarded as having such impairment, but such term does not include the current, illegal use or addiction to a controlled substance or the current addiction to alcohol.

Distribution Center: An establishment engaged in the receipt, storage, and distribution of goods, products, cargo, and materials, including transshipment by boat, rail, air, or motor vehicle.

District: A section of City of College Park for which uniform zoning regulations governing use, height, area, size, intensity of use of buildings and land, and open spaces about buildings, are established by the Zoning Ordinance.

Domestic Pets: Animals commonly used as household pets, protection, companions, and for the assistance of disabled persons. Domestic pets shall include, but not be limited to, dogs, cats, parakeets, parrots, finches, spiders, guinea pigs, hamsters, gerbils, rats, mice, rabbits, and aquarium fish.

Drainage Easement: A grant by a property owner to specific persons, the general public, corporations, utilities, or others, for the purpose of transporting storm water.

Drip Line: A vertical line extending from the outermost branches of a tree to the ground.

Ds1: disturbed area stabilization with mulch only per "The Manual for Erosion & Sediment Control in Georgia"

Ds2: disturbed area stabilization with temporary vegetation per "The Manual for Erosion & Sediment Control in Georgia"

Ds3: disturbed area stabilization with permanent vegetation per "The Manual for Erosion & Sediment Control in Georgia."

Drive, Private: See "Road, Private."

Drive-in Establishment: An establishment which offers merchandise, service, or entertainment to persons in motor vehicles.

Drive In Restaurant: Any place or premises used for sale, dispensing or service of food, refreshment or beverages in automobiles, including those establishments where customers may eat or drink the food or beverage on the premises.

Driveway: An access-way connecting one (1) or more dwelling units and/or their parking spaces with a street.

Dry Well: An underground structure that collects storm water and dissipates slowly via small openings into the ground where it eventually merges with the groundwater.

Duplex: See "Dwelling, Two-Family."

Dwelling: A building or structure or portion thereof, conforming to all requirements applicable to the residential use districts of the Zoning Ordinance and City of College Park Building Code or Georgia Building Code used exclusively for residential occupancy, including single-family dwelling units, two-family dwelling units, and multi-family dwelling units, but excluding hotels, boarding houses, and lodging houses.

Dwelling Site: A site within a manufactured home park and/or mobile home park with required improvements and utilities that is leased for the long term placement of manufactured homes and/or mobile homes.

Dwelling Unit: Any structure or portion thereof designed for or used for residential purposes as a self-sufficient or individual unit by one (1) family and having permanently installed sleeping, cooking, and sanitary facilities.

Dwelling, Mobile Home: A transportable dwelling unit manufactured prior to June 15, 1976 and not subject to the Federal Manufactured Housing Construction and Safety Standards 42 U.S.C.A. 5401 et seq.

Dwelling, Multi-Family: A residential building designed for or occupied by three (3) or more families, with the number of families in residence not exceeding the number of dwelling units provided.

Dwelling, Single-Family: A detached residential dwelling unit designed for and occupied by one (1) family.

Dwelling, Two-Family: A residential building containing two (2) dwelling units designed for occupancy by not more than two (2) families.

Easement: A grant by a property owner to specific persons, the general public, corporations, utilities, governments, or others, for a specified purpose.

Efficiency Unit: A dwelling unit consisting of one (1) principle room exclusive of bathroom, hallway, closets, or kitchen and dining alcove directly off the principal room.

Erosion: The process by which land surface is worn away by the action of wind, water, ice, or gravity.

Establishment: An economic unit, generally, at a single physical location, where business is conducted or services or industrial operation performed.

Evergreen: A plant with foliage that remains green year-round.

Explosives: Any chemical compound or other substance or mechanical system intended for the purpose of producing an explosion or containing oxidizing and combustible units or other ingredients in such proportions or quantities that ignition by fire, by friction, by concussion, by percussion, or by detonator may produce an explosion capable of causing injury to persons or damage to property.

Facade: The face of a building fronting along a street.

Family: A person, or group of persons, immediately related by blood, marriage, or adoption living and cooking together as a single housekeeping unit, exclusive of household servants; also, a group of not more than three (3) persons not necessarily related by blood, marriage, or adoption, living and cooking together as a single housekeeping unit.

Family Day Care Home: A use, in which shelter, care, and supervision are provided for fewer than twenty-four (24) hours per day, without transfer of legal custody, having no more than six (6) children under eighteen (18) years of age who are not related to such persons and whose parent or guardians are not residents in the same private residence. All family day care homes shall meet the requirements of the adopted International Residential Building Code.

Farm: An area of at least three (3) acres used for agricultural operations, forestry, the operating of a tree or plant nursery, or the production of livestock and poultry as well as those properties classified by the Internal Revenue Service as a farm.

Farm Animals: Animals commonly used for transportation, food, skins, and other by-products. Farm animals include, but are not limited to, horses, cattle, pigs, sheep, goats, mules, donkeys, miniature horses, miniature donkeys, camels, emu, ostrich, llamas, alpacas, rabbits, mink, fox, buffalo, chickens, turkeys, quail, pheasants, and other animals or fowl of similar characteristics.

Farm Winery: A winery which makes at least forty (40) percent of its annual production from agricultural produce grown in the state where the winery is located and:

A.

Is located on premises, a substantial portion of which is used for agricultural purposes, including the cultivation of grapes, berries or fruits to be utilized in the manufacture or production of wine by the winery; or

B.

Is owned and operated by persons who are engaged in the production of a substantial portion of the agricultural produce used in its annual production.

C.

To the extent that the definition of "farm winery" in this subsection differs from the definition provided in O.C.G.A. § 3-6-21.1, the definition in O.C.G.A. § 3-6-21.1 controls.

Feedlots: A lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising, or holding of animals, including livestock and fowl, and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. Open lots used for the feeding and rearing of poultry (poultry ranges) shall be considered animal feedlots.

Fence, Chain-Link: A fence constructed of galvanized steel or similar materials as approved by the Building Inspector for the purpose of enclosing or securing an area. Chain-link fences shall not include wire fences or fences of similar construction.

Fence, Electric: Electrically-charged strand or strands of wire, intended to produce an electric shock upon contact, which are installed around the perimeter of an area. While low and high voltage/current electric fences may both be powered primarily by solar power and secondarily by a 12-volt battery, low voltage electric fences do not exceed an output of six (6) milliamps, while high voltage electric fences exceed an output of six (6) milliamps.

Fence, Decorative Wall: A masonry wall consisting of brick, stone, or similar materials as approved by the City Planner and constructed with a design that includes specific pattern elements or ornamentation.

Fence, Industrial: A chain-link or ornamental fence constructed of materials approved by the Building Inspector for the purpose of enclosing or securing an industrial use.

Fence, Living: A continuous hedgerow of living plant material planted and maintained for the purpose of enclosing an area.

Fence, Obscuring Wall: A masonry wall consisting of brick, stone, or similar materials as approved by the City Planner and constructed for the purpose of enclosing, obscuring or screening an area from view.

Fence, Ornamental: A fence consisting of wrought iron, galvanized steel, aluminum, vinyl, wood or similar materials fabricated into a design with specific pattern elements or ornamentation. Columns, or support structures may consist of brick, stone or stucco that is architecturally consistent with the primary structure. All spaces in the fence shall be open and unobstructed and the fence shall not block vision to an extent greater than forty (40) percent. Ornamental fences shall not include chain-link or wire fences or fences of similar construction.

Fence, Privacy: A fence constructed of wood, vinyl or similar materials that blocks vision to an extent greater than forty (40) percent for the purpose of obscuring or screening an area from public view.

Fence, Rail: A fence constructed of wood, vinyl or similar materials and consisting of one (1) to four (4) horizontal rails connecting to vertical posts spaced a minimum of six (6) feet apart. All spaces in such fences shall be open and unobstructed and such fences shall not block vision to an extent greater than forty (40) percent.

Fence, Temporary: A fence constructed of canvas, plastic, chain-link, wood or similar material as approved by the City Planner for the purpose of enclosing or securing an area for a limited period of time.

Fenestration: The arrangement, size, proportion and design of windows and doors on a building facade.

Festoons: Strings of ribbons, tinsel, small flags, pennants, streamers, pinwheels, or other devices or long narrow strips of fabric, plastic, or other pliable material designed to move in the wind.

Final Plat: The final map, drawing or chart upon which the sub-divider's as-built plan of subdivision is presented, and which, if approved, will be submitted for recording among the land records for City of College Park.

Finished Floor Area: See "Floor Area, Finished."

Fireworks: Any combustible or explosive composition or any substance or combination of substances or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, including blank cartridges, firecrackers, torpedoes, skyrockets, bombs, sparklers, and other combustibles and explosives of like construction, as well as articles containing any explosive or flammable compound and tablets and other devices containing an explosive substance. The definition of Fireworks shall have the same meaning as set forth in O.C.G.A. § 25-10-1 and NFPA 1124 should that definition differ from the definition in this subsection.

Fireworks, consumer: Any small fireworks devices containing restricted amounts of pyrotechnic composition, designed primarily to produce visible or audible effects by combustion, that comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission as provided for in Parts 1500 and 1507 of Title 16 of the Code of Federal Regulations, the United States Department of Transportation as provided for in Part 172 of Title 49 of the Code of Federal Regulations, and the American Pyrotechnics Association as provided for in the 2001 American Pyrotechnics Association Standard 87-1, and additionally shall mean Roman candles. The definition of Consumer Fireworks shall have the same meaning as set forth in O.C.G.A. § 25-10-1 and NFPA 1124 should that definition differ from the definition in this subsection.

Flood: A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.

Flood, Regulatory Base: Flood having a one (1) percent chance of being equaled or exceeded in any given year. This is often referred to as a 100-year flood.

Floodplain: The relatively flat area or low land adjoining the channel of a river or stream which has been or may be covered by flood water. The floodplain includes the channel, floodway, and floodway fringe. Floodplain boundaries are to be determined by using the Floodway-Flood Boundary Maps of the Federal Insurance Administration/Federal Emergency Management Administration.

Floodway: The channel of a river or stream and those portions of the floodplains adjoining the channel which are reasonably required to efficiently carry and discharge the peak flood flow of the regulatory flood of any river or stream.

Floodway Fringe: Those portions of the floodplain lying outside the floodway.

Flood Hazard Area: The floodplain consisting of the floodway and the floodway fringe area.

Flood Insurance Rate Map: The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and risk premium zones applicable to the community.

Floor Area (For determining floor area ratio): The sum of the gross horizontal areas of the several floors of the building enclosed by an exterior wall, excluding however, attic, and basement floors, open porches, breezeways, and garages.

Floor Area of a Building (For determining off-street parking and loading requirements): The sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to a specific use; including accessory storage areas located within selling or working space such as counters, racks or closets; and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.

Floor Area, Finished: That portion of floor area constructed, completed, and usable for living purposes with normal living facilities which includes sleeping, dining, cooking, working, entertainment, common space living rooms, areas for personal hygiene, or combination thereof. Floor area or portion thereof used only for storage purposes and not equipped for the facilities mentioned above shall not be considered Finished Floor Area.

Floor Area, Ground: That portion of Finished Floor Area located on the first (or nearest ground level) floor of the dwelling unit. The Floor Area of a primary structure does not include a garage, carport, deck, unfinished storage, patio, or open porch.

Floor Area Ratio: The floor area of the building or buildings on a lot divided by the area of such lot.

Food service facility, carry-out: Any place or establishment merchandising or dispensing food or drink, which is located on a permanent foundation and has at least four hundred (400) square feet of floor area, at which the customer is served:

1.

Either over a counter or through an exterior sales window, and in which all food and drink merchandised and dispensed has been prepared and packaged so as to facilitate its consumption outside the structure from which the food or drink is dispensed, and

2.

Said establishment has no seats for customers inside the establishment.

Food Truck Park: A lot or a portion of a lot designated to accommodate two (2) or more mobile food vendors, as such term is defined in chapter 11 - occupational licenses, taxes and regulations of the College Park City Code.

Foot candle: A unit of measure of the intensity of light falling on a surface.

Forestry: The science, business and art of creating, conserving and managing forests on a continuous basis for both commodity and non-commodity purposes.

Foundation: The supporting member of a wall or structure.

Freeway: See "Road/Street, freeway."

Front Line: With respect to a building, the foundation line that is nearest the front lot line.

Front Lot line: For an interior or through lot, the line marking the boundary between the lot and the abutting street right-of-way or a lake or watercourse; and for a corner lot, the line marking the boundary between the lot and each of the abutting streets.

Front Yard: The horizontal space between the nearest foundation of a building to the front lot line, extending to the side lines of the lot, and measured as the shortest distance from that foundation to the front lot line.

Frontage: See "Lot Frontage."

Fully Shielded Fixture: An outdoor lighting fixture that is shielded or constructed so that all light emitted is projected below a horizontal plane running through the lowest part of the fixtures.

Funeral home/mortuary: A place where embalming and/or funeral directing is practiced without engaging in the process of cremation or where observance, services or ceremonies are held for dead human bodies and which is open to the public and transacts business relating to funeral service.

Gabled roof: A roof consisting of two (2) sloping sides that form a ridge and a gable at each end.

Garage: A deck, building, or parking structure, or part thereof, used or intended to be used for the parking and storage of vehicles.

Gas Station: Any retail location where gasoline is sold.

Glare: The effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

Greenhouse: A building made of glass, plastic, or fiberglass in which plants are cultivated.

Green Space: See "Open Space."

Ground Floor Area: See "Floor Area, Ground."

Gross Site Area: One (1) or more parcels of land included in a single development plan, and preferably under common ownership, which constitute the entire area of the development shown on the site plan or subdivision plat. Gross site area shall include all land needed for required open space, buffer areas, landscaping, drainage facilities, parking, internal access roads or driveways, and other physical design features needed to serve the proposed development. The gross site area shall also include all land in floodplain, floodway, and dedicated easements or road right-of-way.

Ground Cover: Grasses or other plants grown to keep soil from being blown or washed away.

Group Day Care Home: A use, wherein group care for not less than seven (7) nor more than eighteen (18) children under eighteen (18) years of age for less than twenty-four (24) hours without transfer of legal custody and which is required to be licensed by both City of College Park and the Georgia Department of Human Resources. All group day care homes shall meet the requirements of the adopted International Residential Building Code.

Group Home: Any dwelling unit designed for single-family occupancy and occupied by no more than eight (8) disabled individuals. The term "group home" shall not include the business of operating a boarding house, rooming house, halfway house, homeless shelter, or other similar enterprise, nor shall the term "group home" include any releases of any penal institution or place for persons convicted of a crime, persons found to be juvenile delinquents, or juveniles found to be persons to be in need of supervision. In addition to disabled persons, up to two (2) additional persons acting as house parents or guardians may reside in a group home.

Hair Braiding: Hair weaving, interlocking, twisting, plaiting, wrapping by hand, chemical or mechanical devices, or using any natural or synthetic fiber for extension of the hair.

Half-way house: Any building occupied by a group of not more than eight (8) unrelated individuals, provided that the majority of the residents shall meet at least one (1) of the following criteria:

1.

Is on parole or probation, or has been ordered to reside in such type of facility as a condition of parole or probation; or

2.

Has been convicted of a felony and has completed his or her sentence; or

3.

Has been convicted of a criminal offense and has been ordered to reside in such type of facility as part of the criminal sentencing.

Handbill: Any written or printed notice distributed by hand for the purpose of communication, including but not limited to any pamphlet, booklet or leaflet.

Hardship: A proven difficulty with regard to one's ability to improve land stemming from the application of the development standards of the Zoning Ordinance, which may or may not be subject to relief by means of variance. In and of themselves, self-imposed situations and claims based on a perceived reduction of or restriction on economic gain shall not be considered hardships. Self-imposed situations include, but are not limited to: the purchase of land with actual or constructive knowledge that, for reasons other than physical characteristics of the property, the development standards herein will inhibit the desired improvement; any improvement initiated in violation of the standards of the Zoning Ordinance; any result of land division requiring variance from the development standards of this ordinance in order to render that site buildable.

Height: See "structure height."

Helicopter: Any rotor craft which depends principally for its support and motion in the air upon the lift generated by one (1) or more power-driven rotors rotating on a substantially vertical axis.

Helicopter Port: A facility, either public or private, or an area of land, water, or structural surface which is designed, used or intended to be used for landing and takeoff of helicopters and any appurtenant areas, including buildings and other facilities such as refueling, parking, maintenance and repair facilities. The term "helicopter port" applies to all such facilities, whether the facility is public or private.

Helicopter Stop: A facility, either public or private, having a facility without the logistical support provided at a helicopter port at which helicopters land and take off, including the touchdown area. Helicopter stops may be at ground level or elevated on a structure. The term "helicopter stop" applies to all such minimum facilities, whether the facility is public or private.

Hipped roof: A roof sloping at the ends as well as the sides.

Historic Area: A district or zone designated by a local authority or 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 purposes.

Historic District: See "Historic Area."

Historic Preservation: The protection, rehabilitation, and restoration of districts, sites, buildings, structures, and artifacts significant in history, architecture, archeology, or culture.

Historic Site: A structure or place of outstanding historical and cultural significance and designated as such by the State or Federal Governments.

Home Occupations: Any occupation or activity carried on within the dwelling by a member of a family residing on the premises in connection with which there is no group instruction, assembly or activity, and there are no supplies or equipment visible to the public that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling; there is no commodity sold upon the premises, and no person is employed other than a member of the immediate family residing on the premises. No more than twenty-five (25) percent of the floor may be used for occupation. Home occupation shall include the use of the premises by a physician, surgeon, dentist, lawyer, clergyman, or other professional person for consultation or emergency treatment, but not for the general practice of such person's profession. Home occupation shall also include the use of the premises for gardening and horticulture pursuits.

Homeless shelter: Any building in which meals and/or lodging is provided at nominal or no cost to not more than forty (40) persons who are homeless or indigent.

Hookah Lounge: Establishment where a Hookah (water pipe) is used to smoke shisha, a flavored tobacco or herbal product.

Hoophouse: A structure made of PVC piping or other material covered with translucent plastic, constructed in a "half-round" or "hoop" shape.

Hospital: An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment, or care for three (3) or more unrelated individuals suffering from illness, disease, injury, deformity, or other abnormal physical conditions. The term "hospital" does not apply to institutions operating primarily for treatment of insane persons, drug addicts, alcoholics, and other types of cases necessitating restraint of patients, and the term "hospital" shall not include convalescent, nursing, shelter, or boarding homes.

Hotel: A building in which lodging or board and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public. Compensation is usually assessed on a day-to-day basis.

Impervious Surface: Any material that prevents absorption of storm water into the ground.

Industrial District: Refers to the LI, HI, and TR Zoning Districts.

Industrial Waste: Solid Waste generated by manufacturing or industrial processes or operations as defined in O.C.G.A. § 12-8-22.

Inoperable Vehicle: Any motorized vehicle incapable of immediately being driven.

Institutional Facility for the Developmentally Disabled/Mentally Ill: A residential facility that provides care, supervision and protection and operates under a license issued under the Georgia Department of Human Resources; provides for delivery of mental health services that are appropriate to the needs of the individual; and, complies with the rules adopted by the Georgia Department of Human Resources.

Interested Party: Interested parties shall include, but are not limited to, those persons, groups, property owners or other entities which are considered or consider themselves to be affected by a change in land use or the intended results of an application for a development permit.

Interior Lot: See "Lot, Interior."

Interstate: See "Limited Access Highway."

Junk: An automobile, recreational vehicle, boat, truck, other motor vehicle, large appliances, furniture or like materials which has been damaged to such an extent that it cannot be operated under its own power or used and/or will require major repairs before being made usable.

Junk Yard: A place, usually outdoors, where waste or discarded property, other than organic matter, including but not limited to automobiles and farm implements and trucks, is accumulated and is or may be salvaged for reuse or resale; this shall not include any industrial scrap metal yard. The storage, dealing in or the permitting of the accumulation of significant quantities of combustible, organic or nonmetal scrap materials such as, but not limited to, wood, paper, rags, garbage, tires, bones and shattered glass on the premises of such an establishment will disqualify it from being classified as a scrap metal yard, and the same will be classified as a junk yard.

Jurisdiction: All land within the unincorporated limits of City of College Park, Georgia.

Kennel: A place primarily for keeping four (4) or more adult dogs, or other small animals that are ordinarily bred for sale as pets. This includes temporary care facility for compensation.

Landscape island (or parking island): "Mini-medians" consisting of cutouts in the asphalt within the limits of the center lane of a roadway or in a parking lot. These cutouts will vary in size and can be at grade for water harvesting or raised with curbing.

Landscaping: The improvement of a lot with grass, shrubs, trees, and other vegetation and/or ornamental objects. Landscaping may include pedestrian walks, flower beds, berms, fountains and other similar natural and man-made objects designed and arranged to produce an aesthetically pleasing effect.

Large Maturing Tree: A tree species that shall be a minimum of eight (8) feet in height and have a caliper of at least two (2) inches immediately after planting. These species shall have an average mature crown spread of at least twenty-five (25) feet and a height of thirty-five (35) feet when grown in City of College Park, Georgia.

Legal nonconforming fence or wall: A fence or wall which was legally erected or installed but is no longer in compliance with the provisions of this Article. Such fences or walls must be located outside of any existing right-of-way and wholly upon the parcel to which they are associated.

Legal Nonconforming Use: Any building, structure or land lawfully occupied by a use or lawfully situated at the time of the passage of this ordinance or amendments thereto, which does not conform after the passage of this ordinance or amendments thereto with the regulations of this ordinance.

Limited Lodging: The accessory use of all or part of a dwelling unit by rental for temporary occupancy for dwelling, sleeping, or lodging. Limited lodging includes the arrangement of such rental by the owner through a booking agent.

Loading space: A space within the main building or on the same lot, providing for the standing, loading or unloading of trucks, having a minimum dimension of twelve (12) by thirty-five (35) feet and a vertical clearance of at least fourteen (14) feet; no part of a required front yard can be considered as part of required loading space.

Loan establishment: A business engaged primarily in providing loans to members of the general public. Short-term loan establishments shall include businesses offering title loans, payday loans, signature loans, small loans, and other similar businesses.

Local Street/Road: A road designed primarily to provide access to abutting properties and discourage through traffic.

Lodger: A person who is a renter of all or part a dwelling unit and has mere use without actual or exclusive possession of the dwelling unit.

Lost Tree: A tree subjected to unauthorized damage and/or tree removal despite designation in the development plan as a protected or preserved tree.

Lodging House: See "Boarding House."

Loading Space, Off Street: Space logically and conveniently located for bulk pickups and deliveries, scaled to the size of delivery vehicles expected to be used.

Lot: A contiguous area of land separated from other areas of land by separate description (including a recorded deed, a subdivision plat or record of survey map, or by metes and bounds) for purpose of sale, lease, and transfer of ownership or separate use.

Lot Coverage: The area of a zoning lot occupied by the principal building and any accessory structures.

Lot Depth: The horizontal distance between the front and rear lot lines.

Lot Frontage: All property of a lot fronting on a street right-of-way or common, private drive, as measured between side lot lines.

Lot of Record: A lot which is part of a subdivision, the map of which has been recorded in the office of the clerk of the superior court of Fulton or Clayton counties; or a parcel of land described by metes and bounds, and a description of which has been so recorded in the office of the clerk of the superior court of Fulton or Clayton counties.

Lot Width: The distance as measured between the side lot lines at the front set back line.

Lot, Buildable: Any lot upon which a building or structure is allowed to be constructed and occupied by the regulations of City of College Park. Generally, the lot shall have frontage on and access to an improved street, meet minimal setbacks, and have all necessary utilities available.

Lot, Corner: A lot situated at the intersection of two (2) streets or which fronts a street on two (2) or more sides forming an interior angle of less than one hundred thirty-five (135) degrees.

Lot, Developed or Improved: A lot with buildings or structures.

Lot, Interior: A lot other than a corner lot with only one (1) frontage on a street other than an alley.

Lot, Through: A lot fronting on more than one (1) street, other than an alley, or abutting more than one (1) street which do not intersect at the boundaries of the lot. Also includes lots fronting on both a street and a watercourse or lake.

Louver: A framed opening, as in a wall, door or window that is fitted with fitted or movable horizontal slats that permit air and light while shedding rain.

Luminaire: The complete lighting system including the lamp and light fixture.

Luminaire, Cut Off Angle: The angle, measured up from the nadir, between the vertical axis and the first line of sight at which the bare source is not visible.

Luminaire, Fully Shielded: A luminaire constructed or shielded in such a manner that all light emitted by the luminaire, either directly from the lamp or indirectly from the luminaire, is projected below the horizontal plane through the luminaire's lowest light emitting part as determined by photometric test or certified by the manufacturer.

Maneuvering Space: An open space in a parking area which is immediately adjacent to a parking space; is used for and/or is necessary for turning, backing or driving forward a motor vehicle into such parking space, but is not used for the parking of or storage of motor vehicles.

Mansard roof: A roof that is flat on top, sloping steeply down on all four (4) sides, thus appearing to sheath the entire top story of a house or other building with a roof-like facade.

Market Garden: An area of land managed and maintained by an individual or group of individuals to grow and harvest food crops and/or non-food, ornamental crops, such as flowers, to be sold for profit.

Massing: The overall bulk, size, physical volume, or magnitude of a structure or project.

Mature Tree: An existing hardwood, pine or other valuable tree that is at least four (4) inches in diameter as measured four (4) feet above grade and has attained the capability of flowering and reproducing.

Microbrewery: An establishment in which not more than ten thousand (10,000) barrels of beer or malt beverages are manufactured or brewed on the licensed premises in a calendar year and in which such manufactured or brewed beer or malt beverages may be sold for consumption on the premises and consumption off premises, subject to the limitations prescribed in O.C.G.A. § 3-5-24.1. As used in this definition, the term "barrel" shall be defined as set forth in O.C.G.A. § 3-5-1.

Microdistillery: An establishment in which not more than ten thousand (10,000) barrels of distilled spirits are manufactured on the licensed premises in a calendar year and in which such manufactured distilled spirits may be sold for consumption on the premises and consumption off premises, subject to the limitations prescribed in O.C.G.A. § 3-4-24.2. As used in this definition, the term "barrel" shall be defined as set forth in O.C.G.A. § 3-4-1.

Mini-warehouse: A building or portion thereof used for dead storage, mainly of the excess personal property of an individual or family, but also of small amounts of goods or merchandise for businesses or individuals.

Modular Home: A factory fabricated transportable building consisting of units designed to be incorporated at a building site on a permanent foundation into a permanent structure to be used for residential purposes and which bears a seal of compliance with regulations of either the Southern Building Code Congress International or the Georgia Industrialized Building Act.

Monopole: A single, freestanding pole-type structure supporting one (1) or more telecommunications antenna.

Motel: An establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet space, located on a single zoning lot, and designed for use by transient automobile tourists. A motel furnishes customary services such as maid service and laundering of linen, telephone, secretarial, or desk service, and the use and upkeep of furniture.

Motorized ATV/Off Road Vehicle or Motor Bikes: A motorized vehicle whose primary purpose and design is for usage other than transportation and generally off improved road surfaces. Also may be referred to as not being street legal. Vehicles whose design and use are for use on challenging terrain and/or contests of speed and skill in adverse conditions. Examples but limited to; Dune Buggies, Motor Cross Bikes, Off-road motorcycles, Quad-runners, Three-Wheelers.

Motor Vehicle: Any passenger vehicle, truck, tractor, tractor-trailer, truck-trailer, trailer, or semi-trailer propelled or drawn by mechanical power.

Mulch: A layer of wood chips, pine straw, hay or other material placed on the surface of the soil around plants to retain moisture, prevent weeds from growing, hold soil in place and aid in plant growth.

Mullion: The vertical dividing piece between panes of window.

Muntin: The horizontal strips separating window panes.

Multiple Family: See "Dwelling, Multiple Family."

Municipal Solid Waste: Any solid waste derived from households as defined in O.C.G.A. § 12-8-22.

Natural Disaster: A flood, tornado, hurricane, earthquake, or other occurrence for which the President of the United States has made a federal disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5121-5206. Should the State of Georgia's definition of "Natural Disaster" found in O.C.G.A. § 50-1-9 differ from the definition herein, the definition in O.C.G.A. § 50-1-9 controls.

Natural Area: An area of natural vegetation that is generally undisturbed, un-maintained, and is self-perpetuating. It includes not only trees, but also native shrubs, ground covers, wildflowers, vines, and grasses.

NFPA 1124: National Fire Protection Association Standard 1124, Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles, 2006 Edition.

Nightclub: A Restaurant or Bar that provides music and space for dancing by patrons.

Nonconforming Building: A building, structure, or portion thereof, which was designed, erected, or structurally altered in accordance with the provisions of a current such that it does not conform to the regulations of the zoning district in which it is located.

Nonconforming Lot of Record: A lot that predates the zoning regulations and was created such that it does not conform to the regulations of the zoning district in which it is located.

Nonconforming Use: A use of land, buildings, or structures which does not conform with the use regulations of the zoning district in which it is located.

Noxious Matter or Materials: Matter or materials that are capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being of individuals.

Nursing Home: A use in which domiciliary care is provided to three (3) or more convalescing, chronically or terminally ill non-family members who are provided with food, shelter and care. This use shall not include hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. Convalescent Center, nursing home and personal care home are further distinguished in administrative and conditional use provisions.

Office Park: A development on a tract of land in single ownership that contains a number of separate office buildings, as well as accessory and supporting uses, that is designed, planned, constructed, and managed on an integrated and coordinated basis.

Official Zoning Map: A map of City of College Park, Georgia, that legally denotes the boundaries of zoning districts as they apply to the properties within the planning jurisdiction.

Off-site Improvements: Any premises not located within the area of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision approval, upon which is located improvements required by or related to the property to be subdivided.

Open Sales Lot: Land used or occupied for the purpose of buying or selling merchandise stored or displayed out-of-doors. (Such merchandise includes, but is not limited to, passenger cars, trucks, motor scooters, motorcycles, boats, and monuments).

Open Space: An area of land not covered by buildings, parking structures, or accessory uses except for recreational structures. Open space may include nature areas; streams and floodplains; meadows or open fields containing baseball, football, and soccer fields, golf courses, swimming pools, bicycle paths, etc. Open Space does not include street rights-of-way, platted lot area, private yard, patio areas, or land scheduled for future development.

Outdoor Lighting Fixture: An electrically powered illuminating device or other outdoor lighting fixture including all parts used to distribute the light and/or protect the lamp, permanently installed or portable, used for illumination. Such devices shall include, but are not limited to, search, spot flood and area lighting.

Outdoor Storage: See "Storage, Outdoor."

Out Parcel: A lot which either temporarily cannot be built upon or is not intended for development and is intended only for aesthetics, safety, common use, or the public good. Out parcels are normally owned in common by individuals, adjoining property owners, or homeowners associations.

Overlay District: A zoning district that encompasses one (1) or more underlying zones and that imposes additional requirements above that required by the underlying zoning district.

Over Story Tree: Trees which, at maturity, are generally greater than fifty (50) feet at mature height.

Owner: A titled-owner or a tenant/renter of a property who is in possession and control of the dwelling unit and who lives in the dwelling unit more than fifty-one (51) percent of the calendar year. Any tenant or renter of the property must be authorized by the titled-owner of the property to provide limited lodging.

Parapet: A portion of a vertical wall of a building that extends above the roofline.

Parcel: See "Lot."

Parking area, private: An open area for the parking of privately owned automobiles and not for public use.

Parking area, public: An open area, other than street, used for the temporary parking of more than four (4) automobiles and available for public use, whether free, for compensation or as an accommodation for clients or customers.

Parking Space, Automobile: Space within a public or private parking area for the storage of one (1) passenger automobile or commercial vehicle under a one and one-half (1½) ton capacity.

Particulate Matter: Dust, smoke, or any other form of air-borne pollution in the form of minute separate particles.

Paved: A durable surface for parking, driving, riding or similar activities that utilizes asphalt, concrete, brick, paving blocks or similar material. Crushed gravel, stone, rock, or dirt, sand or grass are not permitted as a paved surface.

Pawnshop: An establishment that engages, in whole or in part, in the business of loaning money on the security of pledges of personal property, or deposits or conditional sales of personal property, or the purchase or sale of personal property.

Peddler/Peddling: The going from door to door, house to house, place to place, street to street, or remaining in one (1) place, in the township carrying or conveying or transporting by person, wagon, motor vehicles or other type of conveyance for the purpose of offering for immediate sale, food products, including but not limited to, meat, fish, vegetables, farm produce or provisions, candy, goods, wares or merchandise of any nature and landscaping materials of all types. It shall also include the assisting of others in "peddling."

Permanent Foundation: A structural system for transposing loads from a structure to the earth at a depth below the established frost line without exceeding the safe bearing capacity of the supporting soil.

Person: A corporation, company, association, society, firm, partnership, organization, unit of government, or any other group that acts as a unit, as well as a natural person.

Personal Care Home: A building or group of buildings, a facility or place in which are provided two (2) or more beds and other facilities and services, including room, meals and personal care for non-family ambulatory adults, as regulated by the State of Georgia Department of Human Resources. The term "personal care home" does not include buildings which are devoted to independent living units which include kitchen facilities in which residents have the option of preparing and serving some or all of their own meals, nor does it include halfway houses, residential treatment facilities, nursing homes, sanitariums, hospital or other institutional facilities, or rooming or boarding facilities which do not provide personal care.

For the purposes of these regulations personal care homes shall be classified as follows:

A.

A family personal care home shall be a personal care home for adults, in a family-type residence, non-institutional in character, which offers care to two (2) through six (6) persons.

B.

A group personal care home shall be a personal care home for adults, in a residence or other type building(s), non-institutional in character, which offers care to seven (7) through fifteen (15) persons.

C.

A congregate personal care home shall be a personal care home for adults which offer care to sixteen (16) or more persons.

Pervious paving: Pervious materials permit water to enter the ground by virtue of their porous nature or by large spaces in the material. Pervious concrete paving is included in this designation.

Petition: See "Application."

Petitioner: A person submitting an application for a development permit or for the rezoning of land.

Physical Activity Center: A commercial or non-profit establishment that has as its sole purpose the improvement of health and physical fitness through special fitness and health equipment, facilities, and related educational programs. This term shall not include hospitals or other professional health care establishments separately licensed as such by the State of Georgia, not any Place of Assembly.

Place of assembly: A structure, portion of a structure, or area (either indoor or outdoor), designed primarily for people to gather to observe or participate in a single event or series of events.

Place of Worship: Buildings and related lands and/or structures used for and generally open to the general public for group religious worship. "Group religious worship" shall mean the practice of praying to, giving thanks to, or otherwise worshiping or studying about a god or gods or other such higher entity or entities, which practice may include instructional, recreational, utility and maintenance activities. Places of Worship shall not include any building or property used solely for administrative activities related to an institution or group practicing group religious worship.

Plan Book: A document submitted by the Applicant to the City Planner for all proposed development of new single family, two-family, townhouse, condominium, and multiple family development. The documents shall include, but are not limited to: Allowable building elevations, design criteria applicable for entries, porches, doors, windows, dormers, columns, cornices, rakes, garages, roofs, landscaping, fencing, retaining walls, exterior colors and materials, and other pertinent information as required by the City Planner.

Planned Center: A single office, commercial, or industrial property or contiguous properties, planned, developed and managed as a unit for occupancy by five (5) or more principal businesses not sharing common space, that are separately owned and have no corporate relationship, such as a shopping center or office complex.

Planned Unit Development (PUD): A large-scale unified development meeting the requirements of the Zoning Ordinance. Generally a planned unit development consists of a parcel or parcels of land, controlled by a single landowner, to be developed as a single entity which does not correspond in size of lots, bulk or type of buildings, density, lot coverage, and required open space to the regulations established in any district of this Zoning Ordinance.

Planting Season: The time period or season during which newly planted trees will have the best opportunity for survival, and consisting of that period from November 1st of any year to March 31st of the following year.

Porch: A roofed-over structure projecting out from the wall or walls of a main structure and commonly open to the weather in part.

Practical Difficulty: A difficulty with regard to one's ability to improve land stemming from regulations of the Zoning Ordinance. A practical difficulty is not a "hardship," rather it is a situation where the owner could comply with the regulations within the Zoning Ordinance, but would like a variance from the Development Standards to improve his site in a practical manner.

Primary Building/Structure: The building or structure in which the primary use of the lot or premises is located or conducted, with respect to residential uses, the primary building or structure shall be the main dwelling.

Primary Residence: The use of a dwelling unit for residential household living purposes of more than fifty-one (51) percent of the calendar year by the owner, tenant/renter, or person in possession and control of the dwelling unit.

Primary Use: The main use of land or buildings as distinguished from an accessory use. A principal use may be either a permitted use or a conditional use.

Private Road: See "Road, Private."

Professional Office: An office used by members of a recognized profession such as architects, artists, dentists, engineers, lawyers, musicians, physicians, surgeons or pharmacists, and Realtors or insurance agents and brokers.

Pruning: The elimination of live and dead branches from a tree's crown to improve tree structure, enhance vigor and maintain safety.

Public Improvements: Any storm drainage facility, street, highway, parkway, sidewalk, pedestrian-way, tree, lawn, off-street parking area, lot improvement, utility, or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established.

Public Tree: Any tree located on property belonging to the city.

Public Sewerage System: A community sewer system including collection and treatment facilities owned and maintained by a local government or an authority.

Public Street/Road: All property dedicated or intended for public highway, freeway, or roadway purpose and subject to public easements therefore.

Public Utility: Any person, firm, or corporation duly authorized to furnish under public regulation to the public, electricity, gas, steam, telephone, fiber optics, transportation, water, or sewerage systems.

Public Water System: A community water supply system including existing and new wells and/or surface water sources and intakes, treatment facilities, and distribution lines and includes such of the above facilities owned and maintained by a local government or an authority.

Public/Private Parking Area: A group of parking spaces in an open area not including any part of a street or alley, designed or used for temporary parking of motor vehicles.

Rear Lot line: The lot line that is opposite the front lot line and farthest from it, except that for a triangular or other irregularly-shaped lot, the line ten (10) feet long, parallel to the front lot line, and wholly within the lot, that is farthest from the lot line.

Rear Yard: The horizontal space between the nearest foundation of a building to a rear lot line and that rear lot line, extending to the side lines of the lot, and measured as the shortest distance from the foundation to the rear lot line. The rear yard of a corner lot shall be that yard at the opposite end of the lot from the front yard.

Recharge Area: Any portion of the earth's surface where water infiltrates into the ground to replenish an aquifer.

Recreational Vehicle: A vehicle which is built on a single chassis; four hundred (400) square feet or less when measured at the largest horizontal projections; designed to be self-propelled by a light duty truck; and designed primarily not for use as a permanent dwelling, but as quarters for recreational camping, travel, or seasonal use. A vehicle that is a temporary dwelling for travel, recreation and vacation use including but not limited to:

Recycling Center: A lot of parcel of land, with or without buildings, upon which used house hold goods materials are separated and processed for shipment for eventual reuse in new products.

Registered Land Surveyor: A land surveyor properly licensed and registered through reciprocity permitted to practice in the State of Georgia.

Registered Professional Engineer: An engineer properly licensed and registered through reciprocity permitted to practice in the State of Georgia.

Regulatory Flood: The flood having a one (1) percent probability of being equaled or exceeded in any given year, as calculated by a method and procedure which is acceptable to and approved by the Georgia Department of Natural Resources and the Federal Emergency Management Agency. The "Regulatory Flood" is also known by the term "Base Flood."

Regulatory Floodway: The channel of a river or stream and those portions of the floodplains adjoining the channel which are reasonably required to efficiently carry and discharge peak flow of the regulatory flood of any river or stream and, is that area covered by floodwaters in significant downstream motion or covered by significant volumes of stored water during the occurrence of the regulatory flood.

Replacement Tree: A new tree planted on a site to meet minimum site density factor requirements, regardless of whether trees existed prior to any development.

Recessed Lighting Fixture: An outdoor lighting fixture recessed into a canopy ceiling so that the bottom of the fixture is flush with the ceiling.

Residential District: Refers to the AG, R1, R2, R3, and RM zoning districts.

Restaurant: An establishment where food and beverages are prepared for, served to, and consumed by the general public, primarily within the principal building. A restaurant must comply with the food service and gross receipt requirements of the Chapter 3, Alcoholic Beverages, definition. Does not include establishments that offer ordering and pick up of food from an automobile or any establishment requiring payment of a cover charge for admission.

Restaurant, Drive-In: An establishment where food and/or beverages are sold in a form ready for consumption, where all or significant portion of the consumption takes place or is designed to take place outside the confines of the restaurant, and where ordering and pick up of food may take place from an automobile.

Restaurant, Full Service: A Restaurant where food and drink is ordered at tables and booths by a waiter from a menu and consumed on premises.

Retail Uses (Large Scale): A retail establishment, more than fifteen thousand (15,000) square feet in floor area, in which either single type of goods or a variety of goods is made available to a large number of consumers in a big shop under a single roof. Said definition shall include, but not be limited to, supermarkets and department stores.

Right-of-Way: A strip of land acquired by reservation, dedication, prescription, or condemnation, and intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, and other similar uses.

Right-of-Way Width: The distance between property lines measured at right angles of the centerline of the street.

Road/Street: Any vehicular route that: is an existing state, City, or municipal roadway; or is shown upon a plat approved pursuant to law; or is shown on a plat duly filed and recorded in the office of the city recording officer prior to the appointment of a planning board and the grant to such board to review plats; and includes the land between the street lines, whether improved or unimproved.

Roadside Stand: A structure for the display and sale of agricultural products, with no space for customers within the structure itself.

Rowhouse: A multi-family dwelling consisting of three (3) or more attached dwelling units of similar or identical design, separated from others in a row by a vertical unpierced fire wall extending from the basement to the roof.

Sash: A frame in which the panes of a window or door are set.

Scrap Metal Yard: A general industrial use established independent or ancillary to and connected with another general industrial use, which is concerned exclusively in new and salvaged metal pipes, wire, beams, angles, rods, machinery, parts, filings, clippings, and all other metal items of every type, and which acquires such items incidental to its connection with the other general industrial use or by purchase, consignment or bailment which stores, grades, processes, melts, cuts, dismantles, compresses, cleans, or in any way prepares said items for reuse by the connected other general industrial use or for storage, sale or shipment and use in other industries or businesses including open hearth, electric furnaces and foundry operations; such an establishment shall not include junk yards, dumps, or automobile graveyards.

Service station: Any building, structure, or land used for the dispensing, sale or offering for sale at retail of any automotive fuels, oils or accessories and in connection with which is performed general automotive servicing such as dispensing gas, changing oil, lubrication, checking tire pressure, fixing flats, replacing points and plugs, and adjusting or regulating parts, as distinguished from repairs such as repairing or replacing mechanical parts, or major engine or transmission overhaul, major body work, and a major automobile painting.

Setback: The minimum horizontal distance between the wall of the building or foundation and a lot line or right-of-way.

Shared parking: Parking spaces assigned to more than one (1) use where persons utilizing the spaces are unlikely to need the spaces at the same time of day.

Shed awning: A flat awning projecting diagonally from the wall surface over a window or door opening; a traditional design.

Sidelight: A window (actually, usually a series of small fixed panes arranged vertically) found on either side of the main entry door of many Federal, Greek Revival and other late-18th- to mid-19th-century houses.

Shrub: A woody plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground.

Special Flood Hazard Area: Those lands within the jurisdiction of City of College Park that is subject to inundation by the regulatory flood. The SFHA's of the city are generally identified as such on the Flood Insurance Rate Map of the city prepared by the Federal Emergency Management Agency.

Shoulder: The portion of a street or road from the outer edge of the paved surface or back of curb to the right-of-way limit.

Shopping Center: A group of commercial establishments having a building composition that is an architectural unit and is not a miscellaneous assemblage of stores; planned, developed, analyzed as a unit, related in location, size and type of shops to the trade area that the unit serves, and providing on-site parking in definite relationship to the types and sizes of stores.

Side Lot line: A lot boundary line other than a front or rear lot line.

Side Yard: The horizontal space between the nearest foundation of a building to the side lot line and that side lot line. unoccupied other than by architectural appurtenances projecting not more than twenty-four (24) inches into that space; steps or terraces not higher than the level of the first floor of the building; and open lattice-enclosed fire escapes, fireproof outside stairways and balconies projecting not over twenty four (24) inches into that space.

Site Development Plan: A plan and supporting documentation which describes a particular site which is to be disturbed or developed. This plan should indicate all structures, hard surface features, utilities, landscaping areas, tree preservation zones and tree replacement areas.

Small Box Discount Store: A retail establishment with a floor area of fifteen thousand (15,000) square feet or less that offers for sale a combination and variety of convenience shopping goods and consumer shopping goods, and continuously offers a majority of the items in their inventory for sale at a price per item of five dollars ($5.00) or less, but does not:

• Dedicate at least fifteen (15) percent of floor area to fresh foods and vegetables, or

• Contain a prescription pharmacy.

Small Maturing Tree: A tree species that shall be a minimum of five (5) feet in height and have a caliper of at least one and one-half (1½) inches immediately after planting. These species shall have an average mature crown spread of at least fifteen (15) feet and a height of twenty-five (25) feet when grown.

Solid Waste: Any garbage or refuse as defined in O.C.G.A. § 12-8-22.

Solid Waste Handling: The storage, collection, transportation, treatment, utilization, processing, or disposal of solid waste, or any combination of such activities as defined in O.C.G.A. § 12-8-22.

Sound Level Meter: An instrument standardized by the American Standards Association for measurement of the intensity of sound.

Specimen Tree: Any tree determined to be of notable historic interest, high aesthetic value or of unique character because of species, type, age, size, location or health. See Article 9, Tree Protection.

Stable, Private: A building or structure which is located on a lot on which a dwelling is located, and which is designed, arranged, used, or intended to be used for housing saddle horses, ponies, mules, or other draught animals primarily for the use of occupants of the dwelling, but in no event for hire. Horses shall be subject to the animal unit/acreage restrictions for the available pasture space, as defined within the Agricultural zoning district.

Stable, Public: A stable other than a private stable which is used to house horses, ponies, mules or other draught animals on a pay-for-services, for-profit basis.

Stabilization: The process of establishing an enduring cover of vegetation by the installation of temporary or permanent structures for the purpose of reducing to a minimum the erosion process and the resultant transport of sediment by wind, water, ice or gravity.

Storage, Outdoor: The outdoor accumulation of goods, junk, cars, busses, tractor trailers, railroad cars, equipment, products, or similar materials for permanent or temporary holding.

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. Any portion of a story exceeding fourteen (14) feet in height shall be considered as an additional story for each fourteen (14) feet or fraction thereof. A basement having more than one-half (½) the clear floor-to-ceiling height above grade shall be considered a "story."

Story, Half: A space under a sloping roof which has the line of intersection of roof decking and wall, not more than three (3) feet above the top level of the story below. In such space, not more than sixty (60) percent of the floor area is completed for a principal or accessory use.

Street: See "Road/Street."

Street Grade: The grade of the centerline of a street measured at any point along the street expressed as a percent.

Street Tree: Any existing tree or any tree to be planted on the street right-of-way.

Structural Alteration: A change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as the addition, removal, or alteration of bearing walls, columns, beams, girders, or foundations. Also, substantial roofing and siding work when repairs are made to the structure beneath.

Structure: Anything constructed or erected with a fixed location on or in the ground, or attached to something having a fixed location on the ground. Structures include, but are not limited to the following: Site built buildings, industrialized buildings, modular homes, manufactured homes, mobile homes, swimming pools, satellite dishes, fallout shelters, telecommunication towers and facilities, and satellite communication facilities.

Structure Height: The vertical distance from the average elevation of the building to the highest point of the coping of a flat roof or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.

Subdivision: The division of a lot, tract or parcel of land into two (2) or more lots, parcels, sites or other divisions of land for the purpose, whether immediate or future, of transfer of ownership or for building development. It includes resubdivision and relates to the process of resubdividing or to the land or territory subdivided.

Support Structure: A structure designed and constructed specifically to support an antenna array. This includes, but is not limited to, a monopole, self-supporting tower, and guy wire-support tower. A support structure does not include any device that is used to attach a wireless communication facility to a building or structure.

Swimming Pool: A structure having a self-contained body of water at least eighteen (18) inches deep and eight (8) feet in diameter or width and used for recreational purposes. It may be above or below ground level, and shall be considered an accessory structure/use.

Teen Club: Any club, business or establishment providing an on-going place of entertainment, to include but not limited to, night clubs, discotheques or such similar establishments, either with or without payment for persons between the ages of 13 and 18 on a full-time or occasional basis. A teen club does not include uses operated by public agencies or private non-profit or charitable organizations, such as religious youth centers, the boys' and girls' club, or youth community centers provided for recreation or congregation.

Temporary Occupancy: The accommodation of lodgers conducted in a dwelling unit, the primary use of which is for household living, and where the total accommodations of lodgers provided is for fewer than ninety-one (91) days per calendar year but where the provision of lodging to any particular lodger is for no more than thirty (30) consecutive days.

Temporary Use/Structure: A land use or structure established for a limited and fixed period of time with the intent to discontinue such use or structure upon the expiration of the time period.

Tenant: A natural person, business or other entity that occupies land or buildings by ownership, under a lease, or through payment of rent; an occupant, inhabitant, or dweller of a place.

Theater: A facility for audio and visual productions and performing arts, excluding adult motion picture theaters and adult entertainment businesses.

Timber Harvesting: A timber management activity as part of a demonstrated ongoing agricultural land use.

Tire/Rim Shop: A retail store that is primarily engaged in the business of selling and installing tires and/or tire related merchandise, including rims, or a retail store in which more than fifty (50) percent of its sales are from selling and/or installing tires.

Title Loan Outlet: An establishment providing loans to individuals in exchange for receiving title to the borrowers' motor vehicles as collateral.

Topping: The severe cutting back of branches to a stub, bud, or a lateral branch not large enough to assume the terminal role.

Townhouse: A multi-family dwelling consisting of three (3) or more attached dwelling units, separated from others by a fire rated wall extending from the basement to the roof, each of which has primary ground floor access to the outside.

Tractor Trailer Drop Lot: Property used solely for the temporary placement of tractor trailers where no structure is located on the premises.

Tractor Trailer Storage: Property used for the long term controlled storage of tractor trailers which include permanent office or security facilities.

Trailer: Trailers designed for human dwellings can be divided into RV or mobile homes. To be classified as a RV trailer it must be less than four hundred (400) square feet and a trailer of four hundred (400) square feet or more is classified as a mobile - single wide. Trailers used for construction or sales offices should not be considered the same as RV or as mobile homes. Also transport trailers used for storage or are abandoned present a different set of issues.

Transom window: A window above a window or door. Transoms can be either stationary or operating.

Tree: Any living, self-supporting woody or fibrous plant which normally obtains a diameter breast height of at least three (3) inches, and typically has one (1) main stem or trunk and many branches.

Tree Bank: A site such as a school or public park, where the owner/developer shall donate and plant the required trees when it is not feasible to plant the required trees within their site's project area.

Tree Bank Fund: A fund created to receive and hold monies paid by tree removal permit holder(s) in lieu of relocating or replacing trees when it is not feasible or desirable to do so on or off-site.

Tree Density Standard (TDS): The minimum number of Tree Density Units per acre which must be achieved on a property.

Tree Density Unit (TDU): A credit assigned to a tree, based on the basal diameter of the tree, in accordance with tables contained in Appendix D.

Tree Planting List: The recommended species of trees listed in Appendix A.

Tree Planting Standards and Specifications: The design standards and specifications adopted for the planting or maintenance of trees.

Tree Pod: A low impact design bio-retention system that removes ultra-fine and dissolved pollutants found in storm water runoff.

Tree Protection or Planting Plan: A plan that identifies tree protection areas where existing trees are to be protected and preserved, and replacement trees planted on a property to meet minimum requirements, as well as methods of tree protection to be undertaken on the site and other pertinent information.

Tree Protection Area (TPA): Any portion of a site wherein are located existing trees which are proposed to be preserved in order to comply with applicable requirements of these land development regulations, and shall include nothing less than the total area of the CRZ of the tree or group of trees collectively.

Tree Preservation Area: The total critical root zone surrounding a preserved or planted tree or trees that is essential to that tree's health and survival, and is protected within the guidelines of this Article.

Tree Removal: Any act which causes a tree to die within two (2) years after commission of the act, including but not limited to damage inflicted upon the root system in the critical root zone or trunk as the result of:

1.

The improper use of machinery on the trees;

2.

The storage of materials in or around the trees;

3.

Soil compaction;

4.

Altering the natural grade to expose the roots or to cover the tree's root system with more than four (4) inches of soil;

5.

Causing the infection or infestation of the tree by pests, fungus or harmful bacteria;

6.

Pruning judged to be excessive by the administrator or not in accordance with the standard set forth by the International Society of Arboriculture (ISA);

7.

Removal of more than twenty (20) percent of the critical root zone;

8.

Paving with concrete, asphalt or other impervious surface within such proximity as to be harmful to the tree or its root system; and

9.

The application of herbicides or defoliants to any tree without first obtaining a permit.

Tree Replacement Area: The area designated for a tree or trees to be planted in order to meet tree density requirements.

Tree Save Area: All areas designated for the purpose of meeting tree density requirements, saving natural trees, and/or preserving natural buffers.

Tree Thinning: The selective cutting or thinning of trees only for the clear purpose of good forestry management in order to protect said forest from disease or infestation and in no way shall be construed as including clear cutting.

Truck Sales: The sale of vehicles primarily designed to carry cargo and material.

Truck Stop: Any building, premises, or land in which or upon which a business, service, or industry involving the maintenance, servicing, storage, or repair of commercial vehicles is conducted or rendered, including the dispensing of motor fuel or other petroleum products directly into motor vehicles and the sale of accessories or equipment for trucks and similar commercial vehicles. A truck stop also may include overnight accommodations and restaurant facilities primarily for the use of truck crews.

Truck Terminals: Land and buildings used as a relay station for the transfer of a load from one (1) vehicle to another or one (1) party to another. The terminal facility may include storage areas for trucks and areas for the repair of trucks associated with the terminal.

Trucking Facility: Property used for reoccurring trucking operations, including storage of trucks and trailers. A trucking facility may include offices, dispatch facilities, areas for refueling and routine maintenance of company owned trucks and vehicles. No warehousing or cross dock facilities are located on the premises.

Undisturbed Vegetation: The natural vegetation in a generally untouched, maintenance free, self-perpetuating stand comprised of indigenous trees, shrubs, herbs, flowers or grasses.

Understory Tree: Trees which, at maturity, comprise the sub-canopy of a natural forest. These are generally twenty (20) to forty (40) feet at mature height.

Unmanned Aircraft System: Also known as a "drone," means an aircraft without a human pilot on board, controlled by an operator on the ground via remote control or other programming.

Unmanned Aircraft System Dispatch and Delivery Center: A property and/or building thereon that serves as a base for drones to initiate delivery of commercial products or services to retail or wholesale customers which may, but does not have to, contain storage capacity for said commercial products or service tools and/or the control center for dispatch and flight regulation of said drones, and which has been approved for drone usage by FAA registration and waiver.

Use: The purposes of which land, building, or structure thereon is designed, arranged, or intended, or for which it is occupied, maintained, let, or leased.

Use, Principal: The main use of land or buildings as distinguished from a subordinate or accessory use. (May be either "permitted" or "conditional".)

Use, Permitted: A use which may be lawfully established in a "particular district or districts, provided it conforms to all requirements, regulations, and performance standards, if any, of such district.

Vacation Rental: Any unit or group of units in a condominium or cooperative or any individually or collectively owned single-family, two-family, three-family, or four-family house or dwelling unit that is rented to transient occupants more than three (3) times in a calendar year for periods of less than thirty (30) days or one (1) calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to transient occupants.

Vape Shop: A retail store specializing in the selling of vaping products, including but not limited to, electronic cigarettes products and e-liquid products.

Variance: A specific approval granted by a Board of Zoning Appeals in the manner prescribed by the Zoning Ordinance, to deviate from the development standards that the Ordinance otherwise prescribes.

Vegetative screen: Plantings that may be used to screen different uses from one another. Tall shrubs/hedges or fences covered in vines may be used.

Vehicle: A device used as a mode of transportation of persons and/or goods including but not limited to automobiles, semi-tractor trailers, all types of trailers, snowmobiles, recreational vehicles, motorcycles and like devices.

Vehicle, Inoperable: A vehicle which due to mechanical defect or failure or incorrect or unapparent licensing is not physically or legally able to be operated.

Vehicle parking facilities: Surface parking lots or parking decks dedicated for the parking of vehicles either as a primary use of a parcel of property or as a secondary use of property unrelated to the property's primary use.

Warehousing and Distribution Centers: Land and building facilities engaged in storage, wholesale and distribution of manufactured products, supplies and equipment.

Wetland: An area that is inundated or saturated by surface or ground water at a frequency and duration that under normal circumstances supports a prevalence of hydrophilic vegetation.

Wholesale Establishment: A business establishment engaged in selling to retailers or jobbers rather than consumers.

Yard: An open space on the same lot with a building or structure, unoccupied and unobstructed from the general ground level to the sky, except as otherwise permitted. (A "yard" extends along a lot line, and to a depth or width specified in the yard requirements for the zoning district in which such lot is located.)

Yard, Front: A yard extending along the full length of the front lot line between the side lot lines.

Yard, Rear: A yard extending along the full length of the rear lot line between the side lot lines.

Yard, Side: A yard extending along a side lot line from the front yard to the rear yard.

Yard, Corner Side: A side yard which adjoins a public street, road, or highway.

Yard, Interior Side: A side yard which is located immediately adjacent to another lot or to an alley separating such side yard from another lot.

Yard, Transitional: A yard which must be provided on a lot in a Business District which adjoins a lot in a Residential District, or a yard which must be provided on a lot in a Manufacturing District which adjoins a lot in either a Residential or Business District.

Zero Lot Line: The location of a building on a lot in such a manner that one (1) or more of the building's sides rest directly on a lot line.

Zoning District: See "District."

Zoning Map: See "Official Zoning Map."

Zoning Ordinances: An ordinance or resolution of a local government 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," O.C.G.A. § 36-66-3.

(Ord. No. 2019-15, § 1, 9-3-19; Ord. No. 2021-02, §§ 1, 2, 3-15-21; Ord. No. 2022-03, § 1, 1-4-22; Ord. No. 2022-05, § 1, 1-18-22; Ord. No. 2024-13, § 1, 9-16-24)

No structure shall be located, erected, constructed, reconstructed, moved, altered, converted, or enlarged; nor shall any structure or land be used or existing use be expanded, except in full compliance with all provisions of this ordinance and after the lawful issuance of all permits and certificates required by this ordinance.

If any provision of this ordinance or the application of any provision to particular circumstances is held unconstitutional or invalid by the courts, the remainder of the Ordinance or the application of such provision to other circumstances shall not be affected.

The provisions of this ordinance shall be held to be the minimum requirements for the protections of the health, safety, and general welfare of the people at large, and are designed to encourage the establishment and maintenance of reasonable community standards for the physical environment. If two (2) or more provisions within this ordinance are in conflict or are inconsistent with one another, then the provision which is most restrictive shall control.

When this ordinance along with private covenants, private contracts, commitments, permits, agreements, state laws, federal laws or other regulations regulates a structure or parcel of land, the greater restriction shall control. In no instance shall this ordinance be interpreted as altering or negating any other applicable regulations.

This ordinance shall not be construed as eliminating or reducing any action now pending under, or by virtue of, an existing law or previous Zoning Ordinance. Also, this ordinance shall not be construed as discontinuing, reducing, modifying or altering any penalty accruing or about to accrue.

The City of College Park Zoning Ordinance dated June 4, 2018, and its associated Zoning Map and any revisions are hereby repealed. In the event, all of this ordinance is struck down as void, unconstitutional or invalid, including therefore this provision, that prior ordinances shall be considered to not have been repealed, and shall therefore still be in effect.

A.

Any application for a Building Permit that has been filed with the City of College Park and is full and complete, prior to the effective date of this ordinance, shall be regulated by the terms and conditions of the Zoning Ordinance that was in place at the time of filing. However, all administrative procedures and penalties shall follow those set forth by this Zoning Ordinance.

B.

Any application for a Zoning Map Amendment that was filed with the City of College Park, and is full and complete prior to the effective date of this ordinance, shall continue through the process to completion pursuant to the terms and conditions of the Zoning Ordinance that was in place at the time of filing. However, if the proposed use would no longer be permitted in the proposed zoning district or the proposed zoning district no longer exists in this ordinance, the City Planner shall amend the application such that the request for rezoning would accomplish the same end goal for the applicant.

C.

Any application before the Mayor and City Council, Planning and Zoning Commission, or Board of Zoning Appeals (i.e. conditional use, development standards variance, land use amendment) that has been filed with the City Planner or its designees and is full and complete, prior to the effective date of this ordinance, shall continue the process pursuant to the terms and conditions of the Zoning Ordinance that was in place at the time of filing, provided that:

1.

If such application is no longer required by the terms of this ordinance, the application will be dismissed; or

2.

If the proposed use or development requires additional approvals from the Mayor and City Council, Planning Commission, or Board of Zoning Appeals pursuant to the terms of this ordinance that were not required under the previous Ordinance, the application will be amended to include only those additional approvals that are now required and within the jurisdiction of the Mayor and City Council.

D.

Permits.

1.

All Building Permits issued prior to the effective date of this ordinance shall be void one (1) year after their date of issue if construction has not begun.

2.

Building Permits issued prior to the effective date of this ordinance for which construction has begun shall become void if construction is abandoned for a period of six (6) consecutive months or if, in the opinion of the City Planner and/or Building Inspector, construction has otherwise ceased.

3.

All approvals which expire and/or become void shall comply with all applicable provisions of this ordinance if re-issued.

A.

In accordance with O.C.G.A. § 36-66-1 et seq., the Zoning Procedures Law of the State of Georgia, the Mayor and City Council may amend or partially repeal the text of this ordinance or they may amend the Official Zoning Map of this ordinance as follows:

1.

The Mayor and City Council or the Planning Commission may initiate a proposal to amend or partially repeal the text according to the procedure of the Zoning Procedures Law of the State of Georgia and according to the Mayor and City Council Rules and Procedures.

2.

The Mayor and City Council, Planning Commission, or at least fifty (50) percent of the affected property owners may initiate an application to change the Official Zoning Map according to the procedure of the State of Georgia and according to the Mayor and City Council Rules and Procedures.

B.

In its review of the text and zoning map amendments, the Planning Commission and Mayor and City Council shall pay reasonable regard to:

1.

The most recently adopted Comprehensive Plan;

2.

Current conditions and the character of structure and uses in each district;

3.

The most desirable use for which the land in each district is adapted;

4.

The conservation of property values throughout the jurisdiction;

5.

Responsible development and growth; and

6.

The public health safety and welfare.

Should any section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid. It is the intent that any provision declared unconstitutional shall be severed from the Ordinance, and that the remainder of the Ordinance remain in effect.