For the purposes of this ordinance, certain words and tenses used herein shall be interpreted or defined as follows:

Words used in the present tense include the future tense.

The singular number includes the plural and the plural, the singular.

The word "person" includes a corporation, partnership, association, as well as an individual.

The term "shall" is always mandatory and not merely directory.

The term "governing body" shall mean the Colquitt County Board of Commissioners.

Terms not herein defined shall have the meanings customarily assigned to them.

Accessory building: A subordinate building or structure on the same lot, or part of the main building, occupied by or devoted exclusively to an accessory use.

Accessory use: A use naturally and normally incidental to, subordinate to, and auxiliary to the permitted use of the premises.

Alley: Any dedicated public way providing a secondary means of ingress to or egress from land or structures thereon.

Alteration: Any change, addition or modification in construction or type of occupancy; any change in the structural members of a building such as walls, partitions, columns, beams, girders or any change which may be referred to herein as "altered" or "reconstructed."

Apartment: A room or suite of rooms used as a dwelling for one family which does its cooking therein.

Apartment house: A residential structure containing three or more apartments.

Automobile graveyard: Any establishment which is maintained or used for storing, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.

Basement: A portion of a building partly below grade and having less than five feet above the finished level of the building.

Bed and breakfast inn: Transient accommodation with rooms or suites available to guests in an owner-occupied principal residential unit.

Billboard: Any construction or portion thereof upon which a sign or advertisement is placed, painted, or otherwise designated for the purpose of making anything known to the general public, but not including bulletin boards used to display official court or public office notices.

Block: The property abutting one side of a street/road and lying between the two nearest intersecting streets/roads, or between the nearest such street/road and railroad right-of-way, un-subdivided acreage, river or live stream, between any of the forgoing and any other barriers to the continuity of development.

Boardinghouse: A dwelling where meals or lodging and meals are provided for compensation by prearrangement for definite periods. A boardinghouse is to be distinguished from a hotel, motel or nursing home.

Buildable area: The buildable area of a lot is the space remaining after the minimum open space requirements of this ordinance have been complied with.

Building: Any structure attached to the ground having a roof, supported by columns or by walls and intended for the shelter, housing or enclosure of any person, animal or chattel.

Building height: The vertical distance measured from the curb level to the highest point of the roof surface if a flat roof; to the deck line of mansard roofs; and to the mean height level between ease and ridge of gable, hip, and gambrel roofs.

Building official: The Building Official of Colquitt County or his authorized representative.

Building line: A line established, in general, parallel to the front street/road line between which line and the front street/road line no part of a building shall project, except as otherwise provided by this ordinance.

Building, principal: A building in which is conducted the principal use of the lot on which it is located.

Building, separate: Any portion of any structure completely separated from every other portion by masonry or a fire wall without any windows, which wall extends from the ground to the roof.

Clerk: The Clerk of Colquitt County.

Club: An organization of persons for special purpose or for the promulgation of sports, arts, sciences, literature, politics or the like, but not for profit.

Commission: The word "commission" shall mean the Moultrie-Colquitt County Planning Commission.

Condominium: A multiple-family dwelling in which each resident known as a condominium owner, enjoys exclusive ownership of his individual apartment or dwelling unit by holding fee simple title thereto, while retaining an undivided interest, as a tenant in common, in the common facility in areas of the building, or buildings, and grounds in combination, which are used by all the residents. The relationship among owners of condominium units is defined by a "condominium document."

Convalescent home: A home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, wherein two or more persons are cared for. Said home shall conform and qualify for license under state laws.

Court: An open, unoccupied, unobstructed space, other than a yard, on the same lot as a building.

Day care facility: A day care facility is any individual or jointly owned facility designated to offer care and/or training to children unrelated to the owner or director for any part of a day or some kind of a regular basis. Such facility may or may not be operated for profit. Day care is not a babysitting service to be used for the convenience of the parts at irregular intervals (drop-ins).

The purpose of day care is to assist the parent in fulfilling his responsibilities to provide care and guidance for young children considering the whole child, his physical, social and mental development and help him reach his maximum capacity for development and growth.

Types of day care facilities: The services offered and ages of children accepted by a day care facility determine the classification of the facility. The name of the facility should be descriptive of its purpose:

a.

A group care center (day nursery, day care center) is defined as a facility for six or more children, regardless of age, whose primary purpose is the care of the children for part of a day, while his parent or parents are absent from home.

b.

A nursery school is defined as a school for two- three- and four-year old children which operates for periods not to exceed state regulations and whose primary purpose is education and guidance for healthy emotional and social development of the children.

c.

A kindergarten is defined as a school for four- or five-year old children which operates for periods not to exceed state regulations and whose primary purpose is education and guidance for healthy emotional and social development of the children.

d.

A foster family day care is defined as a service in a private home, offering care in a family setting to a maximum of five children, including the foster family's own children during a part of the day while the natural parents are absent from their home. Because of the special needs of the very young child, there shall be no more than two children under the age of two years in a foster family day care home.

Density: The number of families residing on, or dwelling units developed on an acre of land. As used in this ordinance, all densities are stated in families per net acre, that is, per acre of land devoted to residential use, exclusive of land in streets/roads, alleys, parks, playgrounds, school yards, or other public lands and open spaces.

District: A portion of Colquitt County within which, on a uniform basis, certain use of land and buildings are permitted and within which certain yards, open spaces, lot areas and other requirements are established.

Domestic pets: The term domestic pets shall include dogs, cats, horses, etc.

Drive-in establishment: A business establishment other than a drive-in restaurant so developed that is retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle, and may include drive-in banks and drive-in cleaners.

Drive-in restaurant: A drive-in restaurant or other drive-in establishment serving food and/or drink so developed that its retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle.

Dwelling, multiple: A building or portion thereof used or designed as a residence for three or more families living independently of each other and doing their own cooking in said building. This definition includes three-family houses, four-family houses, and apartment houses, but does not include hotels, trailer camps or mobile home parks.

Dwelling, single-family: A building or portion thereof used or designed for use as a residence for a single family.

Dwelling, two-family: A building designed for two dwelling units.

Efficiency unit: An efficiency unit is a dwelling unit consisting of one room, exclusive of bathroom, kitchen, hallway, closets, or dining alcove directly off the principal room, providing not less than 350 square feet of floor area.

Erected: The word "erected" includes built, constructed, reconstructed, moved upon, or any physical operations on the premises required for the building. Excavations, fill, drainage and the like, shall be considered part of erection.

Essential services: The erection, construction, alteration, or maintenance by public utilities, municipal departments or commissions, of underground, surface or overhead gas, communication, electrical, steam, fuel or water transmission or distribution systems, sewers, pipes, conduits, cable, fire alarm and police call boxes, traffic signals, hydrants and similar accessories in connection therewith, but not including buildings, which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general public health, safety, convenience or welfare.

Establishment: Establishment means an established fixed or mobile unit, such as a pet shop, pasture, barn, kennel, cattery, warehouse, building, vehicle, residence or parts thereof to carry out a business or to conduct any activity for which a license is required.

Family: A group of individuals related by blood, marriage, adoption, guardianship, or consensual living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability.

Family farm division: A provisional exemption from conventional subdivision development standards.

Farm: A platted or unplatted parcel of land more than ten acres in area which is used for growing crops, raising livestock or other agricultural purposes.

Filling: Shall mean the depositing or dumping of any matter on or into the ground, except deposits resulting from common household gardening.

Filling station: A building or structure designed or used for the retail sale or supply of fuels, lubricants, air water, and other operating commodities for motor vehicles, aircraft or boats, and including the customary space and facilities for the installation of such commodities on or in such vehicles, and including space for facilities for the temporary storage of vehicles not over 48 hours, minor repair, or servicing, but not including bumping, painting, refinishing, steam cleaning, rust-proofing, or high speed washing thereof.

Floor area ratio (FAR): The ratio between the maximum allowable amount of floor space on all floors in a building and the total area of the lot on which the building is located. Example: A FAR of 2.0 would allow floor space of twice the lot area, or a four-story building covering one-half of the lot. A FAR of 0.5 would allow floor space on one-half the lot area, or a two-story building covering one-quarter of the lot.

Floor area, usable: Any floor area within outside walls of a building exclusive of area in cellars, basements, utility area, unfinished attics, garages, open porches, and accessory buildings.

Foster child: A child unrelated to a family by blood or adoption with whom he or she lives for the purposes of care and/or education.

Garage, private: An accessory building designed or used for the storage of motor driven vehicles owned and used by the occupants of the building to which it is accessory.

Garage, public: Any premises used for the storage or care of motor driven vehicles, or place where any such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.

Governing body: The term "governing body" shall mean the Colquitt County Commissioners.

Guesthouse: A building or portion thereof used or designed for use as a residence specifically as an accessory use to the principal building.

Home occupation: Any use customarily conducted entirely within the dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. Provided further, that no article or service is sold or offered for sale on the premises, except such as is produced by such occupation; that such occupation shall not require internal or external alterations or construction features, equipment, machinery, outdoor storage, or signs not customary in residential areas. One non-illuminated name plate, which is not more than two square feet in area, may be attached to the building which shall contain only the name and occupation of the resident of the premises. Clinics, hospitals, barbershops, beauty parlors, and child center day nurseries, among others, shall not be deemed to be home occupations.

Hospital: An institution providing health services, primarily for in-patients and medical or surgical care of the sick or injured, including as an integral part of the institution, such related facilities as laboratories, out-patient departments, training facilities, central service facilities and staff offices.

Hotel: A building occupied or used as a more or less temporary abiding place of individuals or groups of individuals with or without meals, and in which there are more than five sleeping rooms, and in which no provision is made for cooking in any individual room.

Junk: For the purpose of this ordinance, the term "junk" shall mean any motor vehicles, machinery, appliances, product of merchandise with parts missing or scrap metals or other scrap materials that are damaged, deteriorated, or are in a condition which prevents their use for the purpose for which the product was manufactured. This definition specifically includes motor vehicles not movable under their own power.

Junkyard: The term "junkyard" includes automobile wrecking yards and includes any area for storage, keeping or abandonment of junk including scrap metals or other scrap materials, or for the dismantling, demolition or abandonment of automobiles or other vehicles or machines or parts thereof, and the term shall include garbage dumps, sanitary fills, and scrap processor establishments, but does not include uses established entirely within enclosed buildings.

Kennel: Kennel means any establishment, other than an animal shelter, where dogs or cats are maintained for boarding, holding, training, or similar purposes for a fee or compensation. Similar purposes include, but are not limited to, activities of a breeding establishment, cattery, or grooming shop.

Laboratory: A place devoted to experimental study, such as testing and analyzing. Manufacturing of product or products is not permitted within this definition.

Loading space: An off-street/road space on the same parcel of property which building or group of buildings, for temporary parking of a commercial vehicle while loading and unloading merchandise or materials.

Lodging-house: A lodging-house, or rooming-house, is a building other than a hotel where lodging is provided for compensation pursuant to previous arrangement, but not open to the public or transients.

Lot: Land occupied or to be occupied by a use, building or structure and permitted accessory buildings together with such open spaces, lot width and lot area as are required by this ordinance and having its principal frontage upon a public street/road or upon a private way used for street/road purposes. A lot need not be a lot of record.

a.

Lot, corner: A corner lot is a lot of which at least two adjacent sides abut for their full length upon a street/road, provided that such two sides intersect at an angle of not more than 135 degrees. Where a lot is on a curve, if tangents through the extreme point of the street/road line of such lot make an interior angle of not more than 135 degrees, it is a corner lot. In the case of a corner lot with curved street/road line, the corner is that portion on the street/road lot line nearest to the point of intersection of the tangents described above.

b.

Lot, double frontage: An interior lot having frontages on two or more or less parallel streets/roads as distinguished from a corner lot. In the case of a row of double frontage lots, one street/road will be designated as the front street/road, in the plat and the request for a building permit will indicate which street/road is the designated front street/road.

c.

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

Lot area: The total horizontal area within the lot lines as defined, of a lot. For lots fronting or lying adjacent to private streets/roads, lot area shall be interpreted to mean that area within lot lines separating from the private street/road and not the centerline of said street/road.

Lot coverage: The part or percent (percentage) of the lot occupied by buildings or structures, including accessory buildings or structures.

Lot depth: The mean horizontal distance from the front street/road line to the rear lot line, including front, rear, side, or alley lot line.

Lot lines: The property lines bounding the lot.

a.

Front lot line: In the case of a lot abutting upon one public or private street/road, the front lot line shall mean the line separating such lot from such street/road right-of-way. In the case of any other lot, the owner shall for the purpose of this ordinance, have the privilege of electing any street/road, lot line, the front line, providing that such choice, in the opinion of the zoning administrator will not be injurious to the existing, or the desirable future development of adjacent properties.

b.

Rear lot line: Ordinarily, that lot line which is opposite and most distant from the front lot line of the lot. In the case of an irregular, triangular, or gore-shaped lot, a line ten feet in length entirely within the lot parallel to and at the maximum distance from the front lot line of the lot shall be considered to be the rear lot line for the purpose of determining depth of rear yard. In cases where none of these definitions are applicable, the zoning administrator shall designate the rear lot line.

c.

Side lot line: Any lot line not a front lot line or a rear lot line. A side lot line separating a lot from a street/road is a side street/road lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.

d.

Street or alley lot line: A lot line separating the lot from the right-of-way or a street/road or an alley.

Lot width: The horizontal distance between the side lines measured at the set back line. Where the side lot lines are not parallel, the lot width shall be considered as the average of the width between such side lot lines.

Major thoroughfare: The major streets/roads or high-ways which carry a relatively large amount of vehicular traffic and may connect secondary or regional thoroughfares.

Mean: That quantity or measurement having a value midway between two extremes, and being near the average where more than two quantities or measurements are involved. Example: The mean of the series of measurements of numbers 1, 3, 6, 10 and 11 is the number 6.

Manufactured/mobile home: A manufactured/mobile home is a single, self-contained modular unit built on a chassis that has been designed for long term occupancy. The manufactured/mobile home was constructed originally with wheels for transport on public streets. A manufactured/mobile home is designed for use as a single-family dwelling, with or without a permanent foundation, when connected to necessary utilities.

Manufactured/mobile home park: A manufactured/mobile home park is an area which has been developed by a person for the purpose of renting lots or residential use to the occupants of manufactured/mobile homes. The term "manufactured/mobile home park" includes the land, buildings, structures, and facilities used by the occupants of the manufactured/mobile homes which are located in the park and the manager or owner of said park.

Modular unit: A factory fabricated transportable building unit designed to be used by itself or to be incorporated with similar units at a building site into a modular structure. The term is intended to apply to major assemblies and does not include prefabricated panels, trusses, and other prefabricated sub-elements which are to be incorporated into a structure at the site.

Motor vehicle repair: General repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service such as body, frame or fender straightening and repair; overall painting; but not including undercoating of automobiles unless conducted in a completely enclosed spray booth.

Motor vehicle wash establishment: A building or portion thereof, the primary purpose of which is that of washing motor vehicles.

Non-conforming use: *Any legal use of land or structures which does not conform to the use provisions of this ordinance at the time of adoption of any amendment thereto.

*This definition applies to the land uses in any particular zoning district which have a legal right to remain if they were being used prior to the adoption of the zoning ordinance since zoning cannot be made retroactive. For example: a nonconforming use would be a grocery store located in a single-family residential zoning district that does not permit commercial uses, or a home located in an industrial zoning district that does not permit residences. This definition does not apply to a building or structure which is permitted in a particular zoning district but which does not meet the zoning ordinance requirements for building height, yard setbacks, off-street parking space or other regulations. Likewise, a nonconforming use is not an open air land use, such as a parking lot or an outside storage use, which may not meet the zoning district requirements for greenbelts of fencing, even though such open air land use is permitted forthwith in the particular zoning district.

To further clarify the definition of nonconforming use a building which has a deficient front yard, but is a use of land permitted in the zoning district wherein it is located, is not a nonconforming use but rather a conforming use with a deficient front yard. However, should this building be expanded in the future, the new addition would have to observe the required front yard as specified in the zoning ordinance.

Nursery, tree and shrub: An area or establishment devoted to the raising, care of trees, shrubs, or other similar plant materials.

Off-street/road parking lot: A facility providing vehicular parking spaces, along with adequate drives and aisles for maneuvering, so as to provide access for entrance and exit for the parking of more than two automobiles.

Open air business uses: Open air business uses shall include the following:

a.

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

b.

Retail sale of fruit and vegetables.

c.

Tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving range, children's amusement park, or similar recreation uses.

d.

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

e.

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

Open area: An open area in yards and common areas in which the view is unobstructed.

Parking space: An area of not less than ten feet wide by 20 feet long, for each automobile or motor vehicle, such space being exclusive of necessary drives, aisles, entrances or exits and being fully accessible for the storage or parking of permitted vehicles.

Person: The word "person" includes any firm, co-partnership, corporation; and any association of natural persons acting jointly or by an agent or otherwise.

Planned unit development: A planned unit development is a single parcel or contiguous parcels of land within which a number of buildings are located or intended to be located in accordance with an overall plan of design and not in relation to a pre-arranged pattern of land subdivision. Examples of a planning unit development (PUD) include a complex of apartment buildings and a shopping center with a number of stores.

Plantation lodging: Lodging accommodation associated with the operation of a hunting planation. See lodging-house.

Reference level: The reference level for any building within ten feet of the front lot line is the official established sidewalk grade opposite the center of the front lot line, or where no sidewalk grade is established, the reference level is the mean level of the finished grade of the ground across the front of such building. When the mean finished grade about any portion of a building varies five feet or more from that at the front, such mean may be taken as the reference level for such portion of such building.

Roominghouse: See "lodginghouse."

Rubbish: The term "rubbish" means the miscellaneous waste materials resulting from house keeping, mercantile enterprises, trades, manufacturing and offices, including other waste matter such as slag, stone, broken concrete, fly ash, ashes, tin cans, glass, scrap metal, rubber, paper, rags, chemicals or any similar or related combinations thereof.

Scrap processor: Any person, firm, or corporation engaged only in the business of buying scrap iron and metals, including but not limited to old automobiles, for the specific purpose of processing into raw material for re-melting purposes only, and whose principal product is ferrous and nonferrous scrap for shipment to steel mills, foundries, smelters, and refineries, and who maintains an established place of business in this state and has facilities and machinery designed for such processing.

Service station: A building or structure designed or used for the retail sale or supply of fuels, lubricants, air, water and other operating commodities for motor vehicles, aircraft or boats including the customary space and facilities for the installation of such commodities on or in vehicles, and including space or facilities for the temporary storage of vehicles, minor repair, or servicing.

Sign, outdoor advertising: Any card, cloth, paper, metal glass, plastic, wood, plaster, stone or sign of other materials of any kind, placed for outdoor advertising purposes on the ground or on any tree, wall, bush, rock, post, fence, building, structure, or thing whatsoever. The term "placed" as used in the definition of "outdoor advertising sign" and "outdoor advertising structure" shall include erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving or other fastening, affixing or making visible in any manner whatsoever. See also "billboard."

Single parcel ownership: The possession of a parcel of property wherein the owner does not own adjoining vacant property.

Skirting—Curtain wall/skirting/underpinning: A wall, un-pierced except for required ventilation and access, so that it encloses the area under the manufactured home to the ground level. Approved materials are: Masonry, metal, vinyl, pressure treated wood products. The use of scrap materials does not constitute effective skirting.

Soil removal: The term "soil removal" shall mean the removal of any kind of soil or earth matter which includes topsoil, sand, gravel, clay or similar materials or any combination thereof, except common household gardening and general farm care.

Special use: A special use is a use which is permitted in a given zoning district only with the approval of the planning commission and county commission. A special use is not permitted by right in a zoning district.

Stack house: A structure or facility capable of dry composting poultry manure generated on the premises.

Story: That portion of a building other than a cellar or mezzanine, included between the surface of any floor and 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.

a.

Mezzanine: A mezzanine shall be deemed a full story when it covers more than 50 percent of the story underneath and mezzanine, or if the vertical distance from the floor next below it to the floor next above it is 24 feet or more. For the purpose of this ordinance, a basement or cellar shall be counted as a story if over 50 percent of its height is above the level from which the height of the building is measured, or if it is used for business purposes, or if it is used for dwelling purposes by other than a janitor or domestic servants employed in the same building including the family of the same.

b.

Ground story: The lowest story of a building, the floor of which is not more than 12 inches below the elevation of the reference level.

[c.]

Half-story: The part of a building between a pitched roof and the uppermost full story, said part having a finished floor area which does not exceed one-half of the floor area of said full story.

Street/road: A thoroughfare which affords traffic circulation and principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley. A public street/road is a street/road accepted by dedication of otherwise by Colquitt County. A private street/road is a street/road not so accepted, or any street/road designated as a private street/road upon a recorded plat.

Structural alteration: Any change in the supporting members of a building or structure, such as bearing walls or partitions, columns, beams or girders or any change in the width or number of exits, or any substantial change in the roof.

Structure, outdoor advertising: Any structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign may be placed, including also outdoor advertising statuary.

Subdivision regulation: Regulations governing the subdivision of land, providing for the procedure for the preparation and filing of plats, tentative approval of preliminary plats, submission or record of final plats, providing for platting regulations and requirements in regard to conformity to the county's comprehensive development plan, as to streets/roads, alleys, easements, blocks and lots, and to provide penalties for the violation thereof, as promulgated and created by the planning commission and county commission.

Swimming pool: The term "swimming pool" shall mean any permanent, nonportable structure or container intended for swimming located either above or below grade designed to hold water to a depth of greater than 24 inches.

Tourist home: A dwelling in which overnight accommodations are provided or offered for transient guests.

Townhouse: One or a group of attached single-family residential units that are two stories in height. Each townhouse unit is separated from the adjoining unit or units by an approved fire resistant party wall or walls. Party walls shall be located on the lot line, and shall extend from the foundation to the roof. Each townhouse unit is erected on its own platted recorded lot.

Truck gardening: Truck gardening is the use of land for growing edible vegetables, fruits, and other crops for resale and commercial purposes. Household gardening by a property owner for a hobby or purely local consumption by himself and his family residing on the same premises shall not be construed to be truck gardening.

Use: The purpose for which land or premises or a building thereon is designed, arranged, or intended, or for which it is occupied or maintained, let or leased.

Utility room: A room or space, located other than in the basement, specifically designed and constructed to house any home utilities or laundry facilities.

Vacation rental: The renting out of a furnished apartment, house, or professionally managed resort-condominium complex on a temporary basis to tourists as an alternative to a hotel.

Variances (hardship): The board of commissioners may grant variances from the literal requirements of these ordinances in cases where the size, shape, or topography of a parcel prevents it from being designed to conform with these ordinances.

Such variances may be granted in such cases of unnecessary hardship on a finding that:

a.

There may be extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography; and

b.

The application of the ordinance to this particular piece of property would create an unnecessary hardship; and

c.

Such conditions are peculiar to the particular piece of property involved; and

d.

Relief, if granted, would not cause substantial detriment to the public interest or impair the purposes and intent of ordinance.

If the board of commissioners grants a variance, the reason for such variances must be put forth clearly in the minutes of the meeting at which the variance was granted.

Yard: An open space on the same lot with a building unoccupied and unobstructed from the ground upward, except as otherwise provided herein. The measurement of a yard is the minimum horizontal distance between the lot line and the building or structure.

Yard, side: A yard between the side line of the lot and the nearest line of the principal building and extending from the front yard to the rear yard, or in the absence of either of such yards, to the front and rear lot lines, as the case may be except that on a corner lot, the side yard adjacent to a street/road shall extend the full depth of the lot.

Yard, rear: A yard extending the full width of the lot, the depth of which is the horizontal distance between the rear lot line and the rear line or lines of the principal building on the lot.

Zoning decision: Final legislative action by the governing body which results in:

a.

The adoption or repeal of a zoning ordinance;

b.

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

c.

The adoption or denial of an amendment to a zoning ordinance to rezone property from one zoning classification to another;

d.

The adoption or denial of an amendment to a zoning ordinance by the governing body to zone property to be annexed into the City of Moultrie;

e.

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

f.

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

(Ord. No. 2006-5, § 1, 10-24-06; Ord. No. 2008-2, Exh. A, 2-18-08; Ord. No. 2010-2, § 1, Exh. A, 4-19-10; Ord. No. 2015-3, 2-3-15; Res. No. 2017-R-3, 4-18-17; Amend. of 3-22-18; Ord. No. 2023-ORD-7, § I, 12-5-23)