This chapter shall be known as "The Zoning Ordinance of the City of Conyers, Georgia."

(Code 1990, § 8-7-1; Ord. No. 693, 8-18-2004)

This chapter is enacted by the City Council to promote the public health, safety, morals, aesthetics and general welfare of the residents, property owners, and businesses of the City, and to implement the City comprehensive plan. To these ends, the ordinance codified in this chapter is intended to achieve the following purposes:

(1)

To guide and regulate the orderly growth, development, redevelopment and preservation of the City in accordance with a well-considered comprehensive plan and with long-term objectives, principles and standards deemed beneficial to the interest and welfare of the people;

(2)

To protect the established character and the social and economic well being of both private and public property;

(3)

To promote the public interest through the efficient utilization of land;

(4)

To promote the preservation of open space;

(5)

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

(6)

To reduce or prevent congestion in the public streets;

(7)

To facilitate the creation of a convenient, attractive and harmonious community;

(8)

To encourage an aesthetically attractive environment, both built and natural, and to provide for regulations that protect and enhance these aesthetic considerations;

(9)

To provide a basis for establishing the future need for police and fire protection, transportation, water, sewage, flood protection, schools, parks, recreational facilities and other public facilities and services;

(10)

To protect against the destruction of, or encroachment upon, historic areas;

(11)

To protect against overcrowding of land, undue density of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation and loss of life or health from fire, flood or other danger;

(12)

To encourage economic development activities that provide desirable employment and enlarge the tax base;

(13)

To ensure the perpetual conservation, preservation and enjoyment of the unique natural and physical resources of the City, including forested areas, watersheds, streams and archaeological sites and the protection of water quality as the City grows;

(14)

To achieve compliance with all applicable State and Federal regulations;

(15)

To provide for and promote housing for all income groups and all citizens within the City;

(16)

To provide for variances and nonconforming uses;

(17)

To provide a method of administration and procedure that ensures due process and equal protection for the citizens and property owners of the City;

(18)

To establish a just balance between the rights of owners of property and the public interest of all the citizens of the City;

(19)

To provide for protection of the constitutional rights and obligations of all citizens within the City;

(20)

To provide penalties for a violation and remedies for enforcement hereof and for other purposes.

(Code 1990, § 8-7-2; Ord. No. 693, 8-18-2004)

(1)

This chapter is enacted pursuant to the City's authority to adopt plans and exercise the power of zoning granted by Article 9, Section 2, Paragraph 4 of the Constitution of the State of Georgia, 1983 (Ga. Const. art. IX, § II, ¶ 4), and pursuant to Chapter 66 of Title 36 of the Official Code of Georgia Annotated (The Zoning Procedures Law) (O.C.G.A. § 36-66-1 et seq.); by the City's general police powers; and by other powers and authority provided by Federal, State and local laws applicable hereto.

(2)

This chapter shall take effect and shall be in force from and after the date of its adoption by the City Council.

(3)

This chapter shall govern the use of all land, and the development thereof, within all incorporated areas of the City.

(Code 1990, § 8-7-3; Ord. No. 693, 8-18-2004)

Except as hereinafter provided, as of the date of adoption of the ordinance from which this chapter is derived:

(1)

Development activity. Any person proposing to rezone property, undertake any land disturbance activity, construct or modify a building for occupancy, or to develop or subdivide land within incorporated areas of the City, shall pay a fee and make application to the City Department of Planning and Inspection Services (Department), which shall conform to all regulations set forth in this chapter.

(2)

Use. No building, structure, premises or and shall hereafter be used or occupied; and no building or part thereof shall be erected, remodeled, extended, enlarged, constructed, moved or altered in a manner except in conformity with the regulations for the district in which it is or is to be located.

(3)

Height. No building or other structure shall hereafter be erected or altered to exceed the height or bulk limits of this chapter to accommodate a greater number of families; to occupy a greater percentage of lot area; or to have narrower or smaller yards, buffers or other open spaces than required in this chapter, except as otherwise expressly permitted by this chapter.

(4)

Lots. No lot, even though it may consist of one or more adjacent lots of record, shall be reduced in size so that lot width or depth, front, side or rear yard or other requirements of this chapter are not maintained. This section shall not apply when a portion of a lot is acquired for public use within the City.

(5)

Pending application for building permits and land disturbance permits. Nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building or structure or land disturbance for which development or building permits were lawfully applied for or approved, prior to the effective date of the ordinance from which this chapter is derived or amendment thereto, provided:

a.

Such permit or approval has not, by its own terms, expired prior to such effective date of the ordinance from which this chapter is derived.

b.

Actual building construction is commenced prior to the expiration of such permit or approval.

c.

Actual building construction is carried on pursuant to said permit or approval and limited to and in strict accordance with said permit or approval.

d.

No renewals or extensions of said permit or approval shall be authorized.

e.

Construction shall commence within one year of the effective date of the ordinance from which this chapter is derived.

(6)

Existing lots, buildings and structures. Existing lots, buildings, structures and uses that comply with the regulations of this chapter at the time of its enactment shall comply with all regulations of this chapter. Existing buildings, structures and uses that do not comply with the regulations of this chapter, but were otherwise legally established prior to the enactment of this chapter, may continue in use subject to the provisions of Section 8-7-96, related to nonconformities.

(7)

Moved buildings and structures. No existing building or structure shall be moved into any district except in conformance with the provisions of this chapter and until a permit is granted by the City Manager or his or her designee. Any such relocated building or structure shall conform to the provisions of this chapter.

(Code 1990, § 8-7-4; Ord. No. 693, 8-18-2004; Ord. No. 714, 11-16-2005; Ord. No. 1000, § 1, 11-18-2015)

(a)

Whenever the provisions of this chapter impose more restrictive standards than are required in or under any other statute, ordinance or resolution, these standards shall prevail, unless otherwise specified in this chapter. Whenever the provisions of any other statute, ordinance or resolution require more restrictive standards than are required herein, the requirements of such regulations shall prevail, unless otherwise specified in this chapter.

(b)

In those instances where development standards for a parcel of land or a specific project have been lawfully established as a condition of approval for a permit of any kind by the City Council, or the Board of Zoning Appeals and Adjustments, the requirements of the conditions shall control.

(c)

All other conflicting ordinances or resolutions are hereby repealed; provided that nothing herein shall repeal the conditions of use, operation or site development accompanying zoning approval(s) or special use(s), variances or permits issued under previous ordinances or resolutions, provided further that modification or repeal of these past conditions of approval may be accomplished as authorized and provided by this chapter. All variances and exceptions heretofore granted by the Board of Zoning Appeals and Adjustments or the City Manager, or his or her designee, shall remain in full force and effect; and all terms, conditions and obligations imposed by the Board of Zoning Appeals and Adjustments shall remain in effect.

(d)

This chapter is not intended to abrogate, annul or otherwise interfere with any legally created easement, covenant or other private agreement or legal relationship; provided that such easements, covenant or other private agreements or legal relationships shall not supersede or enjoin enforcement of the regulations of this chapter.

(Code 1990, § 8-7-5; Ord. No. 693, 8-18-2004)

The Official Zoning District Map for the City of Conyers, hereinafter called official zoning map, with all appendices, notations, references and other information shown thereon, shall be the official map and is hereby made a part of this chapter. Said map shall be made a public record and shall be kept permanently in the Department, where the map or accurate reproductions thereof will be accessible to the general public.

(Code 1990, § 8-7-6; Ord. No. 693, 8-18-2004)

Where uncertainty exists with respect to the boundaries of any of the districts as shown on the official zoning map of the City, the following rules shall apply:

(a)

Unless otherwise indicated, the district boundaries are intended to approximately follow property lines; land lot lines; centerlines of streets, highways, alleys or railroads; shorelines of streams, reservoirs or other bodies of water; or civil boundaries, and they shall be construed to follow such lines.

(b)

Where district boundaries are approximately parallel to the centerlines of streets, highways, railroads, right-of-way of the same or the centerlines of streams, reservoirs or other bodies of water, or said lines extended, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the official zoning map. If no distance is given, such dimensions shall be determined by the Director using the scale shown on the official zoning map.

(c)

When a parcel is split by a zoning district boundary, each such portion of the parcel shall be used only for the uses authorized within the zoning district that each such portion is classified. The City Manager, or his or her designee, may direct that a zoning district boundary that does not follow preexisting parcel lines or other boundaries established in Subsections (a), (b), and (d) of this section may be shifted within the same parcel a distance of no more than 50 feet to create a more logical and harmonious plan for the parcel or to avoid an undue hardship.

(d)

In case the exact location of a boundary cannot be determined by the foregoing methods, the City Council shall, upon application, determine the location of the boundary pursuant to a regularly advertised public hearing.

(Code 1990, § 8-7-7; Ord. No. 693, 8-18-2004)

(a)

Land use role of the comprehensive plan. The City comprehensive plan is hereby established as the official policy of the City concerning designated land uses, under which the incorporated areas of the City are divided into the following land use categories:

(1)

Residential (Low)/Conservation;

(2)

Residential (Medium);

(3)

Residential (High);

(4)

Neighborhood Commercial;

(5)

General Commercial;

(6)

Office/Institutional;

(7)

Industrial/Distribution;

(8)

Special Mixed Use Activity Center.

(b)

Relationship between future land use map categories and zoning districts. The comprehensive plan does not change the existing zoning districts in the City, does not effectuate an amendment to the official zoning map and does not itself permit or prohibit any existing land uses. The zoning districts that are permitted within each land use category shall be restricted to the following:

(1)

Residential (Low)/Conservation: W-P, RA;

(2)

Residential (Medium): RS-20, RS-14, TND, DE, GV-RV;

(3)

Residential (High): TH, RMH, RM;

(4)

Neighborhood Commercial: O-I, BN;

(5)

General Commercial: O-I, MxD, BG, BN, DCV, DCR, HSB, GV-NV, GV-UV;

(6)

Office/Institutional: O-I, MxD, and other zoning districts, subject to special use permit for compatibility;

(7)

Industrial/Distribution: I-D;

(8)

Special Mixed Use Activity Center: RS-20, RS-14, TND, TH, RM, O-I, BN, MxD, BG, DE, DCV, GV-RV, GV-NV, GV-UV, RED.

(c)

Conformity of the official zoning map with the comprehensive plan. Within the various land use categories described in this chapter and shown on the comprehensive plan, no amendment to the official zoning map shall permit a use, except in accordance with the uses permitted in the comprehensive plan, future land use map or land use category applicable to the property to which the proposed official zoning map amendment applies, except that:

(1)

A residential zoning district that allows a lesser dwelling unit density than the maximum permitted within a given land use category may be established by the City Council within such land use category without amendment to the comprehensive plan.

(2)

A residential zoning district that allows a greater dwelling unit density than is normally permitted within a given land use category may be established by the City Council within such land use category only if the zoning is conditioned so as to limit the allowable density of dwelling units to the maximum permitted by the land use category.

Nothing herein shall prohibit the simultaneous amendment of the comprehensive plan, future land use map and the official zoning map.

(d)

Amendments to the comprehensive plan. See Section 8-7-124.

(Code 1990, § 8-7-8; Ord. No. 693, 8-18-2004; Ord. No. 868, § 2, 4-18-2012; Ord. No. 881, § 1, 7-18-2012; Ord. No. 970, § 1, 9-17-2014; Ord. No. 1000, §§ 2, 3, 11-18-2015; Ord. No. 1137, § 1(Att. A), 7-18-2018; Ord. No. 1336, § 1, 10-18-2023)

(a)

All property that is annexed into the municipal limits of the City shall be zoned to a zoning category that is identical to or compatible with property adjacent to the subject property and located within the incorporated boundaries of the City. The recommendation of zoning for such annexed parcel shall be made by the City Manager or his/her designee.

(b)

A public hearing shall be held by the City Council to establish the future zoning district when the parcel is annexed into the City. The public hearing shall be conducted prior to the annexation of the property. The public notice and hearing procedures shall be conducted in conformity with the requirements of Section 8-7-124(g) and (h). Action by the City Council shall be as provided in Section 8-7-124(l); except that no final action to approve the zoning of the annexed parcel shall be taken by the City Council until after the annexation has been approved.

(c)

The approval of zoning of an annexed parcel by the City Council, as provided in Subsection (a) or (b) of this section, shall concurrently amend the future land use map of the comprehensive plan to the corresponding category with respect to the subject property.

(Code 1990, § 8-7-9; Ord. No. 693, 8-18-2004; Ord. No. 720, 12-14-2005)

Through the administration of this chapter, or as a condition of rezoning approval, developers may be required to contribute land and make improvements to facilitate the provision of adequate public facilities to serve the future residents and users the of land they develop. However, no private developer shall be required to provide such public dedications of land or property improvements, except in conformity with the definition of term "project improvements" included in the Georgia Development Impact Fee Act, O.C.G.A. § 36-71-1.

(Code 1990, § 8-7-10; Ord. No. 693, 8-18-2004)

Permit and application fees are established by action of the City Council, a copy of which is on file in the office of the City Clerk.

(a)

Permit fees. Permit fees, where required, shall be submitted as a prerequisite to issuance of the permit. Nonpayment as a result of submission of a check having insufficient funds, or for any other reason, shall cause the permit to be voided and re-issuance will be subject to penalty as may be established by the City Council.

(b)

Application fees.

(1)

Application fees shall be submitted with the application and upon acceptance of the submission for review and consideration shall be non-refundable. Failure to pay a required application fee shall cause the application to be returned to the applicant without acceptance for review or consideration by the City.

(2)

Prior to approval of a final plat or certificate of occupancy, the developer shall provide to the Department such recording fees and performance and/or maintenance bonds as shall be required by this chapter and established by the City Council.

(3)

Prior to the processing of a request for zoning certification, the applicant shall pay to the Department such fees as may be established by the City Council.

(Code 1990, § 8-7-11; Ord. No. 693, 8-18-2004)

The ordinance from which this chapter is derived shall become effective immediately upon its adoption.

(Code 1990, § 8-7-13; Ord. No. 693, 8-18-2004)

For the purpose of this chapter, certain words or terms used herein are interpreted as follows:

(a)

Reserved.

(b)

Reserved.

(c)

The term "person" includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual.

(d)

The term "lot" includes the terms "plot," "parcel" or "tract."

(e)

The term "used" or "occupied," as applied to any land or building, shall be construed to include the terms "intended," "arranged" or "designed to be used or occupied."

(f)

The term "erected" shall be deemed also to include "constructed," "reconstructed," "altered," "moved" or "placed."

(g)

The term "land use" and "use of land" shall be deemed also to include "building use" and "use of building."

(h)

The term "adjacent" means contiguous not withstanding road right-of-way.

(i)

Unless otherwise specified, all distances shall be measured along a straight line, horizontally.

(j)

Unless indicated otherwise, reference to zoning districts refers to the most recent copy of the City official zoning map.

When used in this chapter, the following terms and phrases shall have the meanings given in this article. The meaning of terms not defined in this article shall be as defined by the American Planning Association. All remaining words used in this chapter are intended to have the commonly accepted definitions contained in a recent addition of the Merriam-Webster dictionary.

(Code 1990, § 8-7-14; Ord. No. 693, 8-18-2004; Ord. No. 1000, § 4, 11-18-2015)

When used in this chapter, the following words and phrases have the meaning ascribed to them in this section, unless the context indicates a different meaning:

Abutting means touching at one point or along a common side, boundary or property line. Two pieces of property that are separated by a street or right-of-way are adjacent, but not abutting.

Accessory building. See Building, accessory.

Accessory structure. See Structure, accessory.

Accessory use. See Use, accessory.

Acre means a unit of area equal to 43,560 square feet.

Acre, gross, means total land area of a parcel.

Acre, net, means land area of a parcel excluding wetlands, floodplain, and other unbuildable areas.

Addition (to an existing building) means any roofed expansion to an existing building, whether horizontal or vertical.

Adjacent property. See Property, adjacent.

Adult entertainment. See Title 9, Chapter 10.

Aggrieved person means a person who is the owner of property that is the subject of an appeal, as provided in Section 8-7-127; or a person who has a substantial interest in the action being appealed that is in danger of suffering special damage or injury not common to all property owners similarly situated.

Agriculture means raising, harvesting or storing of products of the field or orchard; feeding, breeding or managing livestock or poultry; producing or storing feed for use in the production of livestock or poultry; growing plants, sod and trees for sale; the production of horticultural, dairy, poultry, eggs and apiarian products.

Airport means a transportation terminal facility where aircraft take off and land; usually equipped with hangars, facilities for refueling and repair and various accommodations for passengers.

Airstrip, private, means an area designated for the landing of private, noncommercial aircraft with no terminal facilities and no scheduled takeoffs and landings.

Alley. See Street classifications.

Alteration means 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, doors, windows, means of ingress or egress, or any enlargement to, or diminution of a building or structure, whether horizontally or vertically, or the moving of a building from one location to another.

Alternative on-site sewage management system means any approved on-site sewage management system which differs in design or operation from the conventional or chamber septic tank.

Alternative tower structure means manmade trees, clock towers, bell steeples, light and power poles, water storage tanks, outdoor advertising signs and similar alternative design mounting structures that effectively camouflage the presence of antennas or towers and are compatible with and resemble the scale of the surrounding natural setting and/or structures; provided that no oversized sign not otherwise legal under the city's sign ordinance shall be installed in order to serve as an alternative tower structure.

Animal clinic means an establishment where animals or pets are given medical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding and shall be only incidental to such hospital use. See Section 8-7-92.

Antenna, satellite, means a specific device, the surface of which is used to transmit and/or receive radio frequency signals, microwave signals, or other signals transmitted to or from other antennas. See Section 8-7-92.

Apartment means a multifamily dwelling held through a lease or rental agreement.

Apartment, efficiency, means an apartment consisting of two or fewer rooms, not including a separate bedroom.

Appeal means a request for a review to hear and decide where it was alleged there was an error in any order, requirement, permit, decision, determination or refusal made by any officer of the City in the enforcement of this chapter. See Section 8-7-128.

Applicant means any person that completes the necessary forms and procedures to procure official approval to carry out any activity regulated by the City.

Application means a document and associated documentation filed by any person seeking approval to take any activity regulated by the City.

Aquifer means any stratum or zone of rock beneath the surface of the earth capable of containing or producing water from a well.

Area of shallow flooding means a designated AO or AH zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet; and/or where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate and where velocity flow may be evident.

Area of special flood hazard means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.

Arterial. See Street classifications.

Assisted living facilities means a facility licensed by the State for the transitional residency of elderly and/or disabled persons, progressing from independent living to congregate housing, within which are provided living and sleeping facilities, meal preparation, laundry service, transportation services and routine social and medical appointments and counseling.

Authorized use means a use authorized in a zoning district pursuant to this chapter.

Automobile means a motorized vehicle with two axles and not more than six wheels, designed for carrying ten passengers or less and used for the transportation of persons.

Automotive repair and maintenance (major) means repair and maintenance activities including, but not limited to, the rebuilding or reconditioning of engines, body work, framework, welding, and major painting services. Major automotive repair and maintenance facilities may also perform minor repair and maintenance activities. See Section 8-7-92.

Automotive repair and maintenance (minor) means any repair or maintenance activity that does not require the removal of the engine head or pan, engine, transmission or differential. Such activities include, but are not limited to, oil changes, brake repair, muffler repair, tire repair, lubrication, emissions testing, incidental body or fender work, minor painting, and upholstery work. See Section 8-7-92.

Awning means a shelter projecting over a window or door that is attached to the exterior wall of the building over a window or door that extends from the exterior wall of a building and is supported by or attached to a frame.

Banquet hall means any establishment that operates for profit, wherein the building, or a portion of the building, is leased out on a temporary basis for private events such as, but shall not be limited to: banquets, meetings or wedding receptions. As used herein, "private event" shall mean a gathering of persons who have been individually invited to the event, and from which persons that are not so invited, are excluded. The preparation and sale of food (including nonalcoholic beverages) and/or alcoholic beverages may be incidental to the rental of a banquet hall. In no circumstance shall any banquet hall be open to the public generally; nor shall any banquet hall supply live entertainment for the amusement needs of the public generally. Any floor area for dancing, speaking or other similar activities shall not exceed 100 square feet. Adult entertainment shall not be considered a form of private entertainment and is expressly prohibited.

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year, also known as the 100-year flood or intermediate regional flood.

Basement means that portion of a building that is partly or completely below grade and has a height of at least 6½ feet.

Bed and breakfast inn means an owner-occupied, single-family dwelling where between one and five rooms not containing kitchen facilities rented to overnight guests on a daily basis for periods not to exceed 14 days. See Section 8-7-92.

Berm means an earthen mound designed to screen undesirable views, reduce noise or fulfill other such purposes.

Best management practices (BMPs) means a collection of structural practices and vegetative measures which, when properly designed, installed and maintained, will provide effective erosion and sedimentation control for all rainfall events up to and including a 25-year, 24-hour rainfall event.

Bicycle parking. See Parking, bicycle.

Bike lane means a paved lane on a street or roadway that is reserved by pavement marking and/or signs for the exclusive use by bicycles.

Block means a piece or parcel of land entirely surrounded by highways or streets, other than alleys.

Board of appeals means the City Board of Zoning Appeals and Adjustments. See Section 8-7-127.

Boardinghouse. See Roominghouse/boardinghouse.

Bollard means a removable post that is intended to prevent automobiles and trucks from entering a multi-use trail.

Breakaway wall means a wall that is not part of the structural support of the building and is intended, through its design and construction, to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.

Brewpub means a restaurant in which beer or malt beverages are manufactured or brewed subject to state law barrel production limitations for retail consumption on the premises and sold solely in draft form.

Buffer means that portion of a lot set aside for open space and visual screening purposes, pursuant to applicable provisions of this chapter, to separate different use districts or to separate uses on one property from uses on another property of the same use district or a different use district. See Section 8-7-95.

Buffer, opaque, means a buffer that is designed to screen the view and substantially obstruct vision and glare at the eye level of passers by from adjacent public rights of way. If landscaping is used to serve as an opaque buffer, it must consist predominately of dense evergreen plant materials that will provide screening on a year-round basis.

Buffer, riparian, means with respect to streams, rivers, lakes and impoundments: a natural or enhanced vegetated area preserved on both banks adjacent to the stream, river, lake or impoundment.

Buffer, State waters, means an area, along the course of any State waters, to be maintained in an undisturbed and natural condition.

Buffer, structural, means a visual screen created through construction of a solid wooden fence, decorative masonry wall, earthen berm or combination of fence or wall with an earthen berm, which may be supplemented with vegetation so as to present an opaque visual separation when viewed from one side to the other throughout the year.

Buildable area means the area of a lot remaining after the minimum front, side and rear yard requirements of the zoning district has been met.

Building means any structure with a roof and enclosed on all sides.

Building, accessory, means a building detached from the principal building located on the same lot and customarily incidental and subordinate in area, extent and purpose to the principal building or use. See Section 8-7-91.

Building area, gross, means total area of building measured from the outer face of exterior walls.

Building, elevated, means a building in which the lowest floor is elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (post and piers), shear walls or breakaway walls.

Building permit. See Permit, building.

Building, principal, means a building in which is conducted the main or dominant use of the lot on which such building is situated.

Building wall means an exterior load-bearing, or nonload-bearing, vertical structure that encompasses the area between the final grade elevation and eaves of the building and used to enclose the space within the building.

Bulk means the volume of a building or structure with respect to regulatory limits on its size, height, and the location of exterior walls at all levels in relation to lot lines, streets, or other buildings.

Business entity means any corporation, partnership, limited partnership, firm, enterprise, franchise, association or trust.

Caliper means the diameter measurement of a tree in inches measured six inches above the ground. When the tree caliper is greater than six inches, the diameter measurement shall be made at breast height of 4.5 feet and shall be called diameter at breast height (DBH).

Campaign contribution means a contribution as defined in O.C.G.A. § 21-5-3(7).

Campground. See Recreational vehicle parks and campgrounds.

Canopy means a roof structure constructed of rigid materials, including, but not limited to, metal, wood, concrete, plastic or glass; which is attached to and supported by a building, or which is freestanding and supported by columns, poles or braces extended to the ground. Unlike an awning, a canopy is generally supported by vertical elements rising from the ground at two or more corners.

Car sales/motorcycle sales means an open area, other than a right-of-way or public parking area, used for the display, sale or rental of new or used motor vehicles in operable condition. See Section 8-7-92.

Caretaker dwelling oremployee residence means an accessory single-family dwelling unit placed on an occupied tract for use by an employee, where the tract is owned by the employer as a part of the same operation or business At least one of the occupants of the caretaker dwelling or employee residence must be employed on the premises, or their presence must be necessary and essential for the orderly operation and security of premises.

Cellar means that portion of a building that is partly or completely below grade and has a height less than 6½ feet.

Cemetery means any plot of ground, churchyard, building, mausoleum or other enclosure used for the burial of deceased persons. See Section 8-7-92.

Cemetery, pet, means property used for the interring of dead domestic animals.

Cemetery, private, means any plot of ground, building, mausoleum or other enclosure used for the burial of deceased persons of one collateral line of descent.

Centerline of street. See Street, centerline of.

Church. See Religious assembly.

City manager means the City Manager of the City of Conyers or his or her designee.

Civic and social organizations means establishments meeting NAICS Code 8134, provided that such establishments that also meet the definition of drinking places shall be regulated as drinking places.

Clerk means the Clerk serving the City Council.

Clinic means a medical establishment where patients, who are not lodged overnight, are admitted for examination and treatment.

Club means a noncommercial establishment organized for a common purpose to pursue common goals, interests or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings and a constitution or bylaws.

Collateral means belonging to the same ancestral stock but not in a direct line of descent. See Cemetery, private.

Collector. See Street classifications.

Colleges, universities and professional schools, mean establishments primarily engaged in furnishing academic courses and granting degrees at baccalaureate or graduate levels. See Section 8-7-92.

Co-location means the placement of the antennas of two or more service providers upon a single tower or alternative tower structure.

Commercial use means an occupation, place of employment or enterprise that is carried on for profit by the owner, lessee or licensee.

Commercial or industrial district means property zoned in any of the following zoning districts in the City: O-I, BN, MxD, BG, HSB, GV(NV), GV(UV), Downtown Civic, Downtown Center or I-D.

Community septic system means alternative wastewater treatment system, other than a wastewater treatment facility owned by the Rockdale County Department of Water Resources that serves two or more dwelling units or a planned development and is approved by the EPD, Rockdale County Department of Environmental Health and Board of Commissioners.

Compost facility, municipal solid waste, means an establishment converting municipal solid waste to humus through a controlled process of degrading organic matter by microorganisms. See Section 8-7-92.

Compost facility, yard trimmings, means an establishment converting yard trimmings to humus through a controlled process of degrading organic matter by microorganisms. The term "yard trimmings compost facility" does not include composting conducted on a residential lot for home gardening purposes.

Comprehensive plan means any part or element of the most recently adopted plan for development for the City as provided by O.C.G.A. § 50-8-1 et seq. and Ga. Comp. R. & Regs. Chapter 110-3-2, Minimum Standards and Procedures for Local Comprehensive Planning.

Conditional zoning means the imposition of conditions in the grant of a rezoning application that are in addition to or different from the regulations set forth in this land development chapter and that are related to the promotion of the public health, safety, morals or general welfare and designed to minimize the negative impact on surrounding property.

Condominium means a building, or group of buildings, in which dwelling units, offices or floor areas are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis.

Conservation areas, primary, means portions of a parcel of land that are required to be protected as open space in a conservation subdivision as provided in Section 8-7-65.

Conservation areas, secondary, means the portions of a parcel of land that are desirable to protect as open space in a conservation subdivision as provided in Section 8-7-65.

Conservation easement means an agreement between a land owner and government agency or land trust that permanently protects open space or greenspace on the owner's land by limiting the amount and type of development that can take place but continues to leave the remainder of the fee interest in private ownership.

Construction/demolition waste means waste building materials and rubble resulting from construction, remodeling, repair and demolition operations on pavements, houses, commercial buildings and other structures. Such wastes include, but are not limited to, asbestos containing waste, wood, bricks, metal, concrete, wall board, paper, cardboard, inert waste landfill material and other nonputrescible wastes that have a low potential for groundwater contamination.

Construction, existing, means any structure for which the start of construction commenced before the effective date of the ordinance from which this chapter is derived.

Construction, new, means structures for which the start of construction commenced on or after the effective date of the ordinance from which this chapter is derived; other structures that are built on previously undeveloped land and are not additions or alterations.

Construction, start of, means the point of time commemorating the breaking of ground for the construction of a development or structure.

Context sensitive street design means an approach to roadway planning, design and street operation to meet regional transportation goals while enhancing neighborhoods and considering the adjacent uses of land. Context sensitive street design respects traditional street design objectives for safety, efficiency, capacity, and maintenance, while integrating community objectives and values relating to compatibility, livability, sense of place, urban design, cost and environmental impacts.

Cremation, as described in O.C.G.A. § 10-14-3(12), includes any mechanical or thermal process whereby a deceased human being is reduced to ashes. The term "cremation" includes any other mechanical or thermal process whereby human remains are pulverized, burned, recremated or otherwise further reduced in size or quantity.

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

Cross-access easement means a private covenant or easement between owners of abutting properties that allows driveways for public access by vehicles and pedestrians connecting two or more properties having different owners.

Cul-de-sac means a local street or road with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.

Curb cut means the opening along the curb line or edge of pavement of a public street at which point a driveway begins for vehicular ingress and egress from a parcel.

Cut-off fixture means a lighting fixture that is designed with panels or other devices that direct illumination downward and restricts glare emanating from the illuminated site to adjacent properties.

Day care center, adult, means an establishment operated by any person, with or without compensation, for providing for the care, supervision, and oversight only during daytime hours of seven or more adults who are elderly, physically ill or infirm, physically handicapped or mentally handicapped. See Section 8-7-92.

Day care center, child, means an establishment operated by a person, society, agency, corporation, institution or any group, with or without pay, seven or more children under 18 years of age for group care for less than 24 hours per day, without transfer of legal custody. See Section 8-7-92.

Day care facility, adult, means any place operated by any person with or without compensation for providing for the care, supervision, and oversight only during day-time hours of six or fewer adults who are elderly, physically ill or infirm, physically handicapped or mentally handicapped. See Section 8-7-92.

Day care facility, child, means any place operated by any person, with or without compensation, providing for the care, supervision and protection of six or fewer children, who are under 18 years of age, for group care for less than 24 hours per day, without transfer of legal custody. For the purpose of computing the number of children within the child day care facility, all children who are related by blood, marriage, adoption or guardianship to the person or persons operating the facility shall be included. See Section 8-7-92.

Day spa means a commercial establishment that provides a variety of state licensed, professionally administered body treatment services to include: massages by certified masseurs, body wrapping, skin exfoliation, facial treatments, hair removal, manicures, pedicures, and non-surgical cosmetic procedures. Day spas may also include accessory facilities for spa tubs, pools, steam rooms, saunas, or other related uses. This term shall not include hospitals or other professional health care establishments separately licensed as such by the state, nor shall the term mean a beauty shop, barber shop, nail care establishment, or massage establishment that does not offer a combination of at least three or more previously listed services or uses in the location.

Density means the total number of square feet of a building or number of lots or dwelling units per acre of land, unless specifically provided otherwise in this chapter.

Density bonus means a provision of this chapter that allows a parcel to accommodate additional square footage or additional residential units beyond the maximum otherwise permitted, in exchange for the provision of an amenity that provides a public benefit.

Density, gross, means the number of square feet of a building or number of lots or dwelling units on a tract of land divided by the total acres of a parcel or tract of land prior to development or subdivision; including all streets or rights-of-way, open space, floodplain and other un-subdivided or unused portions of the tract of land.

Density, net, means the number of square feet, lots or dwelling units on a tract of land; less area for public or private streets, rights-of-way, utility easements, public lands, wetlands, ponds, lakes, rivers, streams, floodplain and other unbuildable portions of the tract of land.

Department means the Department of Planning and Inspection Services.

Department of Environmental Health means the Rockdale County Department of Environmental Health.

Detention means the temporary storage of stormwater runoff in a stormwater management facility for the purpose of controlling the peak discharge.

Detention facility means a permanent basin or structure designed for the detention of stormwater runoff and gradual release of stored water at controlled rates.

Developer means a person who undertakes land development activities.

Development means any human-caused change to improved or unimproved real estate that requires a permit or approval from any agency of the City; including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations and storage of materials.

Development permit means an official authorization issued by the Director allowing clearing, grubbing, grading or other alteration of the site that entails land disturbance related to construction activities in compliance with this chapter.

DHR means the Georgia Department of Human Resources.

Diameter at breast height (DBH) means a standard measure of the diameter of a tree trunk measured in inches at a height of 4½ feet above the ground. If a tree splits into multiple trunks below 4½ feet, then the trunk is measured at its most narrow point beneath the split.

Direct light means light emitted directly from the lamp, off the reflector or reflector diffuser, or through the refractor or diffuser lens, of a luminaire.

Director means Director of the City Department of Planning and Inspection Services, or his or her designee.

District, zoning, means a tract of land or contiguous parcels of the City within which the zoning regulations are uniform.

Drainage area means that area contributing runoff to a single point, measured in a horizontal plane that is enclosed by a ridgeline.

Drainage basin means an area defined by topography within which any water that falls is tributary to the specified watercourse, as shown on an official map identifying the drainage basins existing within the City promulgated and maintained by the Department.

Drainage easement. See Easement, drainage.

Drainage structure means a device composed of a nonerodable material such as concrete, steel, plastic or other such material that conveys water from one place to another by intercepting the flow and carrying it to a release point for stormwater management, drainage control or flood control purposes.

Drinking place means a place of business that is authorized to sell alcoholic beverages for immediate consumption on the premises, and where the sale of food (including nonalcoholic beverages) is incidental to the sale of such alcoholic beverages. A drinking place shall not impose a minimum charge or cover charge. Drinking places shall not permit the entry of any person that is under 21 years of age on the premises. Entertainment customarily incidental and subordinate to the traditional operations of a drinking place such as karaoke, DJs, individual or small group vocalists and/or instrumentalists that provide music, recorded music, televised programming, et cetera, may be supplied for its guests; but in no circumstance shall chairs and/or tables be rearranged for the viewing of such entertainment. Drinking places may include, but shall not be limited to: bars or cocktail lounges. See Section 8-7-92.

Driveway means a vehicular access or curb cut that is in private ownership and provides access primarily to one property.

Dry cleaning and laundry services means a business that provides for the cleaning of laundry and dry cleaning, excluding self service, and contains on the premises, equipment necessary for the processing of laundry and dry cleaning.

Dwelling means a building or portion thereof designed, arranged or used principally for residential occupancy (not including buildings designed for transient use such as hotels and motels), and that complies with the provisions of the international building code recommended by the International Code Council adopted by the City.

Dwelling, accessory residential, means a secondary dwelling established in conjunction with, and clearly subordinate to, a primary dwelling on the same lot, whether a part of the same structure as the primary dwelling unit, or in a detached, accessory structure. See Section 8-7-92.

Dwelling, multifamily, means a building designed, constructed, altered or used for more than two adjoining dwelling units, with each dwelling unit having a separate entrance and a party wall and/or party floor or ceiling connecting it with at least one other dwelling unit. See Section 8-7-92.

Dwelling, principal, means the building that is used as the primary residence on a lot.

Dwelling, single-family, means a dwelling structure that is designed for the use of one family.

Dwelling, single-family attached, means a building containing two or more one-family attached dwelling units joined at one or more points by one or more party walls or other common facilities (not including the walls of an enclosed courtyard or similar area) and with property lines separating each dwelling unit. The term "single-family attached dwelling" includes townhouses.

Dwelling, single-family detached, means a freestanding building designed for or containing one dwelling unit.

Dwelling, two-family (duplex), means a single building designed for and containing two dwelling units located on one lot or one parcel of land.

Dwelling unit means one or more rooms, designed, occupied or intended for occupancy as a separate living quarters' with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single-housekeeping unit. The term "dwelling unit" does not include rooms in a hotel, motel, boardinghouse, or bed and breakfast.

Dwelling, zero lot line, means a single-family dwelling unit erected as a detached dwelling unit with side and/or front setback requirements relaxed so as to allow the dwelling unit to be built on the property line but not attached to another dwelling. See Section 8-7-92.

Easement means an acquired legal right for the specific use of land owned by others.

Easement, access, means an easement created for the purpose of providing vehicular or pedestrian access to or across a property.

Easement, drainage, means land required for the installation of stormwater sewers or drainage ditches and/or required for the preservation or maintenance of a natural stream or watercourse or other drainage facility.

Easement, utility, means a grant by a property owner for the use of real property for the specified purpose of constructing and maintaining utilities; including, but not limited to, sanitary sewers, water mains, electric lines, telephone lines, cable lines, storm sewer or storm drainage ways and gas lines.

Electric, petroleum or gas substation, means facilities devoted to the distribution of electricity, gas or petroleum. See Section 8-7-92.

EPD means the Environmental Protection Division of the Department of Natural Resources.

Equestrian training and sales facility means establishments providing equestrian training and the sale of horses, mules, donkeys and other equines and related tack.

Erosion means the process by which ground surface is worn away by the action of wind, water, ice or gravity.

Erosion, sedimentation and pollution control plan, means a plan for the control of soil erosion and sedimentation resulting from a land disturbing activity.

Existing construction means any structure for which the start of construction commenced before the effective date of the ordinance from which this chapter is derived.

Existing manufactured home park or subdivision. See Manufactured home park, existing.

Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads).

Facade means the exterior of a building extending the entire width of the building elevation.

Family means one or more persons occupying a dwelling unitl as a single-housekeeping unit based on an intentionally structured relationship providing organization and stability. A family usually consists of persons who are related by blood, marriage or guardianship; however, a family may also consist of up to four persons who are not so related, or a blend of related and unrelated persons not to exceed six in number. Domestic servants employed on the premises may be housed on the premises without being counted as a separate family or families.

Family, member of, for the purpose of defining conflict of interest, means the spouse, mother, father, brother sister, son or daughter of the Mayor or City Council Member. See Section 8-7-136.

Farming, commercial, means any primary use of a tract or parcel of land for the purpose of raising for sale any types of agriculture products or nursery stock; including, but not limited to, soil crops, fish, fowl, silviculture or livestock.

Fence means an artificially constructed barrier of any material or combination of materials erected to enclose, screen or separate areas. See Section 8-7-85.

Fill means a portion of land surface to which sod or other solid materials has been added: the depth above the original ground.

Financial interest means a direct ownership interest of the total assets or capital stock of a business entity where such ownership interest is ten percent or more.

Finished grade means the final elevation and contour of the ground after grading.

Fitness center and health spa means an enclosed space containing commercial multi-use facilities for conducting activities related to physical fitness and exercise, including but not limited to, the following: weight lifting, aerobic exercises, running, swimming, game courts, and organized instruction performed by state licensed trainers. A fitness center may contain accessory facilities such as locker rooms, showers, saunas, and steam rooms. As a related component a fitness center may contain a health spa employing state licensed practitioners and offering services and facilities such as, but not limited to: massage, body packs and wraps, exfoliation, cellulite and heat treatments, electrolysis, body toning, waxing, aromatherapy, cleansing and detoxification treatments, facial treatments, hydrotherapy, and nutrition and weight management consulting.

Flea market means an occasional or periodic market held in an open area or structure where groups of individual sellers offer goods for sale to the public.

Flood hazard boundary map (FHBM) means an official map of a community, issued by the Federal Insurance Administration, where the boundaries of areas of special flood hazard have been defined as zone A.

Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

Flood insurance study (FIS) means the official report provided by the Federal Emergency Management Agency containing flood profiles, as well as the flood boundary-floodway map and the water surface elevation of the base flood.

Flooding means a volume of surface water that is too great to be confined within the banks or walls of a conveyance or stream channel and that overflows onto adjacent lands.

Floodplain means any land area susceptible to flooding, which would have at least a one percent probability of flooding occurrence in any calendar year based on the basin being fully developed as shown on the current land use plan or the regulatory floodplain, as defined by the National Flood Insurance Program. The more restrictive (wider) of either shall be used.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Floor means the lower horizontal finished surface of each story in a building that is intended to support the contents of the building and its occupants.

Floor area means the sum of the gross horizontal areas of the total number of finished floors of a fully enclosed building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings; excluding cellar space, carports and garages and any space where the floor-to-ceiling height is less than 6½ feet.

Forestry means establishments primarily engaged in the operation of timber tracts, tree farms, forest nurseries, the gathering of forest products or in performing forest services.

Freeway means a multiple-lane roadway carrying local, regional and interstate traffic of relatively high volumes that permit access only at designated interchanges.

Frontage, building, means the width, in linear feet, of each exterior wall of a building that faces a street or public way.

Frontage, road, means the distance on which a parcel of land adjoins a public street or street right-of-way, including proposed streets within a subdivision of land approved by the City.

Full cutoff means a luminaire type that does not allow any light to be emitted or reflected above a horizontal plane, and directs light downward without allowing light to escape upwards where it is no longer useful.

Functional area means that portion of a street approaching an intersection that includes the full length of auxiliary lanes designated exclusively for turning movements at the intersection.

Functionally dependent facility means a facility that cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a dock necessary for the loading and unloading of cargo or passengers from a boat or fish processing facilities. The term "functionally dependent facility" does not include long-term storage, manufacture, sales or service facilities.

Garage, attached, means a garage that shares a common roof with a dwelling unit or that adjoins a dwelling unit with a common wall along a distance of at least ten feet.

Garage, two car, means a permanent enclosed structure having a paved floor area designed with adequate floor area, access and egress for two standard automobiles.

Garbage means the animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.

Gasoline station with convenience store means a gasoline station that includes a retail store that sells a limited line of groceries and household items. See Section 8-7-92.

Glare means light emitted from a luminaire with an intensity great enough to reduce a viewer's ability to see, and in extreme cases causing momentary blindness, or that causes annoyance or discomfort.

Grade means a reference plane representing the average of finished ground level adjoining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or between the building and a point six feet from the building, whichever is closer.

Grade, percentage of, means the rise or fall of a slope in feet and one-tenths of a foot for each 100 feet of horizontal distance.

Grading means altering the shape of ground surface to a predetermined condition; the term "grading" includes stripping, cutting, filling, stockpiling and shaping, or any combination thereof, and shall include the land in its cut and filled condition.

Greenhouse means a building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of plants for subsequent sale or personal enjoyment.

Greenspace means permanently protected areas of a site that are preserved in a natural state, meeting standards of the Georgia Greenspace Program.

Greenway, stream, means an area along the course of any state waters to be maintained in an undisturbed and natural condition for both recreation and conservation that may contain limited minor land disturbances, such as trails and picnic areas.

Ground elevation means the original elevation of the ground surface prior to cutting and filling.

Groundwater recharge area means any portion of the earth's surface where water infiltrates into the ground to replenish an aquifer.

Group home means a residential care facility, other than a personal care home or transitional housing facility that is intended for persons with special needs. In addition to providing food, shelter, and transportation, the group home may also provide foster care, protective custody, rehabilitation, social services or counseling. See Section 8-7-92.

Guest house means an attached or detached accessory building that provides living quarters for guests and may or may not contain a kitchen or cooking facilities. See Section 8-7-92.

Hardship means a condition of significant practical difficulty in using a lot because of physical problems relating solely to the size, shape or topography of the lot in question, which are not economic difficulties and which are not self-imposed.

Height means the vertical distance of a structure other than a building measured from the average elevation of the finished grade surrounding the structure to the highest point of the structure.

Height, building, means the vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the roof if a flat roof; to the deck line of mansard roofs and to the mean height level between eaves and ridge of gable, hip and gambrel roofs. The term "building height" does not include steeples, cupolas, decorative towers, antennas and mechanical equipment attached to a building.

Highest adjacent grade means the highest natural elevation of the ground surface, prior to construction, adjacent to the proposed foundation of a building.

Historic structure or archaeological feature means any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements of individual listing on the National Register;

(2)

Certified or preliminary determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminary determined by the Secretary to qualify as a registered historic district;

(3)

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a.

By an approved state program as determined by the Secretary of the Interior; or

b.

Directly by the Secretary of the Interior in states without approved programs.

Home occupation means an occupation customarily carried on by an occupant of a dwelling unit as a secondary use that is clearly incidental to the use of the dwelling unit for residential purposes, and operated in accordance with applicable provisions of this chapter. See Section 8-7-92.

Hospital means an establishment providing physical or mental health services, in-patient or overnight accommodations and mental or surgical care of the sick or injured. The term "hospital" includes general medical and surgical hospitals, health clinics, and sanitariums. See Section 8-7-92.

Hotel means a premises that consists of one or multiple buildings that are under single management that rents rooms and/or suites intended primarily as sleeping accommodations for public rental on a daily, or weekly basis. All hotels shall maintain a central, internal lobby, and provide daily room cleaning and linen changes. Supportive activities that are customarily incidental and subordinate to the traditional operations of a hotel such as, but shall not be limited to: drinking places, meeting rooms, recreational and fitness facilities, restaurants, retail, swimming pools or other similar facilities/services, may be supplied. Entertainment shall be restricted to karaoke, individual or small group vocalists and/or instrumentalists that provide background music, recorded music, televised programming, et cetera. Motels shall be considered hotels. See Section 8-7-92.

Housing developments for older persons (senior housing) means a housing development containing any combination of attached and detached dwellings that are specifically designed for, intended for, and operated for residents that are 55 years of age or older. Housing developments for older persons are designed for residents to live independently, but with the conveniences and security of community living. Such housing developments should be located within convenient and reasonable distance of most daily uses that are necessary for the ordinary activities of daily living.

Impervious means a material that water cannot pass through or be absorbed by.

Impervious surface means those areas which prevent or impede the infiltration of stormwater into the soil. Common impervious surfaces include, but are not limited to, rooftops, sidewalks, walkways, patio areas, driveways, parking lots, storage areas, awnings and other fabric or plastic coverings, and other surfaces which prevent or impede the natural infiltration of stormwater runoff which existed prior to development.

Impound lot, vehicle, means a secured storage area for vehicles that have been taken under temporary custody of the civil authorities.

Indoor recreation facility means a commercial establishment designed and equipped for the purpose of sports, recreation, amusement, or leisure-time activities and operated entirely within an enclosed building. This term shall include gymnasiums, bowling alleys, skating rinks, video arcades, billiard parlors/pool halls, indoor shooting range, and similar uses not specifically provided for in Section 8-7-90.

Industrial park means a tract of land subdivided and developed according to a comprehensive development plan in a manner that provides a landscaped setting for two or more industrial establishments.

Industrialized building means any structure, or component thereof, that is wholly, or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on a permanent foundation at a building site and which meets all standard technical codes adopted by the State of Georgia and City of Conyers.

Inert waste landfill means a disposal facility regulated by the DNR accepting only wastes that will not cause production of leachate (a liquid that has passed through or emerged from solid waste and contains soluble, suspended or miscible materials removed from such wastes) of environmental concern. Only the following waste may be deposited in the inert landfill: earth and earth-like products, concrete, cured asphalt, rock, bricks, yard trimmings, stumps, limbs and leaves. The term "inert-waste landfill" specifically excludes any transfer stations, recycling stations, household materials or the storage of these items to be taken to another location.

Infiltration means the process of percolating stormwater runoff into the subsoil.

Intermodal terminal facility means an industrial establishment in which freight is transferred in containerized form from trucks to railroad cars or from railroad cars to trucks for transportation. See Section 8-7-92.

Inter-parcel access means a driveway and walkway located on private property that connects the vehicular and pedestrian circulation of two or more parcels.

Joint access driveway means a driveway that provides direct vehicular access to two or more abutting properties from a public street.

Junk means any scrap, waste, reclaimable material or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed of or other use or disposition, but excluding a materials recovery facility that is authorized by the City.

Junkyard means a building, structure, parcel of land, or portion thereof, used for the collection, storage, collection, purchase, sale or salvage or disposal of junk. See Section 8-7-92.

Kennel means a use or establishment for breeding, raising, boarding, caring for or the keeping of dogs and/or other domestic animals for commercial, noncommercial, charitable or personal purposes. See Section 8-7-92.

Kennel, commercial, means a use or establishment for the breeding, raising, boarding, caring for or the keeping of dogs and/or other domestic animals for commercial purposes. See Section 8-7-92.

Kennel, non-commercial, means a use or establishment for the boarding, raising, boarding, caring for or the keeping of dogs and/or other domestic animals for non-commercial, charitable or personal use. See Section 8-7-92.

Kindergarten means a school for pre-elementary school children ranging in age from four through six years.

Kitchen facilities means a room used to prepare food containing, at a minimum, a sink and a stove or oven.

Lamp means the source of illumination in a lighting fixture.

Landscape strip means land area located within the boundary of a lot and required to be set aside and used for landscaping upon which only limited encroachments are authorized. See Section 8-10-11.

Land development means any land change; including, but not limited to, clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, construction, paving and any other installation of impervious cover.

Land development activities means those actions or activities that comprise, facilitate or result in land development.

Land development project means a discrete land development undertaking.

Land disturbance means any land or vegetation changes, including, but not limited to, clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land that do not involve construction, paving or any other installation of impervious surface, but not including agriculture.

Land disturbance activity means those actions or activities that comprise, facilitate or result in land disturbance.

Land disturbance permit. See Permit, land disturbance.

Landfill. See Solid waste handling facility. The term "landfill" includes construction and demolition debris landfill, hazardous waste landfill, industrial waste landfill, inert waste landfill, monofill, sanitary landfill and private industry landfill. The term "landfill" does not include approved on-site disposal of inert waste at a building, land disturbing or development site.

Landfill, construction and demolition waste. See Inert waste landfill.

Landfill, private, means a privately owned and operated landfill for the purpose of profit. This may be any type of solid waste landfill. See Section 8-7-92.

Landfill, sanitary, means a disposal site where solid wastes, including putrescible wastes but not hazardous wastes, are disposed of on land by placing earth covers thereon.

Landfill, solid waste, means a landfill for the disposal of non-hazardous solid waste, including both inert waste landfills and sanitary landfills.

Landing area means the area of an airport or private airstrip used for landing, taking-off or taxiing of aircraft.

Laundromat means a business that provides self-service, coin-operated washing, drying and/or ironing machines for clothing and similar laundry.

LED means light emitting diode.

Library means a public facility for the use, but not sale, of literary, musical, artistic or reference material. See Section 8-7-92.

Light trespass means light emitted by a luminaire that shines beyond the property on which the luminaire is installed.

Liquified petroleum gases, as defined in O.C.G.A. § 10-1-262, means any material that is composed predominantly of any of the following hydrocarbons, or mixtures of the same: propane, propylene, butane (normal butane or isobutene) and butylenes.

Live entertainment means any combination of the following activities performed live by one or more persons for the amusement needs of the public generally, whether for a minimum charge or cover charge, or no cover charge at all, which may include, but shall not be limited to, the following: comedy, dancing, magic acts, musical acts (excluding karaoke), revues, theatrical acts (including plays), et cetera. Adult entertainment shall not be considered a form of live entertainment.

Livestock means any animal raised for food, raw materials or pleasure, and customarily kept on a farm, including, but not limited to, beef and dairy cattle, sheep, swine, poultry, horses, mules, donkeys, goats, turkeys, bison, llama, emus and pot-bellied pigs. See Section 8-7-92.

Loading space means a space within the principal building or on the same lot, providing for the standing, loading or unloading of trucks and other carriers.

Lot means a portion, plot or parcel of land separated from other portions, plots or parcels by description as on a subdivision plat of record or survey map or as described by metes and bounds, and intended for transfer of ownership or for building development. For the purpose of this chapter, the term "lot" does not include any portion of a right-of-way.

Lot, abutting, means touching at one point or along a common side, boundary or property line. Two pieces of property that are separated by a street or right-of-way are adjacent, but not abutting.

Lot, adjacent, means parcels or lots that are either abutting or separated only by a public right-of-way.

Lot area means the total area within the boundaries of a lot.

Lot, conforming, means a designated parcel, tract or area of land that meets the requirements of this chapter.

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

Lot, double frontage, means a lot other than a corner lot abutting two streets.

Lot, flag, orpanhandle lot, means a prohibited lot not meeting minimum frontage requirements and where access to the lot from a public road is achieved by a narrow strip of land.

Lot, interior, means a lot with a single street frontage.

Lot of record means a lot that has been recorded in the Office of the Clerk of the Superior Court, or a parcel of land, the deed of which has been recorded in the Office of the Clerk of the Superior Court.

Lot remnant means any portion or portions of a lot not suitable for building upon because of size or topography and remaining after the transfer of other portions of said lot to adjoining lots or rights-of-way.

Lot, reverse fronting, means a double-frontage lot that is accessed from an interior collector or local street rather than from an adjacent collector or arterial street.

Lot width means the width of a lot at the required front setback line measured parallel to the street right-of-way or in the case of a curvilinear street, parallel to the chord of the arc between the intersection of the side lot lines and the street right-of-way line.

Lowest floor. See Floor, lowest.

Lumen means a measure of brightness.

Luminaire means a complete lighting system, including a lamp or lamps and a fixture. This term shall be interpreted broadly as applying to all exterior electrically powered illuminating devices, exterior lighting or reflective surfaces, lamps and similar devices, permanently installed or portable, used for illumination or advertisement.

Manufactured home means a structure that is transportable in one or more sections which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis; and designed to be used as a dwelling, with or without a permanent foundation when connected to the required utilities; and includes the plumbing, heating, air conditioning and electrical systems contained therein; except that such term "manufactured home" includes any structure which meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC 5401 et seq. See Section 8-7-92. See also O.C.G.A. § 8-2-131.

Manufactured home lot means a parcel of land, approved pursuant to the subdivision requirements of this chapter in a manufactured home park that is intended and used for the placement of a single manufactured home and for the exclusive use of its occupants.

Manufactured home park, existing, means a manufactured home park for which the construction of facilities servicing the spaces on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or before the effective date of the ordinance from which these regulations are derived, or before TBD when the manufactured home park lies within a floodplain.

Manufactured home park or subdivision, new, means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the ordinance from which this chapter is derived.

Massage apparatus means any manual, mechanical, hydraulic, hydrokinetic, electric or electronic device or instrument or any device or instrument operated by manual, mechanical, hydraulic, hydrokinetic of electric power, which is utilized by a massage therapist for the purpose of administering a massage.

Massage establishment means a business properly licensed that is established for profit and employs one or more massage therapists, or operates or maintains for profit one or more massage apparatus, and which, for good or valuable consideration, offers to the public facilities and personnel for the administration of massages. This term "massage establishment" does not include hospitals or other professional health care establishments separately licensed as such by the State.

Massage, massages, or massage therapy, means the systematic and scientific manipulation and treatment of soft tissues of the body, including, but not limited to, the use of effleurage, petrissage, pressure, friction, tapotement, kneading, vibration, range of motion stretches and any other soft tissue manipulation whether manual or by use of massage apparatus, and may include the use of oils, lotions, creams, salt glows, hydrotherapy, heliotherapy, hot packs and cold packs. The term "massage," "massages", or "massage therapy" does not include diagnosis, the prescribing of drugs or medicines, spinal or other manipulations or any service or procedure for which a license to practice chiropractic, physical therapy, podiatry or medicine is required by the State; and does not include activities intended for sexual arousal.

Massage therapist means any person, who for good or valuable consideration, administers a massage.

Massing means the exterior form of a building, a structure or a series of buildings seen as a whole, encompassing bulk, shape, height, width, scale, proportion and the spatial relationships of buildings, landscaping and open space.

Materials recovery facility (MRF) means a solid waste handling facility that provides for the extraction from solid waste of recoverable materials, materials suitable for use as a fuel or soil amendment or any combination of such materials.

Mausoleum means an above-ground structure used for entombment of human remains. See Section 8-7-92.

Mean sea level means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. The term "mean sea level" is synonymous with National Geodetic Vertical Datum (NGVD).

Member of the family. See Family, member of the.

Metropolitan River Protection Act means a State law referenced as O.C.G.A. § 12-5-440 et seq., which addresses environmental and developmental matters in certain metropolitan river corridors and their drainage basins.

Microbrewery (craft brewery) means a building or group of buildings where less than 15,000 barrels of beer per year is brewed, bottled, packaged and distributed for wholesale and/or retail distribution. A barrel equals 31 gallons.

Micro distillery (craft distillery) means a building or group of buildings where less than 50,000 proof gallons of distilled spirits are manufactured (distilled, rectified, or blended), bottled, packaged, and distributed for wholesale and/or retail distribution. A barrel equals 53 gallons.

Mining means the extraction of minerals, including solids such as coal and ores; liquids such as crude petroleum; and gases such as natural gases. The term "mining" includes quarrying; groundwater diversion; soil removal; milling, such as crushing, screening, washing and flotation; and other preparation customarily done at the mine site as part of a mining activity.

Mini-warehouse (public storage) means a building or group of buildings that contain(s) individual, compartmentalized stalls or lockers used for storage, and may include an accessory office at which packing and storage supplies are sold, but which contains no other retail sales on the premises, commercial repair or other services, manufacturing or any other commercial use.

Mixed-use development means development of a single building or single parcel that may contain two or more of the following types of uses: residential, retail/commercial, office, or institutional. Mixed uses may be combined vertically within the same building or placed side by side on the same parcel, provided that they are in close proximity, planned as a unified and complementary whole, and functionally integrated to make use of shared vehicular and pedestrian access and parking areas.

Mobile home. See "Manufactured home."

Modular home. An industrialized building intended for residential occupancy.

Modulation means the rhythmic variation in the massing and fenestration of a building that divides its roofline and facade into small harmonious components that create visual interest, as distinct from the appearance of a large building with a featureless facade built on a single plane with a single roof line. Modulations of a facade should break the vertical plane with variations that are at least two feet in depth, measured from the forward plane of the facade.

Mosque. See Religious assembly.

Municipal sewer system means a sewer system maintained by a public governmental agency.

Municipal water system means a water system maintained by a public governmental agency.

Museum means a building having public significance by reason of its architecture or former use or occupancy or a building serving as a repository for a collection of objects of interest; intended to be used by the public for viewing and that may include as an accessory use the sale of goods to the public. See Section 8-7-92.

National Geodetic Vertical Datum (NGVD) means vertical control used as a reference for establishing varying elevations within the floodplain (as corrected in 1929).

Natural ground surface means the ground surface in its original state before any grading, excavation or filling.

New development means a land development activity on a previously undeveloped site.

Nightclub means a place of business that is authorized to supply live entertainment for the amusement needs of the public generally, and may exclude persons under 18 years of age, and where the preparation and sale of food (including nonalcoholic beverages) and/or alcoholic beverages may be incidental to the provision of such live entertainment. Nightclubs may require a minimum charge or a cover charge. Nightclubs may include, but shall not be limited to: comedy clubs, dance clubs, dinner theaters, discotheques (including teen), et cetera. See Section 8-7-92.

Nonconforming, legal, means a lot, structure or use that does not comply with the current requirements of this chapter but was lawfully established and authorized prior to the adoption, revision or amendment of this chapter. See Section 8-7-96.

Nonconforming lot means a lot that does not conform to the requirements of this chapter. See Section 8-7-96.

Nonconforming structure means any structure that does not conform to the requirements of this chapter. See Section 8-7-96.

Nonconforming use means a use of land or building structure existing at the time of the enactment of the ordinance from which this chapter is derived or at the time of any subsequent amendments, which does not conform with this chapter. See Section 8-7-96.

Nonresidential means a building, use, or zoning district that does not permit residential uses or buildings.

Nursery means establishments primarily engaged in retailing nursery and garden products, such as trees, shrubs, plants, seeds, bulbs and sod, which are predominantly grown elsewhere. These establishments may sell a limited amount of a product they grow themselves.

Nursing home means an institution or a distinct part of an institution that is licensed or approved to provide health care under medical supervision for 24 or more consecutive hours to two or more patients who are not related to the institution's management or its members by marriage, blood, or adoption.

Office, professional, means a land use that includes one or more buildings that are used primarily for services rendered by occupations with specialized knowledge or expertise such as architects, engineers, lawyers, doctors, bankers, realtors, financial and insurance services, and similar services; as opposed to buildings used for manufacturing, storage or sale of goods.

Office-warehouse means a structure that may include space for an office for administration or sales and related space for temporary storage or assembly or repair of goods, equipment or products.

On-site sewage management system means a sewage management system other than a public or community sewage treatment system serving one or more buildings, mobile homes, recreational vehicles, residences, or other facilities designed or used for human occupancy or congregation. The term "on-site sewage management system" includes, without limitation, conventional and chamber septic tank systems, and experimental and alternative on-site management systems that may be approved by the County Environmental Health Department and the County Department of Water Resources.

Open space means areas that are primarily undeveloped and reserved to provide separation, resource protection, scenic enjoyment, recreation or amenity to abutting developed property and that are not included in minimum lot areas required in this chapter.

Open yard storage business. See Junkyard.

Opponent means any person who opposes a zoning action, including but not limited to rezoning, variance, and/or special use approval; including any attorney or other person representing or acting on behalf of a person who opposes a zoning action.

Oppose means to appear before, discuss with or contact, either orally or in writing, any local government or local official and argue against a zoning action.

Outdoor recreation facilities means a facility including greenways, trails, bikeways, paths, tennis courts, ball fields, playfields, courts, golf courses, swimming pools, clubhouses, lockers, equestrian facilities, beaches, docks, seating areas, amphitheaters, stages, band shells, community buildings, picnic shelters, and picnic areas, and other land containing outdoor recreation structures and facilities that are open to the public or to members of the owner or lessor of such facilities.

Outdoor storage means the keeping, in an unenclosed area, of any goods, material, merchandise or vehicles in the same place for more than 24 hours, whether for storage, display, processing or sale. See Section 8-7-92.

Out parcel means in a commercial subdivision, a small lot that is connected to a larger parcel in a planned center. The out parcel has a distinct tenant or use and has frontage on an abutting street, but may or may not be granted direct access to a public street.

Overlay district means a zoning district that encompasses one or more underlying zones and that may vary the requirements, uses and standards of the underlying zone. See Article C of this title.

Owner means the legal or beneficial owner of a site; including, but not limited to, a mortgagee or vendee in possession, receiver, executor, trustee or other person in control of the site.

Owners of record means the owner(s) of property as specified on the deed to the lot of record.

Parcel. See Lot.

Parking, bicycle, means an area in a parking lot or along a sidewalk that is designed and marked for the purpose of securing bicycles in an upright fashion, using a locker or open framework that is permanently attached to the ground and providing secure anchorage for three or more bicycles. Bicycle parking spaces should be in one or more convenient locations within 100 feet of the uses or principal entrances of buildings which they are intended to serve. See Section 8-7-93(g).

Parks and playgrounds means community land, open spaces or recreation areas, whether publicly or privately owned, including such areas represented on a plat of a subdivision as dedicated, reserved or to be reserved for recreational purposes.

Parking lot means any area designed for temporary (less than 48 hours) storage of motor vehicles of the motoring public in normal operating condition.

Parking, off-street, means a temporary (less than 48 hours) storage area for a motor vehicle that is directly accessible to an access aisle and that is not located on a dedicated street right-of-way. See Section 8-7-93.

Parking, on-street, means areas along curbs of a street that are authorized for temporary (less than 48 hours) storage of automobiles belonging to owners, tenants, customers or visitors of adjacent or nearby properties. See Section 8-7-93.

Parking structure means a covered or sheltered structure of two or more stories designed, constructed and used for the parking of automobiles. See Section 8-7-93.

Paved means an area that is covered by asphalt, concrete, brick, or payers meeting the specifications of the Department. Pervious paving materials are subject to approval by the City Manager or his or her designee.

Pawnbroker means any person engaged in whole or in part in the business of lending money on the security of pledged goods, or in the business of purchasing tangible personal property on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time, or in the business of purchasing tangible personal property from persons or sources other than manufacturers or licensed dealers as a part of or in conjunction with the business activities described in this definition.

Pedestrian way means a crosswalk or other areas designed and marked exclusively for pedestrian traffic.

Percentage of grade. See Grade, percentage of.

Perennial stream means a stream that flows throughout the whole year as indicated by a blue line on the USGS quad map.

Permit means the authorization necessary to conduct a land disturbing activity, land development activity, building construction or other activity regulated by the City that requires an official authorization as provided in this chapter.

Permit, building, means a permit issued by the Director, or his or her designee, to the applicant that is required for undertaking any construction, alteration, addition or repair of a structure under the provisions of this chapter.

Permit, land disturbance, means the permit issued by the Director or his or her designee to the applicant that is required for undertaking any land disturbing or land development activity under the provisions of this chapter.

Permitted use. See Authorized use.

Person means any individual, partnership, firm, company, agency, association, committee, group of persons, joint venture, public or private corporation, organization, society, trust, estate, commission, board, public or private institution, utility, cooperative, State agency, Municipality or other political subdivision of this State, any interstate body or any other legal entity.

Personal care home means a building(s) in which is provided housing, meals and 24-hour continuous watchful oversight for one or more ambulatory adults and that is licensed as a personal care home by the Office of Regulatory Services of the State Department of Human Resources, including:

(1)

Personal care home, registered, means a personal care home that offers care to at least one but not more than three persons.

(2)

Personal care home, family, means a personal care home that offers care to at least four but not more than six persons.

(3)

Personal care home, group, means a personal care home that offers care to at least seven but not more than 15 persons.

(4)

Personal care home, congregate, means a personal care home that offers care to 16 or more persons. See Section 8-7-92.

Personal services means establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. The term "personal services" includes, but is not limited to, laundry, including cleaning and pressing service, beauty shops, barbershops, manicure, shoe repair, tanning salons, health clubs, clothing rental, tailor shops and domestic services.

Pervious paving means materials used for surfacing parking lots and driveways that are designed to meet the requirements of materials described in Volume II, Technical Handbook of the Georgia Stormwater Management Manual (First Edition, August 2001) as the porous concrete or modular porous paver systems under the limited application stormwater structural controls.

Pet care services means establishments engaged in providing pet care services (except veterinary), such as boarding, grooming, sitting and training pets. See also Kennel, commercial.

Pets, household, means domestic animals, not including livestock, which are cared for by members of a household for companionship.

Pitch means the ratio of vertical height to horizontal span of a roof. A roof pitch of 4:12 requires that for each foot of horizontal span, the roof shall have at least four inches of height, measured from the eave.

Pitched roof means a roof style other than a flat roof, such as a gable, gambrel, hip, mansard or shed roof.

Place of worship. See Religious assembly.

Plan, concept, means written and graphic documents submitted to the Director for review that document the intent of a developer in a conceptual form, indicating the types, general arrangement and density of uses, extent and pattern of subdivision and the relationship of the intended uses to surrounding tracts.

Planned center means one or more land uses developed under unified control, to be planned, developed, operated and maintained as a whole; having one or more structures with appurtenant common areas.

Planning Commission means the Conyers Planning Commission. See Section 8-7-123.

Plat means a map, plan or layout of a County, City, land lot, lot, tract, parcel or subdivision indicating the location and boundaries of properties and improvements subject to the codification of the ordinance from which this chapter is derived.

Plat, final, means a finished drawing or map of a subdivision or development site plan meeting all of the requirements of the City of Conyers Code of Ordinances and certified as necessary for recording.

Plat, preliminary, means a tentative plan of a proposed subdivision or development meeting the specified requirements of the ordinance from which this chapter is derived and showing the layout in sufficient detail to allow an evaluation of the proposed project.

Playschool means a school for pre-kindergarten children ranging in age from three to four years.

Pre-application conference means an initial and informal stage of development review at which the developer may make known concept plan proposals, and the Director may respond and/or advise the developer concerning the development regulations and other issues related to the development.

Premises means any building, lot, parcel of land or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.

Primary conservation areas. See Conservation areas, primary.

Principal use means the principal purpose for which a lot or the principal building thereon is designed, arranged or intended, and for which it is or may be used, occupied or maintained.

Private drive means a nonpublic, privately owned and maintained access way.

Professional means a person engaged in offering personal services to the public involving specialized knowledge or skill and which requires as a condition precedent, the obtaining of a license or other legal authorization. By way of example, and without limiting the generality of this definition, professional services include services rendered by certified public accountants, public accountants, engineers, chiropractors, dentists, osteopaths, physicians and surgeons, podiatrists, chiropractors, architects, veterinarians, attorneys at law, physical therapists, and insurance agents.

Project improvement means site improvements and facilities that are planned and designed to provide service for a particular development project and that are necessary for the use and convenience of the occupants or users of the project and are not system improvements, as further defined by the Georgia Development Impact Fee Act, O.C.G.A. § 36-71-1.

Project, land development, means the entire proposed development, regardless of the size of the area of land to be disturbed.

Property, adjacent, means property that is either abutting or on the opposite side of a common street, right-of-way or easement that separates it from the subject property. Properties separated by a railroad track or freeway are not abutting or adjacent.

Property interest means the direct ownership of real property, including any percentage of ownership less than total ownership.

Protected river means any perennial river or watercourse with an average annual flow of 400 cubic feet per second, as determined by appropriate U.S. Geological Survey documents. However, those segments of rivers covered by the Metropolitan River Protection Act (O.C.G.A. § 12-5-440 et seq.) or the Coastal Marshland Protection Act (O.C.G.A. § 12-5-280 et seq.) are specifically excluded from the definition of a protected river. In coastal areas, the seaward limit of any protected river shall be the inland limit of the jurisdiction of the Coastal Marshlands Protection Act. See Section 8-7-61.

Protected zone means all lands that fall outside of the buildable area of a parcel; all areas of the parcel required to remain in open space according to the provisions of this zoning chapter or the administrative standards established herein; and all areas required as landscaping strips according to provisions of this zoning chapter or administrative standards established herein.

Protection area orriparian protection area means with respect to a stream, river, lake or impoundment, the combined areas of all required riparian buffers and setbacks applicable to such riparian.

Protective covenants means contracts made between private parties or conditions recorded with an approved plat and running with the title to the land, specifying the manner in which land may be used, developed or improved with the intent of protecting and preserving the physical and economic integrity of any given area. Private covenants are not enforced by the City.

Public facilities means a use conducted by, or a facility or structure owned or managed by, a unit of government and intended to provide for needs of the public.

Public hearing means an official session of any elected or appointed board advertised according to law and called for purposes specified in the public notice at which members of the public are invited to speak.

Public improvement means any street, park, water line, sanitary drainage system or similar improvement installed to serve abutting or nearby private or public property constructed by either a private entity or a public agency and ultimately owned and maintained by a public entity.

Public official means any elected or appointed official of the City or a member of the administrative staff under the direction of the Mayor and City Council that is involved in the administration of this zoning chapter.

Public sewer means a common sewer controlled by a government agency or public utility, such as the County Water and Sewer Authority.

Public street means right-of-way dedicated to or owned by a public government agency for the purpose of providing principal access to abutting property.

Public uses means buildings, structures and uses of land by a unit of government, including, but not restricted to, government administration, water treatment facilities, streets, libraries, public schools, parks, playgrounds, recreation centers and fire stations.

Public utility means any publicly, privately or cooperatively owned line, facility or system for producing, transmitting or distributing communications, power, electricity, light, heat, gas, oil products, water, steam, waste, stormwater not connected with highway drainage, and other similar services and commodities; including publicly owned fire and police and traffic signals and lighting systems, which directly or indirectly serve the public or any part thereof.

Public water system means a system for the provision of piped water to the public for human consumption, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily, at least 60 days out of the year.

Quadrangle map means the most recently published USGS 7.5 minute topographic map prepared at a scale of 1:24,000.

Quarry means a mine where rock, ore, stone and similar materials are excavated for sale or for off-site use. The term "quarry" includes rock crushing, asphalt plants, the production of dimension stone and similar activities. See Section 8-7-92.

Real property means any tract or parcel of land and, if developed, any buildings or structures located on the land.

Recreation areas, active outdoor, means children's playgrounds, amphitheaters, sheltered picnic areas or seating areas, outdoor swimming pools, baseball, softball, football, soccer and other ballfields, tennis courts, outdoor basketball courts, golf courses, driving ranges, track and field facilities and other similar outdoor recreational facilities on a developed site that is designed for group activity or organized athletic activities.

Recreation areas, passive, means multi-use trails, walking paths, meadows, fields, woodlands, nature preserves, gardens, lakes, ponds, and other areas intended for hiking, walking, boating, biking, birdwatching, picnicking and other forms of informal recreation not requiring a developed site. Passive recreation areas have value for recreation, scenic views and conservation because of their predominately natural condition.

Recreational vehicle means a vehicle that is:

(1)

Built on a single chassis;

(2)

400 square feet or less when measured at the largest horizontal projection;

(3)

Designed to be self-propelled or permanently towable by a truck;

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

Recreational vehicle parks and campgrounds means any area that is occupied or intended for occupancy by transients using recreational vehicles, mobile trailers or tents as temporary living quarters for recreation, education or vacation purposes and is open to the public.

Recovered materials processing facility, recycling station, secondary metals recycling station means any facility utilized for the purpose of collecting, sorting, processing and shipping materials to be recycled, including, but not limited to, plastics, glass, paper, aluminum, and any other ferrous or nonferrous metals, whenever such use is principal to the site. See also Section 8-7-92.

Redevelopment means a land development project on a previously developed site but excludes ordinary maintenance activities, remodeling of existing buildings, resurfacing of paved areas and exterior changes or improvements that do not materially increase or concentrate stormwater runoff, or cause additional nonpoint source pollution.

Rehabilitation center means a facility operated for the purpose of assisting in the rehabilitation of disabled persons that provides one or more of the following types of services:

(1)

Testing, fitting or training in the use of prosthetic devices;

(2)

Pre-vocational or conditioning therapy;

(3)

Physical, corrective or occupational therapy;

(4)

Adjustment training or evaluation or control of special disabilities; or a facility in which a coordinated approach is made to the physical, mental and vocational evaluation of disabled persons and an integrated program of physical restoration and pre-vocational training is provided under competent professional supervision and direction.

Religious assembly means a site or facility maintained by a bona fide religious group for the primary purpose of religious worship, study, prayer or other religious practices of such religious group, but excepting schools. Religious assemblies include but are not limited to churches, mosques, synagogues and temples.

Required yard. See Yard, required.

Research and development means a business that engages in research, or research and development, of innovative ideas in technology-intensive fields. Development and construction of prototypes may be associated with this use.

Reservoir means a governmentally owned impoundment of water for the primary purpose of providing water to one or more governmentally owned public drinking water systems. The term "reservoir" excludes the multipurpose reservoirs owned by the U.S. Army Corps of Engineers.

Reservoir boundary means the edge of a water supply reservoir defined by its normal pool level.

Residential district means property zoned in any of the following City zoning districts: RA, RS-20, RS-14, TND, TH, RM, MxD, DE, and GV-RV.

Residential property means a lot in a residential district or a parcel containing one or more existing residential buildings, whether occupied or unoccupied.

Residentially scaled means development patterns that, in the opinion of the Director, are compatible with adjacent residential neighborhoods and are similar in their bulk, design, materials and architectural character with residential buildings.

Restaurant means a place of business that is authorized to prepare, cook and sell food (including nonalcoholic beverages) for immediate consumption either on, or off the premises, and where the preparation and sale of alcoholic beverages for immediate consumption on the premises, may be incidental to the sale of such food, for adequate pay, without a minimum charge or cover charge. Restaurants shall not exclude any person, and shall derive at least 50 percent of its total annual gross sales from the preparation and sale of food. Entertainment customarily incidental and subordinate to the traditional operations of a restaurant such as karaoke, DJs, individual or small group vocalists and/or instrumentalists that provide music, recorded music, televised programming, et cetera, may be supplied for its guests; but in no circumstance shall chairs and/or tables be rearranged for the viewing of such entertainment. Restaurants may include a separate, designated room within the building utilized on a temporary basis to accommodate private events; as used herein, "private event" shall mean a gathering of persons who have been individually invited to the event, and from which persons that are not so invited, are excluded. Food items and alcoholic or nonalcoholic beverages for private events shall be purchased from the restaurant hosting the private event. Any floor area used for dancing, speaking or other similar activities during a private event shall not exceed 100 square feet. Restaurants may include, but shall not be limited to: fast-food restaurants, full-service restaurants or limited service-restaurants.

Restaurant, fast-food, means an establishment that offers quick food service, which is accomplished through a limited menu of items. Orders are not generally taken at the customer's table, and food is generally served in disposable wrapping or containers.

Restaurant, full-service, means establishments primarily engaged in providing food services to patrons who order and are served while seated (i.e., waiter/waitress service) and pay after eating.

Restaurant, limited-service, means establishments primarily engaged in providing food services (except snack and nonalcoholic beverage bars) where patrons generally order or select items and pay before eating. Food and drink may be consumed on premises, taken out, or delivered to the customer's location.

Retaining wall. See Wall, retaining.

Retention facility, stormwater, means a pond, pool or basin used for the permanent storage of stormwater runoff.

Reverse fronting lot. See Lot, reverse fronting.

Rezoning action means an action by the City Council to adopt an amendment to the official zoning map or text of this chapter that has the effect of changing the zoning of real property from one zoning classification to another.

Right-of-way means a strip of land dedicated to, designated, reserved or purchased by the City for the purpose of pedestrian or vehicular access or utility line installation.

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

Riparian means belonging or related to the bank of a river, stream, lake, pond or impoundment.

River bank means the rising ground, bordering a river that serves to confine the water to the natural channel during the normal course of flow.

River corridor means all land, inclusive of islands, not regulated under the Metropolitan River Protection Act (O.C.G.A. §§ 12-5-440 through 12-5-457), or the Coastal Marshland Protection Act (O.C.G.A. §§ 12-5-280 through 12-5-293), in areas of a protected river and being within 100 feet horizontally on both sides of the river as measured from the river banks. The 100-foot buffer shall be measured horizontally from the uppermost part of the riverbank, usually marked by a break in slope. Although not within the measured 100-foot wide buffer, the area between the top of the bank and the edge of the river shall be treated by local governments in the same manner as the river corridor and shall be included within the river corridor protection plan. Because stream channels move due to natural processes such as meandering, riverbank erosion and jumping of channels, the river corridor may shift with time. For the purposes of these standards, the river corridor shall be considered to be fixed at its position at the beginning of each review period for local comprehensive plans. Any shift in the location of the protected river after the start of the review period will require a revision of the boundaries of the river corridor at the time of the next review by the DCA.

Roof pitch means the ratio of vertical height to horizontal span of a roof. A roof pitch of 4:12 requires that for each foot of horizontal span, the roof shall have at least four inches of height, measured from the eave.

Roof, pitched, means a roof style other than a flat roof, such as a gable, gambrel, hip, mansard or shed roof.

Roominghouse/boardinghouse means a building, other than a hotel or bed and breakfast, where, for compensation, meals or lodging and meals are provided for one or more persons who are not part of the operator's family and are not receiving care as in a group home or transitional housing facility. See Section 8-7-92.

Runoff. See Nonpoint source pollution.

Safety lighting means exterior lighting that involves ensuring proper levels of illumination to provide safe working conditions, safe passage, and the identification of outdoor hazards.

Salon means a commercial establishment providing state licensed, professionally administered cosmetology services focusing on hair, nail, or skin treatments. Said treatments may be offered exclusively or in any combination, including, but not limited to the following: chemical hair treatments or coloring, manicures and pedicures, hair waxing or removal, sun or spray tanning facilities, facials, or cosmetic applications. Specifically excluded from this definition are barbers / hairdressers, day spas, and massage parlors.

Sanitary sewer or sewer means a sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions together with minor quantities of groundwater, stormwater and surface waters that are not admitted intentionally.

Satellite dish means a satellite antennas with a spherical, dish shape.

Sawmill means a facility where logs or artially processed boards are sawn, split, shaved, stripped, chipped or otherwise processed to produce wood products, not including the processing of timber for use on the same lot by the owner or resident of that lot.

School means a public or private facility that provides a curriculum of elementary or secondary academic instruction.

School, private, means any building or group of buildings, the use of which meets State requirements for elementary, secondary, or higher education, and which does not secure the major part of its funding from any governmental agency.

School, private residential, means a private school or similar institution that may include residential facilities and accessory kitchen, dining and recreational facilities for program participants. See Section 8-7-92.

Screening means a method of shielding, obscuring or buffering one use or building from another use or building by fencing, walls, densely planted vegetation, natural vegetation, including a transitional buffer or other means; a visual and acoustical barrier that is of such nature and density that provides year-round maximum capacity from the ground to a height of at least six feet.

Secondary conservation areas. See Conservation areas, secondary.

Secretary of the Interior means the Secretary of the U.S. Department of Interior, or his or her designee.

Security lighting means exterior lighting installed solely to enhance the security of people and property.

Semi-cutoff means a luminaire light distribution where the emission does not numerically exceed five percent of the total at an angle of 90 degrees above nadir, and 20 percent at a vertical angle of 80 degrees above nadir. These values apply to all lateral angles around the installed luminaire.

Septic tank means an approved watertight tank designed or used to receive sewage from a building sewer, to affect separation and organic decomposition of sewage solids and discharging sewage effluent to an absorption field or other management system.

Setback means, with respect to a structure abutting a lot line, the shortest distance between the right-of-way of a street or an adjacent property line and the nearest wall of the building or structure on a lot. Buildings may not be placed within a required setback.

Setback, riparian, means, with respect to a stream, river, lake or impoundment, the area extending beyond any riparian buffer applicable to the stream, river, lake or impoundment in which certain structures, including buildings, septic tanks and septic tank drain fields, are prohibited. See Title 12, Chapter 3.

Sewage. See Wastewater.

Sewer means a pipe or conduit that carries wastewater or stormwater.

Shelter, homeless, means a building or buildings in which is provided overnight housing and sleeping accommodations for one or more persons who have no permanent residence and are in need of temporary, short-term housing assistance, and in which may also provide meals and social services including counseling services. See also Transitional housing facility.

Shielding means that no light rays emitted by a fixture above the horizontal plane running through the lowest point of the fixture where light is emitted.

Shopping center means a group of commercial establishments, planned and developed as a unit, with common off-street parking provided on the property.

Sidewalk café means an area on the sidewalk that is associated with an abutting restaurant that contains chairs and tables, and sometimes benches, that is used for the sale and the consumption of food and/or beverages, outdoors. A sidewalk café shall be permitted as an accessory use to a restaurant that is permitted in the D and MxD zoning districts, only. In no circumstance shall any preparation and/or cooking of food and beverages, nor the cooling, refrigeration, storage or any other similar activity related to the preparation and serving of food and/or beverages, occur within the confines of a sidewalk café. See Section 8-7-92.

Site means any plot or parcel of land or combination of contiguous lots or parcels of land.

Site-built home means a dwelling unit constructed on the building site from basic materials delivered to the site, and which is constructed in accordance with the international building code of the International Code Council (ICC).

Slaughterhouses means establishments primarily engaged in slaughtering animals and may include the preparation of meats.

Smart growth means using comprehensive planning to guide, design, develop, revitalize and build communities for all that:

(1)

Have a unique sense of community and place;

(2)

Preserve and enhance valuable natural and cultural resources;

(3)

Equitably distribute the costs and benefits of development;

(4)

Expand the range of transportation, employment and housing choices in a fiscally responsible manner;

(5)

Value long-range, regional considerations of sustainability over short-term, incremental, geographically isolated actions; and

(6)

Promote public health and healthy communities.

Solid waste means any garbage or refuse; sludge from a wastewater treatment plant, water supply treatment plant or air pollution control facility; and other discarded material including solid, semisolid, or contained gaseous material resulting from industrial, commercial, mining and agricultural operations and community activities, but does not include recovered materials; solid or dissolved materials in domestic sewage; solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 USC 1342; or source, special nuclear, or byproduct material as defined by the Federal Atomic Energy Act of 1954, as amended (42 USCA 2011 et seq.).

Solid waste handling means the storage, collection, transportation, treatment, utilization, processing or disposal of solid waste or any combination of such activities.

Solid waste handling facility means any facility the primary purpose of which is the storage, collection, transportation, treatment, utilization, processing, disposal or any combination thereof, of solid waste as approved by Department of Natural Resources.

Spacing between buildings means the horizontal distance between the closest points of two adjacent buildings including protruding eaves, overhangs, cornices, moldings, porches, railings, awnings, canopies, balconies, porches, decks, gutters, downspouts, and mechanical equipment.

Special use means a use listed in this chapter as being permitted, if it meets specified standards and is approved by the City Council.

Stand-alone construction project means construction activities that are not part of a common development where the primary permittee chooses not to use secondary permittees.

Start of construction. See Construction, start of.

State buffer means the area of land immediately adjacent to the banks of State waters in its natural state of vegetation, which facilitates the protection of water quality and aquatic habitat, as referenced in O.C.G.A. § 12-2-8.

State waters means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the State, which are not entirely confined and retained completely upon the property of a single individual, partnership or corporation.

Storage tank, bulk, means an above-ground container used for the storage of large volumes of liquids, solids or gases, which may or may not include such flammable materials as petroleum. See Section 8-7-92.

Storm shelter means a structure or portion of a structure intended to provide protection to human life during periods of danger from storms or other emergencies.

Stormwater orstormwater runoff means any surface flow, runoff and drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation.

Stormwater better site design means nonstructural site design approaches and techniques that can reduce a site's impact on the watershed and can provide for non-structural stormwater management. Better site design for stormwater includes conserving and protecting natural areas and green space, reducing impervious cover and using natural features for stormwater management.

Stormwater management means the collection, conveyance, storage, treatment and disposal of stormwater runoff in a manner intended to prevent increased flood damage, streambank channel erosion, habitat degradation and water quality degradation; and to enhance and promote the public health, safety and general welfare.

Stormwater management facility means any infrastructure that controls or conveys stormwater.

Stormwater management measure means any stormwater management facility or nonstructural stormwater practice.

Story means that portion of a building having a height greater than six feet between the surface of the floor occupied and the ceiling above it; not including cellars, basements, parking or mechanical rooms.

Stream means any perennial or intermittent stream.

Stream bank means the confining cut of a stream channel and is usually identified as the point where the flow has wrested the vegetation.

Street means a way for vehicular traffic, whether designated as an avenue, boulevard, road, highway, expressway, lane, alley or other way; for the purposes of this chapter, streets are divided into major categories.

Street, centerline of, means a line that is halfway between the right-of-way lines of a street.

Street classifications means streets are classified according to the function that they are to serve, the type, speed and volume of traffic they will carry and the required standards of design. Streets and roads are shown in the Rockdale County/City of Conyers Functional Classification System according to their classification. Classifications include:

(1)

Freeway means a high-speed, high-volume, limited-access highway of four or more lanes with grade-separated interchanges with intersecting thoroughfares.

(3)

Arterial means major thoroughfare serving large volumes of traffic, of which a significant proportion is comprised of through trips. Arterial thoroughfares include, but are not limited to, State and Federal numbered routes.

(3)

Collector means an intermediate volume street that carries traffic between local and arterial streets.

(4)

Local street means a street that primarily provides access to individual lots and is not intended to carry through traffic.

(5)

Alley means a private or publicly maintained way of narrow width used for secondary access by service vehicles.

Street, dead end, means a street that must be exited at the same point as is entered but not a cul-de-sac.

Street, future right-of-way, means the right-of-way line that has been projected and established as being required for any street, existing or future, under the Rockdale County/City of Conyers Functional Classification System.

Street or road, private, means any privately owned and maintained right-of-way set aside to provide vehicular access, including safety and emergency equipment, which is not dedicated to the City or maintained by the City and meets the provisions listed in Chapter 6 of this title.

Street or road, public, means any right-of-way set aside for public travel as defined in O.C.G.A. § 32-1-3(24).

Street, stub, means an extension of the right-of-way of a street in a subdivision extending to the property boundary of the tract being developed and intended to provide continuity of the street pattern between subdivisions or between the individual phases of the same subdivision.

Structure means any fixed object that is constructed or erected on the ground or attached to something on the ground, including, but not limited to, towers, fences, posts, walls and walled or roofed buildings, but not including tents, flags, balloons, vehicles, trailers or mobile homes.

Structure, accessory, means a structure detached from the principal building located on the same lot and customarily incidental and subordinate in area, extent and purpose to the principal building or use. Where a structure is attached to the main building in a substantial manner, as by a wall or roof, such structure shall be considered part of the main building.

Structure, flood-prone, means a walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank.

Subdivider means any person, firm, corporation or duly authorized agent or other legal entity who undertakes the subdivision of land as defined in this chapter.

Subdivision means the division of a lot of record at the time of enactment of this chapter into two or more lots, building sites or other divisions for the purpose, whether immediate or future, of sale, legacy or building development; and includes all division of land involving a new street or a change in existing streets, and includes re-subdivision; and, where appropriate to the context, relates to the process of subdividing or to the land or area subdivided.

Subdivision plat means a drawing prepared by a land surveyor currently registered in the State indicating a proposed division of a tract or parcel of land into two or more lots, building sites or other divisions for the purpose of sale, legacy, gift or division in kind, or building or other development.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its condition before being damaged would equal or exceed 50 percent of the market value of the structure before the damage occurred. Market value may be determined from tax appraisal or other estimate provided by a certified professional appraiser.

Substantial improvement means any combination of repairs, reconstruction, alteration or improvements to a building, taking place during the life of a building, in which the cumulative cost equals or exceeds 50 percent of the market value of the building. The market value of the building should be the appraised value of the building prior to the start of the initial repair or improvement or, in the case of damage, the value of the building prior to the damage occurring. The term "subdivision improvement" includes structures that have incurred substantial damage, regardless of the actual repair work performed. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences; whether that alteration affects the external dimensions of the building. The term "subdivision improvement" does not, however, include any project for improvement of a building required to comply with existing health, sanitary or safety code specifications that have been identified by the Code Enforcement Official and which are solely necessary to ensure safe living conditions.

Substantially improved existing manufactured home parks or subdivisions means where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.

Summer camp means an indoor or outdoor facility providing recreational, educational, religious, artistic, athletic, or specialty activities for children during the summer vacation period as established by the Rockdale County School System. This definition includes both day camps and overnight camps.

Surface water means waters of the State located on the ground surface such as lakes, reservoirs, rivers, streams and creeks.

Swimming pool means a facility designed and intended for water contact activities that serves the public, a club or other membership-based organization. See Section 8-7-92.

Swimming pool, home, means a facility designed and intended for water contact activities that serves a single-family dwelling. See Section 8-7-92.

Synagogue. See Religious assembly.

Teen dance club means an establishment not licensed for alcoholic beverages primarily engaged in providing entertainment with dancing for teenagers, including such establishments that may operate as private organizations with membership lists, fees or dues, or other entry requirements.

Telecommunications tower. See Sections 8-7-98 through 8-7-106.

Temple. See Religious assembly.

Temporary building means a structure without any foundation or footings that is removed when the designated time period, activity or use for which the temporary structure was erected has ceased. See Section 8-7-92.

Temporary use means land uses established for a limited duration with the intent to discontinue such use within a designated time period. See Section 8-7-92.

Temporary use, commercial, means commercial uses established for a limited duration with the intent to discontinue such use within a designated time period. See Section 8-7-92.

Timber harvesting means the felling, loading and transporting of timber products for gain. The term "tree harvesting" includes forestry, silviculture, selective tree harvesting and thinning of trees as prescribed by best management practices of the Georgia Forestry Commission.

Townhouse or row house means a single-family dwelling unit that is erected in a row as part of a single building consisting of three or more dwellings on adjoining lots, each being separated from the adjoining unit or units by an approved fire resistant party wall or walls extending from the basement or cellar floor to the roof.

Traffic calming means any of a number of techniques designed to slow vehicular traffic and divert it to more desirable routes, while promoting pedestrian safety and use of public rights-of-way by pedestrians.

Trail, bike. See Trail, multi-use.

Trail, multi-use, means a corridor designed for one or more alternative forms of transportation, including pedestrians, joggers, skaters and slow-moving vehicles such as strollers, bicycles and golf carts, that is located on a separate lane or right-of-way.

Transitional housing facility means a building or buildings in which is provided long-term, but not permanent, living accommodations for one or more persons who have no permanent residence and are in need of long-term housing assistance; and in which may also be provided meals and social services, including counseling and substance abuse recovery assistance. See Section 8-7-92.

Tree means any self-supporting, woody perennial plant usually having a single trunk diameter of 1½ inches or more that normally attains a mature height of a minimum of ten feet.

Tree density means a unit of measure used to prescribe and calculate required tree coverage on a site. The unit measurements are based upon tree size.

Truck, heavy, means trucks, including truck tractors and similar vehicles with two or more rear axles.

Truck, light, means trucks and similar vehicles with single rear axles and single rear wheels.

Truck stop means 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 primarily for such commercial vehicles and the sale of accessories or equipment for trucks and similar commercial vehicles. A truck stop may also include overnight accommodations and restaurant facilities. See Section 8-7-92.

Tutoring center means an educationally oriented facility that provides scheduled, personalized academic instruction and assistance to school-age youths. Services offered at such establishments include, but are not limited to, instruction in academic subjects, assistance with school homework and classroom assignments, test preparation courses, electronic testing, and similar activities. Specifically excluded from this definition are day care centers or facilities, youth development centers, recreational facilities, counseling offices, religious assemblies, or civic organizations.

Use means the purpose or activity for which land or buildings are designed, arranged, or intended or for which land or buildings are occupied or maintained.

Use, accessory, means a use of land or a building, or portion thereof, customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.

Utility means public or private water or sewer piping systems, water or sewer pumping stations, electric power lines, fuel pipelines, telephone lines, roads, driveways, bridges, river/lake access facilities, stormwater systems, railroads, similar services and all equipment and structures necessary to provide such services for utilities licensed or authorized to serve the City.

Variance means a grant of relief of the terms of this chapter pursuant to Section 8-7-129 that will not be contrary to the public interest and where, owing to conditions peculiar to the property (and not the applicant), a literal enforcement of the regulations would result in unnecessary and undue hardship.

Vehicle means a mechanical device with wheels or treads for transporting people and/or loads. The term "vehicle" includes automobiles, motorcycles, trucks, cranes, earth moving equipment, trailers and other similar conveyances.

Vehicle, commercial, means a vehicle greater than 30 feet in length with six or more wheels, including the cab portion of a tractor-trailer with or without the trailer, but not including light duty delivery trucks or school buses.

Waiver means the relinquishment or modification of any specific provision of this chapter by the City Council or the Director for a specific development subject to this chapter.

Wall, foundation, means a wall constructed on footings or piers and designed to bear the load of a building or major structure.

Wall, retaining, means a structure constructed and erected between lands of different elevations to protect structures and/or to prevent erosion, and not used as a foundation.

Wall sign. See Sign, wall.

Wastewater means the spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions; together with any groundwater, surface water and stormwater that may be present.

Wastewater facilities means the structures, equipment and processes required to collect, carry away and treat domestic and nondomestic wastewater and to dispose of the effluent.

Wastewater system means the total wastewater disposal facilities owned and operated by a public agency, such as the Rockdale County Water and Sewer Authority, also the administrative framework that operates the facilities.

Watercourse means any natural or artificial watercourse, stream, river, creek, channel, ditch, canal conduit, culvert drain, waterway, gully, ravine or wash in which water flows either continuously or intermittently and which has a definite channel, bed and banks; including any area adjacent thereto subject to inundation by reason of overflow or floodwater.

Water supply reservoir means a governmentally owned impoundment of water for the primary purpose of providing water to one or more governmentally owned public drinking water systems. The term "water supply reservoir" excludes the multipurpose reservoirs owned by the U.S. Army Corps of Engineers.

Water supply watershed means the area of land upstream of a governmentally owned public drinking water intake.

Water system means the public water treatment and distribution facilities of the City; also the administrative framework that operates the facilities.

Watershed means the land area that drains into a particular stream, river, lake or impoundment. See Section 8-7-64.

Well means an excavation or opening into the ground by which groundwater is sought or obtained.

Wetlands means those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.

Wetlands, jurisdictional, means wetlands subject to permits issued by the U.S. Army Corp of Engineers.

Window, drive-through, means an opening in the wall of a building or structure designed and intended to be used to provide for sales to and/or service to patrons who remain in their vehicles.

Window sign. See Sign, window.

Yard means an open space between the property line and a required building setback line on the same lot with a principal building; such space being open, unoccupied and unobstructed by buildings or structures from ground to sky except for authorized landscaping, driveways, parking, sidewalks, signs, lighting standards, encroachments and accessory buildings that are expressly permitted.

Yard, front, means a yard extending the full width of the lot measured at the front yard line and situated between the right-of-way line of the abutting street and the front yard line of the principal building. See Section 8-7-84.

Yard line means a line drawn parallel to a lot line at a distance equal to the depth of the required yard.

Yard, rear, means a yard extending the full width of the lot at the rear yard line and extending from the rear line of the lot to the rear yard line of the principal building.

Yard, required, means the open space between a lot line and the yard line within which no structure shall be located, except as provided in this chapter.

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

Youth center means a supervised facility offering a variety of structured programs and courses for school-age youths for personal and social development. Services offered include, but are not limited to: personal enrichment courses, leadership training, academic tutoring, mentoring programs, life skills training, service learning, organized recreational and leisure time activities, arts and crafts programs, vocational guidance, and social and civic clubs. Specifically excluded from this definition are day care centers or facilities, tutoring centers, recreational facilities, counseling offices, religious assemblies, or civic organizations.

Zoning district means one or more sections of the City, as delineated and designated on the zoning maps, within which the zoning regulations are uniform.

Zoning maps means a series of numbered maps of the City, each entitled Zoning Map, City of Conyers, Georgia; the numbers indicating location on an index map.

(Code 1990, § 8-7-15; Ord. No. 693, 8-18-2004; Ord. No. 714, 11-16-2005; Ord. No. 781, § I, 12-17-2008; Ord. No. 791, § 1, 6-17-2009; Ord. No. 814, § 1, 11-17-2010; Ord. No. 904, §§ 1, 2, 2-6-2013; Ord. No. 910, § 1, 2-20-2013; Ord. No. 922, § 1, 4-17-2013; Ord. No. 926, § 1, 5-15-2013; Ord. No. 942, § 1, 10-16-2013; Ord. No. 970, § 3, 9-17-2014; Ord. No. 1000, §§ 5—35, 11-18-2015; Ord. No. 1006, § 1, 4-20-2016; Ord. No. 1017, § 1, 6-15-2016; Ord. No. 1021, § 1, 7-20-2016; Ord. No. 1022, § 1, 7-20-2016; Ord. No. 1023, § 1, 7-20-2016; Ord. No. 1029, § 1, 8-17-2016; Ord. No. 1060, §§ 1, 2, 4-19-2017; Ord. No. 1070, § 1, 5-17-2017; Ord. No. 1088, § 1, 9-20-2017; Ord. No. 1110, §§ 1, 2, 1-17-2018; Ord. No. 1139, § 1, 8-15-2018; Ord. No. 1190, § 1, 3-18-2020; Ord. No. 1353, § 1, 3-20-2024; Ord. No. 1418, § 1, 3-19-2025; Ord. No. 1446, § 3, 9-17-2025)

The following abbreviations shall have the designated meanings:

(Code 1990, § 8-7-16; Ord. No. 693, 8-18-2004)