Words used in the present tense include the future tense. Words used in the singular include the plural, and words used in the plural include the singular.

The word "person" includes a firm, partnership, company, corporation or association.

The word "lot" includes the word "plot" or "parcel".

The word "building" includes the word "structure".

The word "shall" is always mandatory, and not merely discretionary.

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

Accessory Building. A detached, subordinate structure, the use of which is clearly incidental to, customarily associated with, and related to the principal structure or use of the land; and which is located on the same lot as the principal structure or use, including residential swimming pools.

Administrator, Zoning. The person, officer, or official and his authorized representative, whom the County Commission has designated as its agent for the administration of these regulations. (See Section 12-1)

Agriculture. The production, keeping or maintenance, for sale, lease or personal use, of plants and animals useful to man, including but not limited to: forages and sod crops, grains and seed crops; dairy animals and dairy products, poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, goats, or any mutations or hybrids thereof, including the breeding and grazing of any or all such animals; bees and apiary products, fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program. Retail selling of products raised on the premises shall be considered a normal accessory activity provided that space adequate for the parking of customer's vehicles shall be provided off the public right-of-way.

Arcade. A business premises which provides for public use more than five video games, pinball machines, crane machine games as defined by state law, or bona fide coin operated amusement games, as that term is defined by this ordinance. Other business may provide such games, but any business premises providing more than five such games shall be treated as an arcade under the zoning ordinance and only allowed in the appropriate zoning classification for arcades.

Assisted-Living Facility. A residential facility that provides an array of coordinated supportive personal and health care services, available 24-hours per day, to residents who need any of these services. Such facility does not include nursing homes, or group homes for persons with a disability.

Boarding or Rooming House. A building dedicated to the lodging or feeding or both of five or more non-transient persons or separate families as defined herein for compensation.

Bona fide amusement device games. This term has the same meaning ascribed to it by state law at O.C.G.A. 16-12-35 and O.C.G.A. 48-17-1, as they may be amended from time to time, except that, for any game or device which accumulates points or winnings over multiple plays of a game, in no case shall such game or device be allowed to award tokens, vouchers, or tickets for non-cash merchandise, prizes, toys, gift certificates, or novelties having a wholesale value in excess of $5.00, regardless of the number of plays during which points or winnings are accumulated.

Buffer Area; Buffer Strip. That portion of a given lot, not covered by buildings, pavement, parking, access and service areas, established as landscaped open space for the purposes of screening and separating properties with incompatible land uses, the width of which is measured from the common property line and extends the developed portion of the common property line. A buffer consists of trees, shrubs, and other natural vegetation undisturbed by grading or site development and replanted where sparsely vegetated or where disturbed for approved access and utility crossings.

Building. Any structure, except a manufactured home or mobile home, which has a roof and which is for the shelter, support or enclosure of persons, animals, or property of any kind.

Building Height. The vertical distance of a building measured from the average elevation of the finished lot grade along the front of the building to the highest point of the building.

Church. A building in which persons regularly assemble for religious worship intended primarily for purposes connected with such worship, or for propagating a particular form of religious belief.

Club, or Lodge, Private. An incorporated or unincorporated association for civic, social, cultural, religious, fraternal, literary, political, recreational, or like activities, operated for the benefit of its members and not open to the general public.

Comprehensive Plan. The 2015 Greater Cook Comprehensive Plan, as duly adopted and subsequently amended by the respective member governments of Cook County. This plan includes Future Land Use Plans and Short-Term Work Programs for each respective local government, including Cook County.

Curb Cut. The providing of ingress and/or egress between property and an abutting public street.

Density. The overall intensity of land use for the total project. When referring to residential areas, density is defined as the number of housing units permitted per acre in the respective zoning district involved in accordance with the terms of this zoning ordinance or as authorized under the development standards of this ordinance.

Disability. A physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such an impairment or being regarded as having such an impairment. A "disability" does not include current illegal use of, or addiction to, any federally controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C. 802 or successor law. "Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. "Has a record of such an impairment" means has a history of, or has been classified as having, a mental or physical impairment that substantially limits one or more major life activities.

District. Within the concept of zoning, a delineated section or sections of Cook County for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards and the intensity of use are uniform.

Dwelling, Single Family. A detached building used and either designed or constructed for one dwelling unit.

Dwelling, Manufactured Housing Park. An area, under single ownership and not subdivided into customary lots planned for individual ownership, containing three or more manufactured homes used as living facilities having a defined space, or an area containing three or more spaces designed or intended for parking of manufactured homes to be used as living facilities for rent or lease.

Dwelling, Mobile Home. A manufactured home built before June 15, 1976. They do not meet current building codes.

Dwelling, Two Family, or Duplex. A building either designed, constructed, altered, or used for two adjoining dwelling units that are connected by a fire rated common wall and/or if two stories in height by a fire rated common floor.

Dwelling Unit. An enclosure of one (1) or more rooms, including kitchen and bathroom facilities, designed or constructed as a unit for residential occupancy by one (1) family.

Family. One or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house, hotel, or fraternity or sorority house.

Farm. A tract of land at least ten (10) acres in size devoted to agricultural purposes.

Flea Market. An outdoor and/or indoor facility established for the purpose of selling at retail such new or used items as household goods, tools, crafts or any other combination of new or used goods. These markets, sales and displays are those that occur continuously or frequently, and specifically more than two times per year, normally at a fixed location where a proprietor, partnership, or corporation leases to vendors a booth, commercial staff or designated area from which the vendor markets his/her goods.

Floor Area, Gross. The total number of square feet of floor area in a building determined by horizontal measurements between the exterior faces of walls, excluding basement areas, attic, porches, carports, and garages.

Garden, Private. A non-commercial private garden which is an accessory use to the primary use of the zoning district. The primary use must be present at the same location as the garden in any zoning district with the exception of agricultural zoning districts.

Group Home for Persons with a Disability. A residence in which three or more persons with disabilities reside and which is licensed by the State Department of Human Resources as a personal care home under Title 31.

Group Home (Non-Disability). Any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service and one or more personal services for two or more adults who are not related to the owner by blood or marriage and falls under the jurisdiction of the Georgia Department of Human Resources, but that does not meet the definition of "Group Home for Persons with a Disability".

Guest or Servant Quarters. A detached, subordinate building, located within the rear yard, designed to provide living accommodations for either domestic help in the employment of the property owner, or for guest facilities. In the AU zoning district, there is no maximum size limitation on guest or servant quarters. In all other zoning districts in which they are allowed, guest or servant quarters shall not exceed seventy-five percent of the required minimum gross floor area per dwelling unit for the respective zoning district.

Homeless Shelter. A facility either (1) operated, licensed or contracted by a government entity, or (2) operated by a charitable, non-profit organization, which, for no compensation provides temporary lodging, meals, and counseling to individuals and groups such as the homeless, pregnant teenagers, victims of domestic violence, neglected children, and runaways. Temporary lodging is typically less than thirty (30) days.

Home for the Aged. A use comprising building or buildings providing dwelling units for persons over a certain minimum age, where no domiciliary care, nursing care, or other assistance is provided.

Home Occupation/Home Based Business/Rural Home Occupation. An occupation for gain or support customarily conducted on the premises by a person or family residing therein. These uses are governed by the requirements of Sections 9-1, 9-2 and 9-3. Home occupations/Home Based Business/Rural Home Occupations are permitted uses as a matter of right in certain districts pursuant to the schedules of use under Section 5-1.1, only after review and approval by the Zoning Administrator. (See Sections 9-1, 9-2 and 9-3).

Hospice. A use, other than uses fitting the description of Nursing Homes or Group Homes for Persons with a Disability, in which domiciliary care is provided with support and supervisory personnel that provide room and board, personal care and rehabilitation services in a family environment for persons not meeting the definition of handicapped under the Fair Housing Act, 42 U.S.C. § 3601 et seq.

Hospital. Any institution receiving in-patients, or a public institution receiving out-patients, and authorized under Georgia law to render medical, surgical, and/or obstetrical care. The term "hospital" shall include a sanitarium for the treatment and care of senile psychotics or drug addicts, but shall not include office facilities for the private practice of medicine or dentistry.

Industrialized Building. Industrialized building describes certain manufactured buildings which are regulated by the Georgia Department of Community Affairs. Georgia law defines an Industrialized Building as "any structure or component thereof which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without dis assembly, damage to, or destruction thereof." Industrialized buildings are constructed and regulated in accordance with the "Industrialized Buildings Act", Georgia Law 1982 (Official Code of Georgia Annotated, Title 8, Chapter 2, Article 2, Part 1). An industrialized building must meet all requirements of the District in which it is located. Industrialized buildings designed for residential uses are often referred to as "modular homes". For the purposes of enforcement of this ordinance, industrialized residential homes shall be subject to the same standards as site built homes.

Institutional-Residential Uses. Institutional-Residential Uses are uses that provided residential living space or dwelling units for persons in an institutional or group setting, and include Assistant Living Facilities; Group Homes for a person with a Disability; Group Home (Non-Disability); Homeless Shelter; Home for the Aged, Hospice; Nursing Home; Orphanage; Residential Rehabilitation/ Treatment Facility.

Internet Sweepstakes Café. Any business premises upon which patrons may use internet sweepstakes devices which provide the ability of a player to win a cash or non-cash prize for participation in a no-skill game after the payment of cash or other consideration or the payment for merchandise or services, including, but not limited to, phone cards or internet time or payment for time to use such sweepstakes devices, even if others can participate for free.

Internet Sweepstakes Device. A computer, mechanical device, or electronic device which may be operated by the public generally for gaming purposes using no-skill and including anything that uses energy and is capable of displaying information on a screen or other mechanism that can be viewed by a person in order to enter a sweepstakes, or like contest, including viewing information which would notify the person that the person is eligible, will receive, or is entitled to receive a prize. Machines designated for use by the State Lottery Commission and machines falling under the definition of "bona fide coin operated amusement machines" under state law shall not fall under the definition of "Sweepstakes Device."

Junk Yard. Use of property for outdoor storage, keeping, abandonment, sale, or resale of junk including scrap metal, rags, paper or other scrap materials, used lumber, salvaged house wrecking, and structural steel materials and equipment, or for the dismantling, demolition, or abandonment of automobiles or other vehicles or machinery or parts thereof. For the purposes of enforcement of this ordinance, junk yard means anywhere three (3) or more vehicles not in running condition, or the parts thereof, or household appliances are stored in the open or in open buildings. Buffers are required for all junk yards. (See Section 9-9)

Kennel. Any location where boarding, caring for, and keeping of more than a total of three dogs or cats, or other small animals or combination thereof (except litters of animals of not more than six months of age) is carried on for compensation, and also raising, breeding, caring for, or boarding of dogs, cats, or other small animals for commercial purposes. Whenever more than ten dogs, cats or other small animals, in any combination are kept on a single lot, it shall be deemed to be a commercial kennel regardless of whether or not the property owner derives compensation from keeping the animals.

Kennel, Non-Commercial. Any location where the boarding, caring for and keeping of more than three but not more than ten dogs or cats or other small animals or combination thereof (except litters of animals of not more than six months of age) is carried on, not for commercial purpose, but as a hobby such as the raising of show and hunting dogs.

Licensed Day Care Center. A day care center licensed by the State of Georgia and/or Cook County that provides care, training, education, custody, treatment or supervision for children under fourteen (14) years of age, where such children are not related by blood, marriage or adoption to an owner or operator of the facility.

Lot. A lot of record, held in a single ownership by one person, or in common ownership by more than one, which has both lot area and lot dimensions equal to or greater than the lot width and lot area requirements established by this ordinance for the zoning district in which such tract of land is located and for the use proposed for the tract of land. (See Section 3-21)

Lot, Corner. A lot having frontage on two (2) or more public streets at their intersection. (See Section 3-11)

Lot of Record. A lot which is part of a subdivision recorded in the office of the Clerk of the Superior Court of Cook County, or a parcel described by metes and bounds, the description of which has been so recorded prior to the adoption of this ordinance. (See Section 3-21)

Lot, Through. A lot other than a corner lot, having frontage on more than one (1) intersecting street; or a corner lot having frontage on three (3) or more streets.

Lot Width. The distance between the side lot lines, measured along the front yard setback line as established by this ordinance, or if no setback line is established, the horizontal distance between the side lot lines measured along the street right-of-way line.

Manufactured Home. A structure, transported 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 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 shall include any structure which meets all the requirements of this paragraph 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 U.S.C. Section 5401, et seq.

Minor. Any person under eighteen (18) years of age.

Newspaper or Periodical Production, Sales, and Distribution. The operation of newspaper or periodical business including the production, sales, and distribution thereof, including all necessary press work. Such term includes but is broader than newspaper or periodical publishing.

Newspaper or Periodical Publishing. This term is narrower in scope than newspaper or periodical production, sales and distribution. The term does not include press work, sales or distribution and is limited to the composition, layout and non-press work printing of a newspaper or periodical.

Night Club (Lounge). A place of entertainment open at night, usually serving food and alcoholic beverages and providing music and space for dancing.

Nursery School. An agency, organization, or individual providing daytime care of seven or more children, where a State license is required, not related by blood or marriage or not the legal wards or foster children of the attendant adult.

Nursing Home. A long term residential facility for elderly, or otherwise ill persons which may include some or all of the following: individual dwelling units, living and sleeping rooms, a common dining room, skilled nursing care, residential facilities, and transportation for social and medical purposes. Such facility does not include an Assisted Living Facility, a Hospice, a Group Home for Persons with a Disability, or a Group Home, Non-Disability.

Open Space. That required portion of a lot at ground level, unoccupied by enclosed buildings and available to all occupants of the project. This space shall not be devoted to driveways or off-street parking but shall be usable for green space, recreational use and other leisure activities normally carried on outdoors.

Orphanage. A facility having the purpose of providing support and shelter to persons who have lost one or both of their parents. This definition does not include residential households serving as foster homes regulated by the Georgia Department of Human Resources.

Owner(s). If a sole proprietorship, the proprietor, if a partnership, all partners (general and limited); if a corporation, all officers, directors and persons holding at least ten percent (10%) of the outstanding shares.

Planning Advisory Commission. As utilized in this ordinance, the Planning Advisory Commission shall mean the Greater Cook Planning Advisory Commission as duly appointed by the member governments of Cook County, Georgia.

Pre-Owned Manufactured Home. Any manufactured home that has been previously used as a residential dwelling and has been titled.

Principal Building. The building containing or to contain the principal use of a lot.

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

Public Street. Right-of-way dedicated to the city, county, state or federal government or owned by the city, county, state or federal government for public street purposes.

Residential. Pertaining to the use of land, means premises such as homes, town homes, patio homes, manufactured homes, duplexes, condominiums or apartment complexes or single room rental units, which contain habitable rooms for non-transient occupancy and which are designed primarily for living, sleeping, cooking, and eating therein.

Residential Rehabilitation/Treatment Facility. A residential facility to provide rehabilitation, treatment, or counseling services. Without limitation, such services may include rehabilitation, treatment, counseling, or assessment and evaluation services related to delinquent behavior, alcohol and drug abuse, sex offenders, sexual abuse, mental health, behavioral dysfunctions, emotional or psychological problems, or other similar facilities.

School. A facility where persons regularly assemble for the purpose of instruction or education including any playgrounds, stadiums, or other structures and grounds used in conjunction therewith. This shall include but not be limited to public and private schools used for primary, secondary, or post-secondary education.

Setback. The shortest distance between the centerline of a street and the principal building or structure on a lot.

Shopping Center. Two (2) or more commercial establishments planned and managed as a single unit with off-street parking and loading facilities provided on the property.

Special Exception. A special exception is a use which within certain districts specified by this ordinance is not permitted as a matter of right but may be permitted within these districts by the Cook County Commission after the Planning Advisory Commission and County Commission have: (1) reviewed the proposed site plans for the use, its location within the county, its arrangement and design, its relationship to neighboring property and other conditions peculiar to the particular proposal which would determine its desirability or undesirability; (2) has found the proposal not to be contrary to the intent of this ordinance; and (3) has approved the use as specified.

Street. A thoroughfare which affords traffic circulation and principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley. A public street is a street accepted by dedication or otherwise by the governing body. A private street is a street not so accepted.

Structure. Anything constructed or erected with a fixed location on or in the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, manufactured homes, billboards, swimming pools, and fall-out shelters but does not include walls or fences.

Tourist Home (Bed and Breakfast). A dwelling in which sleeping accommodations are provided or offered to transient visitors for compensation.

Trailer, Travel Type. A vehicle or trailer designed to be used as a temporary dwelling for travel, recreation and vacation purposes.

Variance. A variance is a relaxation of the dimensional and/or development standards of the zoning ordinance that will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the intentional actions of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship. (See Section 13-6.2)

Yard, Front. That area of a lot lying between the abutting street right-of-way line and the principal building of the lot and extending across the front of a lot from side lot line to side lot line. (See following illustration)

Yard, Rear. That area of a lot extending across the rear of a lot from side lot line to side lot line and lying between the rear lot line and the principal building on the lot. (See following illustration)

Yard, Side. That area of a lot between the side lot line and the principal building on the lot extending from the front yard to the rear yard. (See following illustration)

Front, Rear and Side Yards on a Lot