This chapter shall be known and may be cited as "The Zoning Ordinance of the City of Cornelia, Georgia."

(Ord. No. 12-22-20, 1-5-2021)

Except as specifically defined herein, or in other sections of this chapter containing definitions, all words used in this chapter have their customary dictionary definitions. Unless otherwise expressly stated, the following words shall have the meaning herein indicated.

(1)

Words used in the present tense include the future tense.

(2)

Words used in the singular number include the plural and words used in the plural number include the singular.

(3)

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

(4)

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

(5)

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

(6)

The word "shall" is mandatory, not directory.

(7)

The words "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."

(8)

The word "zoning map" or "Cornelia Zoning Map" shall mean the "Official Zoning Map of the City of Cornelia, Georgia."

(9)

In cases where another article of this chapter contains a section on definitions, the definitions of this chapter shall still apply, unless the context clearly indicates otherwise.

(Ord. No. 12-22-20, 1-5-2021)

Abutting. Having property lines in common, or having property separated by only an alley. Separation by a street right-of-way is not considered abutting.

Accessory apartment, attached. A second dwelling unit that is added to the structure of an existing site-built single family dwelling, for use as a complete, independent living facility for a single household, with provision within the attached accessory apartment for cooking, eating, sanitation and sleeping. Such a dwelling is considered an accessory use to the principal dwelling.

Accessory apartment, detached. A second dwelling unit that is added to an existing accessory structure (e.g., residential space above a detached garage), or as a new freestanding accessory building, for use as a complete, independent living facility for a single household, with provision within the attached accessory apartment for cooking, eating, sanitation and sleeping. Such a dwelling is considered an accessory use to the principal dwelling.

Accessory structure. A structure detached from a principal building located on the same lot and incidental and subordinate to the principal building or use on the lot.

Adaptive reuse. Rehabilitation or renovation and occupancy of an existing building(s) or structures for use(s) other than the present use(s).

Adult entertainment. As defined in the Cornelia City Code, adult entertainment.

Adult entertainment facility. Any establishment in the City of Cornelia where adult entertainment is sponsored, allowed, encouraged, condoned, presented, sold, or offered to the public.

Agriculture. The cultivation or growth of a field or horticultural crop, farm forestry, and raising of livestock, but specifically excluding poultry, swine, sheep, and cattle.

Alley. A public or private thoroughfare which affords only a secondary means of access to abutting property.

Alteration. Any change in the supporting members of a building or structure such as bearing walls columns, and girders, except such emergency change as may be required for safety purposes; any addition to a building; any change in use; or, any movement of a building from one location to another.

Amenity. Aesthetic or other characteristics that increase a development's desirability to a community or its marketability to the public. Amenities may differ from development to development but may include such things as recreational facilities, pedestrian plazas, views, streetscape improvements, special landscaping, or attractive site design.

Animal hospital. An establishment designed or used for the care, observation, or treatment of domestic animals. This definition includes veterinary clinics and animal day care facilities.

Animal shelter. Any premises designed or operated for impounding and caring for stray, homeless, abandoned, or unwanted animals (usually primarily cats and dogs), or that are otherwise subject to impoundment. An animal shelter is usually intended to provide only temporary kenneling of such animals until a permanent home if found.

Antenna. Any exterior apparatus designed for telephone, radio, or television communications or data transmission through the sending and/or receiving of electromagnetic waves.

Apartment. A building designed for or occupied exclusively by two or more families with separate housekeeping facilities for each family for rent or lease.

Appeal. A request for a review an administrative official's interpretation of any provision of this chapter, or an action taken by an administrative official in the application or enforcement of this chapter.

Arcade, amusement. A place or facility where pinball or electronic games are played for amusement. Amusement arcades are indoor commercial recreation facilities.

Art gallery. An establishment engaged in the sale, loan, or display of art books, paintings, sculpture, or other works of art. This use does not include libraries and museums. An art gallery is an enclosed retail trade establishment unless operated by a public entity in which case it is considered a public use.

Assisted living facility. Residences for the frail elderly that provide rooms, meals, personal care, and supervision of self-administered medication. They may provide other services incidental to the above. For purposes of this chapter, assisted living facilities are considered institutionalized residential living and care facilities.

Auction house or auction yard. Any building, structure, enclosure, or place where goods or livestock are sold by auction (i.e., through bid in competition with others).

Automated teller machine. A mechanized consumer device that is operated by a customer and which performs banking and financial functions at a location remote from the controlling financial institution. An automated teller machine is an accessory use.

Automobile sales and service establishment. New and used car, truck, tractor, trailer, and motorcycle sales, leasing, rental, and service, and agricultural implement and equipment. This definition includes automotive services such as rental car facilities, top and body, paint, automotive glass, transmission, and tire repair shops, car washes, including automated and staffed facilities, and oil change and lubrication facilities.

Automobile sales. A premises designed or used for storage and display for sale of cars, trucks, tractors, trailers, and motorcycles all of which are complete and operable. Motorized vehicles for sale will typically be stored outside. All other activities must be in an enclosed building.

Automobile service station. See service and fuel filling station.

Bank or financial establishment. A business that accepts money for deposit into accounts from the general public or other financial institutions, and which may include personal or business loans, wire transfers and safe deposit boxes. Such uses include, but are not limited to, banks, savings and loan institutions and credit unions, and security and commodity exchanges.

Basement. That portion of a building having its lowest floor subgrade (below ground level) on two or more sides.

Bed and breakfast inn. A facility where overnight accommodations not exceeding six rooms are provided to transients for compensation, with or without a morning meal, and which may include afternoon and/or evening meal for guests, and where the operators of the facility live on the premises. A bed and breakfast inn does not include retail uses, public bar, conference center, or special event facilities.

Board of adjustment. The body established by this chapter and appointed by the governing body which has authority to take action on appeals and variances as established in this chapter.

Borrow site. A site used for the extraction of earthen materials such as sand, gravel, rock, dirt, etc. where the material is removed from the site.

Broadcasting studio. A building or structure operated as a radio or television broadcasting studio or station with local broadcast capability or intended for satellite distribution of programs, and usually including satellite dishes, microwave dishes, and/or other communications equipment.

Buffer. A strip of land located between a side or rear property line and a building, structure, or use, intended to separate and obstruct the view of the site on which the buffer is located from an abutting property. A buffer is a natural area consisting of trees and other vegetation, undisturbed except for approved access and utility crossings, and replanted where sparsely vegetated. A buffer may be used for screening as may be required by this chapter.

Buildable area. The portion of a lot which is not located within any minimum required yard, landscape strip/area or buffer; that portion of a lot wherein a building or structure may be located.

Building. Anything attached to the ground having a roof supported by columns or by walls and intended for shelter, housing or enclosure of persons, animals or personal property. For purposes of this chapter, the term "building" includes "structure," as defined.

Building and selected vehicle sales. The sale, leasing, or rental of vehicles other than cars, trucks, tractors, trailers, and motorcycles. This use includes the sale leasing, and rental of recreational vehicles, campers, park trailers, truck campers, motor homes, and custom van conversions, other craft used for recreational purposes such as boats with or without trailers, wave runners, and water-borne craft, and includes the sale of mobile and manufactured home and modular buildings.

Building, accessory. A building subordinate to the main building on a lot and used for purposes incidental to the main or principal building and located on the same lot therewith.

Building coverage. The horizontal area measured within the outside of the exterior walls of the ground floor of all principal buildings, accessory buildings, and accessory structures on the lot, not including steps, terraces, and uncovered porches.

Building frontage. The width in linear feet of the front exterior wall of a particular establishment.

Building, height of. The vertical distance measured from the grade to the highest point of the coping of a flat roof; to the deck lines of a mansard roof; or to the mean height level between the eaves and ridge of a gable, hip or gambrel roof. Grade is defined as the average elevation of the ground on all sides of a building.

Building inspector. The city official responsible for implementing and enforcing the applicable building codes and standards of the city.

Building materials sales. An establishment offering lumber or other construction materials used in buildings for sale to contractors or the general public. When operated in whole or part outside the confines of a building, a building materials sales establishment is an open air business.

Building, principal. A building in which is conducted the principal use of the lot on which said building is situated. In any residential district, any structure containing a dwelling unit shall be defined to be the principal building on the lot on which same is situated.

Building setback line. A line establishing the minimum allowable distance between the main or front wall of a principal building and the street right-of-way line or another building wall and a side or rear property line when measured perpendicularly thereto. Covered porches, whether enclosed or not, shall be considered as a part of the building and shall not project into any required yards. For purposes of this chapter, a building setback line and minimum required yard shall be considered the same.

Build-to-line. A condition of setbacks in which a continuous building line creates a consistent street edge and provides a positive visual image to pedestrians and motorists. The uniform building line enhances open space by defining setbacks and landscaping and increasing pedestrian and motorist comfort within the area.

Bulk storage. The storage of chemicals, petroleum products, or similar materials in above ground or below-ground storage containers designed for wholesale distribution or mass consumption. This includes fuel oil distributors with storage of products.

Business service establishment. A business activity engaged in support functions to establishments operating for a profit on a fee or contract basis, including, but not limited to, advertising agencies, photocopying, blueprinting and duplication services, mailing agencies, commercial art and graphic design; personnel supply services and employment agencies, computer and data processing services, detective, protective, and security system services, accounting, auditing, and bookkeeping services, publications and business consulting firms, food catering, interior decorating, and locksmiths.

Camp or campground. Any place established or maintained for two or more individual spaces or sites for temporary living quarters in cabins, structures, or tents for recreation or vacation purposes for a fee.

Canopy. A roof-like structure, supported by a building and/or columns, poles, or braces extending from the ground, including an awning, that projects from the wall of a building over a sidewalk, driveway, entry, window, or similar area, or which may be freestanding. This term is not intended to refer to or be confused with a tree canopy.

Car wash. The use of a site for washing and cleaning of passenger vehicles, other vehicles, or other light duty equipment. Car washes consist of self-service, staffed, or mechanically automated facilities.

Caretaker's residence. A dwelling unit within a principal building or any freestanding building or structure that is an accessory use which is used for occupancy as a dwelling by an owner, security agent, or caretaker.

Carnival. Any use which constitutes a traveling or transportable group or aggregation of rides, shows, gaming booths, and concessions and where the public either pays admission or participation fees. A carnival is a temporary use.

Catering service. An establishment that serves and supplies food to be consumed off-premises. A catering service is a business service establishment.

Cemetery. The use of property as a burial place.

Centerline of street. That line surveyed and monumented by the Governing Body and designated as the center of a public street. If a centerline has not been surveyed, it shall be the line running midway between the outside curbs, ditches, right-of-way edges, or pavement edges of such street.

Certificate of occupancy. A document issued by the building inspector allowing the occupancy or use of a building or land and certifying that the structure, use, or land has been constructed or erected or will be used in compliance with all applicable city codes and ordinances.

Church. A building or structure, or groups of buildings or structures, which by design and construction are primarily intended for conducting organized religious services. Associated accessory uses include, but are not limited to, schools, meeting halls, indoor and outdoor recreational facilities, day care, counseling, and kitchens.

Christmas tree sales facility. A facility conducted on a temporary basis during holiday season, generally conducted wholly outdoors but which may involve a tent or other temporary structure, that offers for sale Christmas trees and incidental holiday items such as wreaths and Christmas tree stands. Such facility is a temporary open-air business establishment.

City engineer. The city engineer, or his or her designee.

Clinic. An institution or professional office, other than a hospital or nursing home, where persons are counseled, examined, and/or treated by one or more persons providing any form of healing or medical health service. Persons providing these services may offer any combination of counseling, diagnostic, therapeutic or preventative treatment, instruction, or services, and which may include medical, physical, psychological, or mental services and facilities for primarily ambulatory persons.

Club or lodge, nonprofit. A building or premises, used for associations or organizations of an educational, fraternal, or social character, not operated or maintained for profit. Representative organizations include Elks, Veterans of Foreign Wars, and Lions. The term shall not include casinos, nightclubs, bottle clubs, or other establishments operated or maintained for profit.

College or university. An educational use that provides training beyond and in addition to that training received in the 12 ^th grade (i.e., undergraduate and graduate), and which has students regularly attending classes, and which confers associate, bachelor, master, or doctoral degrees.

Commercial recreational facility, indoor. A use that takes place within an enclosed building that involves the provision of sports and leisure activities to the general public for a fee, including, but not limited to, the following. assembly halls, auditoriums, meeting halls, art galleries and museums, billiard halls and pool rooms, amusement halls, video arcades, ice and roller skating rinks, fully-enclosed theaters, physical fitness centers and health clubs.

Commercial recreational facility, outdoor. A use of land and/or buildings that involves the provision of sports and leisure activities to the general public for a fee, including, but not limited to, the following. stadiums, amphitheaters, circuses and carnivals, fairgrounds, drive-in theaters, golf driving ranges, miniature golf courses, batting cages, race tracks for animals or motor-driven vehicles, unenclosed firearms shooting ranges and turkey shoots, trout ponds, equestrian centers and horse and pony riding rinks, botanical and zoological gardens, recreational vehicle parks, ultra-light flight parks, and bungee jumping. A golf course and private club that is built as part of a single-family residential subdivision and that operates in a quasi-public manner is not considered to be an outdoor commercial recreational facility.

Common area. Land within a development, not individually owned or dedicated to the public, and designed for the common usage of the development. These areas include green open spaces and yards and may include pedestrian walkways and complimentary structures and improvements for the enjoyment of residents of the development. Maintenance of such areas is the responsibility of a private association, not the public.

Community recreation. A private recreational facility for use solely by the residents and guests of a particular residential development, including indoor facilities such as community meeting rooms and outdoor facilities such as swimming pools, tennis courts, and playgrounds. These facilities are usually proposed, planned, and provided in association with a development and are usually located within the boundaries of such development.

Compatibility. With regard to development, the characteristics of different land uses or activities that permit them to be located near each other in harmony and without conflict. With regard to buildings, harmony in appearance of architectural features in the same vicinity.

Comprehensive plan. Those coordinated plans or portions thereof which have been prepared by or for the governing body for the physical development of the jurisdiction; or any plans that designate plans or programs to encourage the most appropriate use of land in the interest of public health, safety, and welfare.

Conditional use. A use that would not be appropriate generally or without restriction throughout the particular zoning district and is not automatically permitted by right within a zoning district, but which, if controlled as to number, area, location or relation to the neighborhood, may be found to be compatible and approved by the governing body within a particular zoning district as provided in certain instances by this chapter. An approved conditional use runs with the property.

Conditional zoning. The granting or adoption of zoning for property subject to compliance with restrictions as to use, size, density, or actions stipulated by the governing body to mitigate adverse impacts that are anticipated without imposition of such conditions.

Condominium. A form of ownership as defined by state law in which common elements are jointly owned.

Condominium building. A building containing one or more individually owned units or building spaces and related, jointly-owned, common areas as defined by laws of the State of Georgia. When a building on property under condominium ownership contains only one dwelling unit, that building is considered a detached, single-family condominium building. When a building on property under condominium ownership contains two dwelling units, that building is considered a duplex. When a building on property under condominium ownership contains more than two dwelling units, that building is considered an attached, multi-family condominium building.

Connectivity. Development achieves "connectivity" when one or more land uses and parcels within the development have direct accommodations for both vehicles and pedestrians to travel between or among those land uses, and direct vehicular and pedestrian connections with compatible land uses on abutting properties. Direct accommodations for vehicles means that there is one or more alley, road, or driveway connection between the uses on the development site and among compatible uses on abutting sites (parcels), so that a vehicle can exit one development and enter the other development (i.e., cross property lines) without exiting onto a public street that provides principal access to the developments. Direct accommodations for pedestrians means that there are one or more sidewalks or other approved paths that allow a pedestrian to go from one development or parcel to another without using the sidewalk along a public street that provides principal access to the developments.

Construction field office. A manufactured home, travel trailer, truck trailer, and/or other structure used as an office in conjunction with a construction project. A construction field office is a temporary use.

Continuing care retirement community. A residential facility providing multiple, comprehensive services to older adults. For purposes of this chapter this type of facility is an institutionalized residential living and care facility.

Contractor's establishment. An establishment engaged in the provision of construction activities, including, but not limited to, plumbing, electrical work, building, grading, paving, roofing, carpentry, and other such activities, including the storage of material and the overnight parking of commercial vehicles. Also, this definition includes landscaping companies, as defined herein.

Convenience store. A small retail store that sells convenience goods, such as prepackaged food items and a limited line of groceries. Convenience stores may or may not sell gasoline, diesel, and kerosene but do not include automotive services.

Cottage industry. An individually-owned craft shop that produces on the premises through hand-made workmanship craft one or more goods for retail sale, such as candle-making, glass blowing, pottery making, weaving, woodworking, sculpting, and other similar or associated activities. A cottage industry has no more than 1,500 square feet of space and no more than five employees.

Crematorium. An establishment, distinguished from a cemetery or funeral home, which involves a furnace used to reduce human remains to ash by burning.

Crisis center. A facility or portion thereof and premises that are used for the purposes of emergency shelter, crisis intervention, including counseling, referral, hotline response, and similar human social service functions. Said facility may include meal preparation, distribution, or service for residents of the center as well as nonresidents, merchandise distribution, or shelter, including boarding, lodging, or residential care. This term includes domestic violence and centers, homeless shelters, and halfway houses.

Curb cut. The providing of vehicular ingress and/or egress between property and an abutting street.

Day care center. Any place operated by a person, society, agency, corporation, institution or group, and licensed or registered by the State of Georgia and licensed by the City of Cornelia as a group day care home or day care center, wherein are received for pay for group supervision and care, for fewer than 24 hours per day, seven or more children under 18 years of age.

Density. The number of dwelling units developed, or to be developed, per gross acre of land, or the gross square footage of a building per acre of land.

Development. Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of materials.

Distribution center. A use where goods are received and/or stored for delivery to the ultimate customer at remote locations.

Driving range. An area equipped with distance markers, clubs, balls, and tees for practicing golf drives and putting, and which may include a snack bar and pro-shop. A driving range is an outdoor commercial recreation facility.

Dumpster. A container designed to hold refuse that has a hooking connection that permits it to be raised and dumped into a sanitation truck for disposal.

Dwelling. A building, other than a manufactured home, mobile home, or house trailer, designed, arranged or used for permanent living, and/or sleeping quarters.

Dwelling, single-family detached, fee-simple. A building designed or arranged to be occupied by one family only and where each dwelling is located on its own lot in fee-simple title.

Dwelling, two-family (duplex). A building designed or arranged to be occupied by two families living independently of each other and where each building is located on its own lot. Each unit of a duplex building may be fee-simple title, where the two dwelling units are attached along a common property line.

Dwelling, multi-family. A building other than a duplex, designed for or occupied exclusively by three or more families with separate housekeeping facilities for each family.

Dwelling unit. A building, or portion thereof, designed, arranged and used for living quarters for one or more persons living as a single housekeeping unit with cooking facilities, but not including units in hotels or other structures designed for transient residence.

Exterminator. An establishment engaged in pest control for businesses, institutions, residences, or industries. This is a business service establishment.

Extraction. Removal or recovery by any means whatsoever of sand, gravel, soil, rock, minerals, mineral substances or organic substances other than vegetation, from water or land on or beneath the surface thereof, exposed or submerged. This term includes gravel pits, mines, quarries, and similar operations, but not "borrow site" as defined herein.

Fairgrounds. An area of land use including, but not limited to, agricultural related office buildings, animal shows and judging, carnivals, circuses, community meeting or recreational buildings and uses, concerts, food booths and stands, games, rides, rodeos, sales and auctions. Fairgrounds are considered outdoor commercial recreation facilities unless they are public uses.

Family. An individual; or two or more persons related by blood, marriage, or guardianship, limited to the occupant, his or her spouse, and their parents and children; or a group of not more than five persons, who need not be related by blood, marriage, or guardianship, living together in a dwelling unit as a family or household.

Family day care home. A private residence in which a business is operated by any person who receives therein (for pay) for supervision and care for fewer than 24 hours per day, three to not more than six children under 18 years of age who are not residents in the same private residence. For purposes of this chapter, a family day care home may be operated as a home occupation, subject to the requirements of this chapter.

Fee simple. The owner is entitled to the entire property with unconditional power of disposition during his life and which descends to his heirs and legal representatives upon his death intestate.

Fence. An enclosure or barrier, composed of wood, masonry, stone, wire, iron, or other materials or combination of materials used as a boundary, means of protection, privacy screening, or confinement, including brick or concrete walls but not including hedges, shrubs, trees, or other natural growth.

Fence, barbed wire. One or more strands of wire or other material having intermittent sharp points of wire or metal that may puncture, cut, tear, or snag persons, clothing, or animals, including vertical supports.

Fence, chain-link. An open mesh fence made entirely of wire woven in squares of approximately one and one-half inches with vertical supports, usually spaced at an interval of six feet, usually at a height of three or more feet.

Fence, solid. A fence, including entrance and exit gates where access openings appear, through which no visual images can be seen.

Festival. The sale of ethnic, specialty, regional, and gourmet foods, art and crafts, and the provision of live entertainment in an outdoor setting. A festival is a temporary use.

Finance, insurance, and real estate establishment. Such uses include, but are not limited to, banks, savings and loan institutions and credit unions, security and commodity exchanges, insurance agents, brokers, and service, real estate brokers, agents, managers, and developers, trusts, and holding and investment companies.

Flea market. The use of land, structure, or building for the sale of new or used goods, usually of second quality or at cut-rate prices, in which two or more vendors are accommodated in spaces on the same lot or within the same structure or building.

Floor area. The sum of all square footages (areas) of each floor of a building, measured from the interior faces of the exterior walls or from the centerline of walls separating two buildings. The following areas are excluded from the measurement of floor area. unfinished attics, attached garages or spaces used for off-street parking and loading, breezeways, and enclosed or unenclosed decks and porches.

Funeral home. A building used for human funeral services. Such building contains a chapel and may include space and facilities for embalming and the performance of other services used in the preparation of the dead for burial or cremation, the performance of autopsies and other surgical procedures, the indoor storage of caskets, funeral urns, and other related funeral supplies, the indoor storage of funeral vehicles.

Gas tank sales. The retail sale of bulk storage tanks for flammable and combustible liquids, compressed gases or liquefied petroleum (LP) gas. Gas tank sales are considered open air business uses.

Golf course. A tract of land laid out with at least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course may include a clubhouse and shelters as accessory uses. A golf course is not considered an outdoor commercial recreation facility.

Glare. A sensation of brightness within the visual field that causes annoyance, discomfort, or loss in visual performance and visibility.

Governing body. The city commission of the City of Cornelia, duly elected by the citizens within the jurisdiction.

Grade, natural. The existing grade or elevation of the ground surface that exists or existed prior to man-made alterations, such as grading, grubbing, filling, or excavating.

Group home. A single household of more than two or more unrelated persons, whether or not they are developmentally disabled, under the supervision of a resident manager.

Guest house. A lodging unit for temporary guests in an accessory building. No guest house shall be rented or otherwise used as a separate dwelling.

Health spa. An establishment which for profit or gain provides as one of its primary purposes, services or facilities which are purported to assist patrons improve their physical condition or appearance through change in weight, weight control, treatment, dieting, or exercise. The term includes establishments designated as "reducing salons," "exercise gyms," "health studios," "health clubs," and other terms of similar import. Not included within this definition are facilities operated by nonprofit organizations, facilities wholly owned and operated by a licensed physician at which such physician is engaged in the practice of medicine, or any establishment operated by a health care facility, hospital, intermediate care facility, or skilled nursing care facility.

Home occupation. Any use, occupation or activity conducted entirely within a dwelling by the residents thereof, which is clearly incidental and secondary to the use of the dwelling for residence purposes and does not change the character thereof.

Hospital. An institution licensed by the state and providing primary health services and medical or surgical care to persons, primarily in-patients, suffering from illness, disease, injury, deformity or other abnormal physical or mental conditions, and including as an integral part of the institution, such related facilities as laboratories, outpatient facilities, or training facilities.

Hotel. A commercial lodging service with one or more buildings devoted to the temporary shelter for the traveling public, and where entry to individual guest rooms is via a central lobby.

Impervious surface. A man-made structure or surface, which prevents the infiltration of storm water into the ground below the structure or surface. Examples are buildings, roads, driveways, parking lots, decks, swimming pools, or patios.

Industrialized building. Any structure or component thereof which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation 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 disassembly, damage to, or destruction thereof. Also known as modular building.

Inn. A lodging service with 20 or less rooms in a single building, and which may include full dining facilities. An inn does not include retail uses, public bar, conference center, or special event facilities.

Inoperable vehicle. Any motorized vehicle, other than those vehicles temporarily disabled incapable of immediately being driven. Any motorized vehicle without a current vehicle registration tag shall be considered an inoperable vehicle.

Institutional residential living and care facilities. An umbrella term that encompasses the following uses as specifically defined in this chapter. assisted living facility, intermediate care home, nursing home, skilled nursing care facility, and personal care home.

Intermediate care home. A facility which admits residents on medical referral; it maintains the services and facilities for institutional care and has a satisfactory agreement with a physician and dentist who will provide continuing supervision including emergencies; it complies with rules and regulations of the Georgia Department of Human Resources. The term "intermediate care" means the provision of food, including special diets when required, shelter, laundry and personal care services, such as help with dressing, getting in and out of bed, bathing, feeding, medications and similar assistance, such services being under appropriate licensed supervision. Intermediate care does not normally include providing care for bed patients except on an emergency or temporary basis.

Junk. Scrap or waste material of any kind or nature collected for resale, disposal, or storage, or by accumulation.

Junk/salvage yard. Any property involving the abandonment, parking, storage or disassembly of junked or inoperable vehicles or junked machinery, the abandonment, storage, sale, or resale of used auto parts, tires, scrap iron, metal, used plumbing fixtures, old stoves, refrigerators and/or other old household appliances, used brick, wood, or other building/structural materials, used paper, rags or other scrap materials.

Kennel. Any facility used for the purpose of commercial boarding or sale of domestic animals or pets such as dogs and cats, and any other customarily incidental treatment of the animals such as grooming, cleaning, selling of pet supplies, or otherwise.

Kitchen. Any room or part of a room designed, built, used, or intended to be used for cooking, the preparation of food, or dishwashing. The presence of a range, oven, or dishwasher, or utility connections suitable for serving a range or oven, shall normally be considered as establishing a kitchen.

Landfill, construction and demolition. A disposal facility accepting 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 inert wastes which have a low potential for groundwater contamination.

Landfill, sanitary. The burial of non-hazardous waste where such waste is covered on a daily basis, as distinguished from a construction and demolition landfill.

Landscape strip. That portion of a given lot, not covered by buildings, pavement, parking, access and service areas, established as a landscaped open space, the width of which is measured from a given property line and extending the developed portion of the property line. A landscape strip, as distinguished from a buffer, may be disturbed by grading or site development but is maintained as landscaped open space. A landscape strip may consist of grass lawns, decorative planting, berms, walls, fences, or other features designed and arranged to produce an aesthetically pleasing effect within and outside the development.

Landscaping company. A business engaged in the provision of landscaping services and/or the wholesale or retail sale of landscaping products including, but not limited to, sod, trees, landscaping timbers, and earth covering materials. The processing of wood into timbers, mulch, and/or chips is considered an incidental use of a landscaping company whose primary purpose is the wholesale or retail sale of landscaping products.

Laundromat. A facility where patrons wash, dry, or dry clean clothing or other fabrics in machines operated by the patron. A laundromat is considered a personal service establishment.

Lodging service. A facility that offers temporary (15 days or less in one room) shelter accommodations, or place for such shelter, open to the public for a fee, including "hotel" and "motel" as defined. "Bed and breakfast inn" and "inn" are defined separately.

Logging yard. Areas where logs of wood are stored on a regular basis before transfer by truck or railroad.

Lot. A parcel of land occupied or capable of being occupied by a use, building or group of buildings devoted to a common use, together with the customary accessories and open spaces belonging to the same.

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

Lot coverage, maximum. The percentage of a given lot that may be occupied by all principal and accessory buildings and structures on said lot, measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings and structures on the lot.

Lot, double frontage. Any lot, other than a corner lot, which has frontage on two streets.

Lot frontage. The width in linear feet of a lot where it abuts the right-of-way of any street.

Lot line, front. The front property line coincident with a street right-of-way line.

Lot of record. A lot which is part of a subdivision, a plat of which has been recorded in the records of the Clerk of Superior Court of Habersham County; or a parcel of land, the deed of which has been recorded in the same office as of the effective date of the ordinance from which this chapter is derived.

Lot width. The distance between side lot lines measured at the front building line.

Lumber yard. A facility where wood materials such as lumber, plywood, panels or other wood products are processed and sold for retail sale or wholesale. Such use may involve performing millwork, planning, cutting, and other customizing processes.

Manufactured home. A structure, 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, when erected on site, is 320 or more square feet in floor area, 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; or a structure that otherwise comes within the definition of a "manufactured home" under the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended (42 U.S.C. 5401-5445).

Manufacturing, processing, assembling. The mechanical or chemical transformation of materials or substances into new products. The land uses engaged in these activities are usually described as plants, factories or mills and characteristically use power-driven machines and materials handling equipment. Establishments engaged in assembling component parts of manufactured products are also considered under this definition if the new product is neither a fixed structure nor other fixed improvement. Also included is the blending of materials such as lubricating oils, plastic resins, or liquors.

Marquee. A roofed structure and attached to and supported by a building and projecting over public or private sidewalks or rights-of-way.

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

Metes and bounds. A system of describing and identifying land by a series of lines around the perimeter of an area; "metes" means bearings and distances and "bounds" refers to monuments both physical and legal.

Mini-warehouse. See "self-service storage facility."

Mining. All or any part of the process involved in the mining of aggregates and/or minerals by removing overburden and mining directly from the mineral deposits, open pit mining or minerals naturally exposed, mining by auger methods, dredging, and quarrying, underground mining, and surface work incidental to such activities. See also the term, "extraction."

Mixed-use development. A single building containing more than one type of land use; or a single development of more than one building and use, where the different types of land uses are in close proximity, planned as a unified complementary whole.

Mobile home. A moveable dwelling unit, equipped with wheels, skids or rollers, which may be mounted on a stationary foundation, which is used or designed to be used for permanent living or sleeping quarters.

Modular structure. Any structure or component thereof which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation 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 disassembly, damage to, or destruction thereof. Such structure is used for residential or commercial purposes and bears a seal of compliance with the Georgia Industrialized Building Act or which complies with the Building Code of the State of Georgia or the City of Cornelia Building Code. Because modular structures meet the local building code or a state code or industrialized building act, they are regulated the same as "stick built" structures.

Motel. A commercial lodging service with one or more buildings devoted to the temporary shelter for the traveling public, and where entry to individual guest rooms is via the exterior of the building rather than through a central lobby. A motel may include as accessory uses the following. full dining, public bar, retail uses up to 2,500 square feet or less of retail uses, and 7,500 square feet or less of special event or conference center facilities.

Museum. 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 natural, scientific, literary curiosities or objects of interest, or works of art, and arranged, intended, and designed to be viewed by members of the public with or without an admission fee, and which may include as an accessory use the sale of goods to the public as gifts or for their own use.

Neotraditional development. A residential or mixed-use development that incorporates design features and pedestrian access and scale typical of cities or neighborhoods which existed prior to the widespread use of the automobile. These developments typically incorporate a diversity of housing types and land uses, narrow streets, smaller front setbacks, alleys, and garages that are not visible from the street that create a livable or inviting atmosphere and greater walkability. Neotraditional development generally follows principles of "new urbanism."

New urbanism. A school of thought that espouses principles for development, including generally that activities of life (housing, workplace, shopping, and recreation) should be combined into compact, pedestrian-friendly, mixed-use neighborhoods linked by transit and set in a larger open space network.

Nonconforming building or structure. A building or structure that does not meet one or more setbacks for the zoning district in which said building or structure is located, or a building or structure that exceeds the maximum lot coverage for the zoning district in which said building or structure is located, or a principal building or accessory structure that that otherwise does not comply with dimensional requirements established by this chapter for the particular principal building or accessory structure or for the zoning district in which the nonconforming building or structure is located.

Nonconforming lot. A lot which does not conform to the lot requirements of the zoning district in which the lot is located as established by this chapter but which was a lot of record prior to the effective date of the ordinance from which this chapter is derived or its amendment.

Nonconforming use. Any building or use of land or building lawfully existing on or before the effective date of the ordinance from which this chapter is derived or as a result of subsequent amendments to this chapter, which does not conform to the use provisions of the zoning district in which it is located.

Nursery or kindergarten school. Any building used routinely for the daytime care or education of preschool age children and including all normal accessory and play areas. For purpose of this chapter, a nursery or kindergarten school is considered to be a day care center.

Nursing home. A facility which admits patients on medical referral only and for whom arrangements have been made for continuous medical supervision; it maintains the services and facilities for skilled nursing care, rehabilitative nursing care, and has a satisfactory agreement with a physician and dentist who will be available for any medical and/or dental emergency and who will be responsible for the general medical and dental supervision of the home; it complies with rules and regulations of the Georgia Department of Human Resources.

Office. A building or portion thereof wherein services are performed involving predominantly administrative, professional or clerical operations and not involving retail sales or other sales of any kind on the premises.

Office park. Two or more buildings which are clustered together in which professional services are primarily engaged.

Open air business. Any commercial establishment with the principal use of displaying products in an area exposed to open air, including, but not limited to, rock yards, nurseries and garden supply stores, lumber and building materials yards, statuaries and monument sales establishments, liquid petroleum dealers and tank sales.

Open space, landscaped. That portion of a given lot, not covered by buildings, parking, access and service areas, that is designed to enhance privacy and the amenity of the development by providing landscaping features, screening and buffering for the benefit of the occupants or those in neighboring areas, or a general appearance of openness. Landscaped open space may include, but need not be limited to, grass lawns, decorative planting, berms, walls and fences, sidewalks/walkways, ornamental objects such as fountains, statues and other similar natural and man-made objects, wooded areas, and water courses, any or all of which are designed and arranged to produce an aesthetically pleasing effect within the development.

Outdoor storage. The keeping of any goods, junk, material, merchandise, or commercial vehicles in the same outdoor place for more than 24 hours.

Parcel. Any plot, lot or acreage shown as a unit on the latest county tax assessment records.

Parking lot, off-site. A parcel of land or portion thereof principally used for the parking or storage of motor vehicles whether or not a fee is paid for parking, not located on the same site as the destination of the motor vehicle operator.

Parking space. An area of at least 160 square feet, and having dimensions of not less than 300 square feet including driveway and maneuvering area, to be used exclusively as a temporary storage space for a private motor vehicle.

Parking structure. A structure or portion thereof composed of one or more fully or partially enclosed levels or floors used for the parking or storage of motor vehicles. This definition includes parking garages, deck parking, and underground or underbuilding parking areas.

Pawn broker. A person or business who lends money on a deposit or pledge or who takes other things into possession as security, including, but not limited to, vehicle titles, for money advanced or who makes a public display or other public exhibition that money is to be loaned on things on deposit.

Pawn shop. Any location at which, or premises upon which, a pawnbroker regularly conducts business.

Pedestrian-scale development. Development designed with an emphasis primarily on the street sidewalk and on pedestrian access to the site and building, rather than auto access and parking areas. The building is generally placed close to the street and the main entrance is oriented to the street sidewalk. There are generally windows or display cases along building facades which face the street.

Pedestrian friendly. A term which refers to development and features of developments that are designed with an emphasis primarily on the street sidewalk and on pedestrian access to the site and building, rather than an exclusive focus on auto access and parking. Buildings are generally placed close to a street, and the main entrance is oriented to a street sidewalk. Building facades and other development features along a street are oriented and scaled to the pedestrian.

Permitted use. A use by right which is specifically authorized in a particular zoning district, or permitted by right in a particular overlay district.

Personal care home. 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 or administrator by blood or marriage. Personal care tasks include assistance with bathing, toileting, grooming, shaving, dental care, dressing, and eating.

Personal service establishment. A facility engaged in the provision of services to persons and their apparel, including, but not limited to, barber and beauty shops, coin-operated and full service laundries and dry cleaners, photographic studios, shoe repair and shoeshine shops, and travel agencies.

Public use. Any building, structure, or use owned and/or operated by the federal government, State of Georgia, Habersham County or other County, the city of Cornelia or other municipality, or any authority, agency, board, or commission of the above governments, that is necessary to serve a public purpose, such as, but not limited to, the following. government administrative buildings, post offices, police and fire stations, libraries and publicly operated museums, public health facilities and public hospitals, public works camps, parks and community centers, public roads and streets, airports, water and sanitary sewerage intake, collection, pumping, treatment, and storage facilities, emergency medical facilities, and jails and correctional facilities.

Rail yard. An area of land, a portion of which is covered by a system of railroad tracks, that provides for switching, storing, moving, repairing, and weighing of railroad cars, trains, engines, locomotives, and similar stock designed to roll on a track.

Railroad freight terminal. A facility for freight pick-up or distribution by railroad.

Recreational vehicle. Any vehicle, including motorized homes, campers, travel trailers, and camping trailers, park trailers, truck campers, motor homes, and custom van conversions, designed and/or used for temporary living or sleeping quarters or recreational purposes and equipped with wheels to facilitate movement from place to place.

Recreational vehicle park. Any lot of land upon which two or more recreational vehicles are located, established, or maintained for occupancy on a temporary basis by recreational vehicles for use by the general public as temporary living quarters by campers, vacationers, travelers, or residents.

Recreational vehicle space. A plot of ground within a recreational vehicle park intended for the accommodation of a recreational vehicle, as defined, on a temporary basis. Spaces shall be rented by the day or week only, and the occupant of the space shall not remain in the same recreational vehicle park for more than 30 days in a 60-day period.

Redevelopment. The reuse of existing developed property. Redevelopment typically requires demolition or rehabilitation of existing buildings or structures on the site or changes to the site itself to accommodate reuse. Redevelopment of a former commercial site for office or residential uses is an example, although redevelopment does not always imply a change in use.

Redevelopment block. A unit of land, usually square or rectangular in shape, but which may be of triangular or an irregular shape, that is. (a) bounded on all sides by one or more public or private streets; or (b) in the case of a square or rectangular block, is bounded on three sides by one or more public or private streets and one or more other sides by a property boundary.

Residence for caretaker or nightwatchman. An accessory residence, located inside or in addition to the principle structure of a parcel of land, designed or occupied by security personnel for security reasons only.

Residential zoning district. Any property zoned A-1, R-1, R-1A, R-1B, or R-2 as indicated on the official zoning map.

Restaurant. An establishment where food and beverage is sold for consumption on the premises, generally in an enclosed building. A snack bar or refreshment stand at a public or non-profit community swimming pool, playground, or park operated solely for the convenience of patrons of the facility is not a restaurant.

Restaurant, fast-food. An establishment that offers quick food service, which is accomplished through a limited menu of items already prepared and held for service, or prepared, fried, or griddled quickly, or heated in a device such as a microwave oven. Orders are not generally taken at the customer's table and food is generally served in disposable wrapping or containers.

Retail trade establishment, enclosed. Any business offering goods and products for sale to the public, which may include the incidental repair of such goods and products, that operates entirely within a structure containing a roof and walls on all sides, except for outdoor display or other use during business hours and accessory storage in enclosed, subordinate buildings. These include, but are not limited to, the following. convenience stores including the sale of gasoline, hardware, paint, glass and wallpaper stores, grocery and miscellaneous food stores including retail bakeries, apparel, shoe, and accessory clothing stores, furniture, upholstery, floor covering, household appliance and home furnishing stores, musical instrument stores, radio, television, and computer stores, record, tape, and compact disc stores, eating and drinking places not involving drive-in or drive-through facilities, drug stores, apothecaries and proprietary stores, liquor stores and bottle shops, used merchandise stores and pawn shops, sporting goods stores and bicycle shops, art and stationery stores, hobby, toy, and game shops, jewelry, gift, novelty, souvenir and antique shops, camera and photographic supply stores, luggage and leather goods stores, sewing, needlework, and piece goods stores, catalogue and mail order stores, news stands, florists, tobacco shops, automotive parts stores not involving repair, video rental and sales stores, and watch and clock sales and repair shops.

Retreat center. A facility used for professional, educational, or religious meetings, conferences, or seminars and which may provide meals in a single building, lodging, and recreation for participants during the period of the retreat or program only. Such center may not be utilized for the general public for meals or overnight accommodations. Housing is usually in lodges, dormitories, sleeping cabins or other such temporary quarters, which do not contain kitchens.

Roof. The cover of a building, including the eaves and similar projections.

Rooming house. A residential building in which three or more rooms are rented but are not open to the public or overnight guests. Includes the term boarding house.

Salvage yard. A place of business primarily engaged in the storage, sale, dismantling or other processing of uses or waste materials which are not intended for reuse in their original forms. Typical uses include paper and metal salvage yards, used tire storage yards, or retail and/or wholesale sales of used automobile parts and supplies. This term includes junk yards.

School for the arts. An educational use not operated by the Habersham County Board of Education that offers or provides instruction to more than two students at a time in dance, singing, music, painting, sculpting, fine arts, or martial arts.

School, private, elementary, middle, or high. An educational use for students in grades one through 12 or for only certain ranges of grades one through 12, not operated by the Habersham County Board of Education, which has a curriculum at least equal to a public school with regard to the branches of learning and study required to be taught in the public schools of the State of Georgia.

School, professional. An educational use not operated by the Habersham County Board of Education and having a curriculum devoted primarily to business or professions, including barbers and beauticians, dentists, and real estate.

School, public. An educational use for students in grades one through 12 or for only certain ranges of grades one through 12, operated by the Habersham County Board of Education.

School, special. An educational use not operated by the Habersham County Board of Education that provides special education to more than two students at a time, including, but not limited to, the training of gifted, learning disabled, and mentally or physically handicapped persons.

School, trade. An educational use not operated by the Habersham County Board of Education and having a curriculum devoted primarily to business (including barbers and beauticians), industry, trade, or other vocational-technical instruction.

Screening. A method of visually shielding or obscuring one abutting or nearby building, structure, or use from another by fencing, walls, berms, densely planted vegetation, or some combination thereof, according to specifications of this chapter.

Self-service storage facility. A structure, building or group of buildings divided into separate compartments, spaces, or stalls, which may be of different sizes and which may or may not be climate controlled, and which are leased or rented on an individual basis to businesses and residents for temporary storage needs, but where no commercial transactions or activities take place other than the rental of the storage units.

Service and fuel filling station. Any building, structure or land use for the retail sale of motor vehicle fuel, oil accessories and which may include the servicing of motor vehicle, except that major repairs, body repairs and painting of motor vehicles shall not be considered servicing of motor vehicles.

Setback. A line demarcating that portion of the lot specified by this chapter that must remain devoted to a yard, and the buildable portion of the lot. Between the building setbacks and the property lines, principal buildings are not permitted. Principal building setbacks and "yard" requirements are considered one and the same. See definitions of yard (front, rear, and side). In cases where buffer or landscape strips requirements are specified, said buffer or landscape strip requirements are also considered setbacks for both principal buildings and accessory buildings and structures.

Shopping center. A group of commercial establishments, planned, developed, owned and managed as a unit, with off-street parking provided on the property and related in its location, size and type of shops to the trade area which the unit serves.

Showroom. A principal or accessory use where wholesale or retail goods are displayed.

Site plan. A graphic illustration, two-dimensional, prepared to an engineering scale, showing accurately and with complete dimensioning, the boundaries of a lot or tract and the location of all buildings, structures, uses and principal site development features proposed for a specific lot or tract of land.

Skilled nursing care facility. A facility which admits residents on medical referral; it maintains the services and facilities for skilled nursing care and has a satisfactory agreement with a physician and dentist who will provide continuing supervision including emergencies; it complies with rules and regulations of the Georgia Department of Human Resources. The term "skilled nursing care" means the application of recognized nursing methods, procedures, and actions directed toward implementation of the physician's therapeutic and diagnostic plan, detection of changes in the human body's regulatory system, preservation of such body defenses, prevention of complications and emotional well-being, including, but not limited to, the following.

(1)

The administration of oral or injectable medications which cannot be self-administered. Other examples include the administration of oxygen, the use of suction, the insertion or changing of catheters, the application of medicated dressings, the use of aseptic technique and preparation of the patient for special procedures;

(2)

Observation in the care of the patient for symptoms and/or physical and mental signs that may develop and which will require attention of the physician and a revision in the patient's treatment regimen.

Solid waste transfer facility. A fixed facility where solid waste from collection vehicles is consolidated and temporarily stored for subsequent transport to a permanent disposal site.

Special event facility. A facility or assembly hall available for lease by private parties.

Story. That portion of a building compromised between a floor and the floor or roof next above. The first floor of a two or multi-story building shall be deemed the story that has no floor immediately below it that is designed for living quarters or for human occupancy. Those stories above the first floor shall be numbered consecutively.

Street. A dedicated and accepted public right-of-way, or a private street approved by the city, which affords the principal means of access to abutting properties.

Street, major. An existing or proposed street or highway designated in the comprehensive plan as an arterial or collector street.

Structure. Anything built, constructed or erected, or established or composed of parts joined together in some definite manner, the use of which requires location on the ground or which is attached to something having permanent location on the ground. For purposes of this chapter, swimming pools, tennis courts, dog houses, and outdoor fenced animal runs are considered structures. Tents, vehicles, trailers, and play equipment attached to the ground in some permanent or temporary way shall be considered structures. A structure may or may not be easily moved from a given location on the ground. Walls and fences are considered structures but are subject to setback regulations for walls and fences rather than principal or accessory building setback regulations.

Substantial accordance. Strong, yet not precise, conformity such that an ordinary person would conclude that all essential elements are met.

Taxi-cab or limousine service. Any place used to dispatch motor vehicles with drivers for hire.

Temporary use. A prospective use, intended for a specified limited duration.

Therapeutic camp. A child-caring institution which provides a variety of outdoor activities taking place in a wilderness or camp environment that are designed to improve the emotional and behavioral adjustment of the residents participating in the activities; it is regulated by the Georgia Department of Human Resources.

Tow service. An establishment that dispatches towing vehicles and which provides for the temporary storage of vehicles but does not include disposal, disassembly, salvage, or accessory storage of inoperable vehicles. This term is distinguished from "wrecked motor vehicle compound" and "salvage yard" as defined herein.

Townhouse. One of a group of three or more single-family, attached dwelling units under fee simple ownership.

Trash enclosure. An accessory use of a site where trash and/or recyclable material containers, or any other type of waste or refuse container is stored.

Use, accessory. A use of land subordinate to the principal building or use on a lot for purposes incidental and related to the principal building or use and located on the same lot therewith.

Variance. A grant of relief from the requirements of this chapter which permits construction or use in a matter otherwise prohibited by this chapter; a minimal relaxation or modification of the strict terms of the height, area, placement, setback, yard, buffer, landscape strip, parking and loading, or other regulations which are dimensional in nature as applied to specific property when, because of particular physical surroundings, shape, or topographical condition of the property, compliance would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make a profit.

Warehouse. A use involving the storage of products, supplies, and equipment, and which typically involve truck transportation to and from the site.

Wireless telecommunication equipment. Any equipment used to provide wireless telecommunication service, but which is not affixed to or contained within a wireless telecommunication facility, but is instead affixed to or mounted on an existing building or structure that is used for some other purpose. Wireless telecommunication equipment also includes a ground mounted base station used as an accessory structure that is connected to an antenna mounted on or affixed to an existing building.

Wireless telecommunication facility. Any freestanding facility, building, pole, tower, or structure used to provide wireless telecommunication services, and which consists of, without limitation, antennae, equipment and storage and other accessory structures used to provide wireless telecommunication services.

Wholesale trade establishment. An establishment engaged in the selling or distribution of merchandise to retailers, to industrial, commercial, institutional or professional business users, or to other wholesalers.

Wrecked motor vehicle compound. An area used to store disabled motor vehicles until such time as their disposition (either by junk, salvage, or repair) has been determined by the insurance company, the owner of the vehicle, or his or her legal representative.

Xeriscaping. Landscaping characterized by the use of vegetation that is drought-tolerant or a low water use in character.

Yard. A space on the same lot with a principal building, open unoccupied and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted.

Yard, front. An open, unoccupied space on the same lot with a principal building, extending the full width of the lot, and situated between the street right-of-way and the front line of the building projected to the side lines of the lot.

Yard, rear. An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot.

Yard sale. The temporary sale of home furniture, appliances, clothing and/or domestic items owned by an occupant of a residential dwelling and taking place on the premises on which such occupant resides, whether in the yard, carport or garage, or other part of the building or lot, usually as a result of the occupant moving/relocating to another place of residence. Yard sales which do not take place on the premises on which such occupant resides are considered open-air businesses.

Yard, side. An open, unoccupied space on the same lot with the principal building, situated between the building and the side line of the lot and extending from the rear line of the front yard to the front line of the rear yard.

Zero lot line. The location of a building on a lot in such a manner that one or more building sides have no (zero) side or rear building setback (or yard requirements) and rests directly on a side or rear lot line. A zero lot line development is one where houses in the development on a common street frontage are shifted to one side of their lot.

Zone, floating. A zoning district that is described in the text of this chapter but not applied to specific property as shown on the official zoning map except by application that is approved by the governing body.

Zoning. A legislative act representing a legislative judgment as to how the land within a city should be utilized and where the lines of demarcation between the several use zones or districts should be drawn. An exercise of local government's police power wherein the local government attempts to balance the interest of promoting the public health, safety, morality or general welfare against the property owner's right to the unrestricted use of his property.

Zoning administrator. The city planner or other city staff person responsible for administering, interpreting, and enforcing this chapter, or his or her designee.

(Ord. No. 12-22-20, 1-5-2021)