INTERPRETATION AND DEFINITIONS
For the purpose of these regulations certain words or terms used herein shall be defined as follows:
A.
Words used in the singular number include the plural, and words used in the plural include the singular.
B.
Words used in the present tense include the future tense.
C.
The word "person" includes a firm, partnership, or corporation.
D.
The word "lot" includes the word "plot" or "parcel."
E.
The word "building" includes the word "structures."
F.
The word "shall" is always mandatory and not merely discretionary.
G.
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."
(Code 1998, § 20-201)
Abandon. The cessation of a use as indicated by the visible or otherwise apparent intention of an owner to discontinue a use of a structure or lot; or, the removal of the characteristic equipment of furnishing used in the performance of the use, without its replacement by similar equipment or furnishings; or, the replacement of a use or structure by a different use or structure.
Accessory building. Accessory building - a building or structure customarily incidental and subordinate to the principal structure and located on the same lot as the principal building.
Accessory farm dwelling units. Dwelling units located on a farm and which are occupied or designed to be occupied by non-transient farm workers employed by the owner or operator of the farm.
Accessory use. A use which exists on the same lot and which is customarily incidental and subordinate to the principal use of the property.
Agriculture. The raising of soil crops and/or poultry and livestock in a customary manner on tracts of land at least five acres in size and shall include all associated activities.
Alley. A public thoroughfare which affords only a secondary means of access to abutting property.
Apartment. A room, or a suite of two or more rooms in a multiple dwelling unit, occupied or suitable for occupancy as a residence for one family.
Apartment house. A building or a portion of a building, designed for occupancy by three or more families living independently of each other, and containing three or more dwelling units.
Applicant. An owner or his/her designated representative who is submitting an application for consideration under any provision of this ordinance.
Automobile service, major. Automobile repair services which generally require substantial replacement/repair of major components of an automobile. Examples of major automobile services include, but are not limited to, transmission repairs/replacement, paint and body work, engine overhaul, and radiator repair.
Automobile service, minor. Automobile maintenance services which generally only require very brief adjustments and replacement of minor components. Examples of minor automobile services include, but are not limited to, tune-up, oil change, lubrication, brake repair, air conditioning system servicing, muffler replacement, and alignment.
Automobile service station. A building or premise where products necessary for automobile service or maintenance are sold, provided there is no storage of automobiles, and only minor services are rendered, and all repairs are performed indoors. An automobile service station is not a repair garage nor a body shop.
Boarding house. "Boarding house" means a building with not more than five guest rooms where lodging and meals are provided for compensation for not more than ten persons, but shall not include rest homes or convalescent homes.
Body shop. A building or premise where motor vehicle repair and/or replacement is performed, including but not limited to painting and metal fabrication of motor vehicle bodies or structures.
Buffer. That portion of a lot or parcel of land established for permanent vegetation and open space and intended to separate properties with a different and possible incompatible types of use/or zoning classifications. This area is a distance as specified pursuant to this ordinance and typically as measured from the common property line of the different uses and/or zoning classifications.
Buffer, natural. A buffer which is left to remain in its natural state except for minor maintenance activity as may be authorized under this ordinance.
Buffer, opaque. A buffer which is of sufficiently dense vegetation and/or other features (such as a fence or earthen berm) as to preclude uninterrupted vision from one side to another.
Buffer, planted. A buffer which consists of planted vegetation as provided for in this ordinance.
Buffer, undisturbed. A buffer, which once installed, is not to be reduced or altered except for minor maintenance as may be authorized under this ordinance. This term "installed" as used herein refers to the time at which either: a) the natural buffer is staked out, or b) the planned buffer is planted and approved.
Building. Any combination of materials, whether portable or affixed to the ground, used for sheltering, housing or the enclosure of persons, animals, chattels, property, or materials of any kind. Such "building" shall include open porches, open breezeways and any other roofed areas.
Building height. Building height - The vertical distance of a building measured from the first finished floor level or street level, whichever is lower, to the highest point of the roof. The measurement shall not include roof appurtenances such as chimneys, antennas, or church steeples.
Building inspector. The official appointed by the city and charged with the responsibility of building permit and certificate of occupancy compliance certification.
Building line, minimum. The line located on [or] closer to a property line than the required minimum yard lines, behind which all structure shall be located except as otherwise provided herein.
Building, main. The principal building on a lot or building site designed or used to accommodate the primary use to which the premises are devoted; where a permissible use involves more than one structure designed or used for the primary purpose, as in the case of group houses, each such permissible building on one lot as defined by this ordinance shall be construed as comprising a main building.
Building site. Means (a) the ground area of one lot or (b) the ground area of two or more lots when used in combination for a building or group of buildings, together with all open spaces required by this ordinance.
Business or commerce. The purchase, sale or other transaction involving the handling or disposition of any article, service, substance or commodity for livelihood or profit; or the management of office buildings, offices, recreational or amusement enterprises, or the maintenance and use of offices, structures and premises by professions and trades rendering services.
Care home. An orphanage, rest home, nursing home, convalescent home, boarding home for the aged, personal care home or similar use established to render domiciliary care in which nursing or supervisory care are provided, but not including inpatient facilities providing hospital or clinical treatment for the care of mental patients, epileptics, alcoholics, drug addicts and not including nursery schools.
Certificate of occupancy (CO). A statement signed by the building inspector permitting occupancy and use of a building.
Club. 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.
Common open space. That land designated in a development which is undeveloped and of sufficient size and good quality, open, natural, unpaved except for recreational structures, and easily accessible, which is specifically set aside for common use and enjoyment, and restricted only for such recreational and conservation uses as parks, playgrounds, swimming, golf courses and conservation areas. While the term "common land" may be either singular or plural, the intention and emphasis is on quality and suitability rather than number of parcels.
Condominium. A building, or group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis, as more specifically provided in the Code of Georgia. It is a legal form of ownership of real estate and not a specific building style.
Court. Any portion of the interior of a lot or building-site which is wholly or partially surrounded by buildings, and which is not a required front, side or rear yard.
Curb cut. The segment of the boundary of lands bordering and adjacent to a public street providing access for vehicular ingress and/or egress to the property from an abutting public street.
Day care center. A private establishment enrolling four or more children under five years of age and where tuition, fees, or other forms of compensation for the care of the children is charged.
Dwelling unit (D.U.). One or more rooms connected together and constituting a separate, independent housekeeping establishment physically segregated from any other dwelling units in the same structure, containing an independent entrance, and permanent provisions for living, cooking, sleeping and sanitation facilities. Units in facilities such as hotels, motels, boarding houses, or other facilities intended for transient use shall not be considered dwelling units.
Dwelling, single family. A building containing one dwelling unit which is not attached to any other dwelling unit.
Dwelling, two-family or duplex. One building containing two separate dwelling units.
Dwelling, multi-family. One building containing three or more dwelling units.
Educational institution. Elementary, junior high, [or] high schools, colleges or universities or other schools giving general academic instruction in the several branches of learning and study required to be taught by the state board of education.
Facade. The exterior surface of a building.
Factory built home. Any structure or component thereof which is designed primarily for residential occupancy and which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation, or assembly and installation, on the building site.
Family. An individual, or two or more persons related by blood or marriage, or a group of not more than five persons, excluding servants, living together as a single housekeeping unit in a dwelling unit.
Farm. Any plot or tract of land consisting of at least five acres and devoted to agricultural purposes or the raising of domestic and/or other animals.
Flashing sign. A sign whose illumination is not kept constant in intensity at all times when in use, and which exhibits changes in light, color, direction, or animation. Illuminated signs which indicate the date, time, and temperature will not be considered flashing signs.
Floodplain. The area within the inter-regulated flood contour elevations subject to periodic flooding based upon United States Corp of Engineers floodplain information reports and other federal, state, or county hydrological studies.
Floor area, gross. The sum of the horizontal area of several floors of a building and its accessory buildings on the same lot, measured from the exterior faces of the walls. It does not include cellars, unenclosed porches or attics not used for human occupancy or for commercial and/or industrial use.
Floor area, net. The total of all floor areas of a building, excluding stairwells, equipment rooms, storage areas, interior vehicular parking and all floors below the first or ground floor, except when used or intended to be used for human habitation.
Free-standing sign. A self-supporting sign not attached to any building, wall, or fence, but in a fixed location. This does not include portable or trailer type signs.
Frontage. That lot dimension along any road or street.
Garage, private. An accessory building or an accessory portion of the main building, enclosed on all sides and designed or used only for the shelter or storage of vehicles owned and operated by the occupants of the main building.
Garage, public. A building other than a private garage used for the care, repair or equipping of automobiles, or where such vehicles are kept for remuneration, hire, or sale.
General service or repair establishment. A commercial establishment, the primary concern of which is the rendering of service and repair activities on equipment and appliances rather than the sale of goods. Such establishments include but are not limited to: watch, clock, radio, television, home appliances, and bicycle repair, but shall not include automotive, boat, truck, and earthmoving equipment repair.
Grade. The average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet of a sidewalk, the above-ground level shall be measured at the sidewalk.
Group housing. A building or buildings consisting of 11 or more dwelling units on one lot. In general, grouped or constructed about a central mall or court.
Guest house. A secondary building incidental to the main residence which is used only for the non-commercial boarding of guests or on-site domestic workers.
Height. As applied to a building means the vertical distance from grade to the highest finished roof structure in the case of flat roofs or to a point midway between the top plate and the ridge of any building having a pitch greater than one foot in 4½ feet height of a building in stories; does not include basements and cellars that are not habitable.
Home beauty parlors and professional use. When located within the principal dwelling and operated by a person resident in the building and employing not more than one person who is not a resident of the premises, provided that not more than 25 percent of total floor area in any dwelling unit is devoted to such use and that no additional parking spaces shall be required.
Home occupation. An occupation for gain or support, such as dressmaking, music teaching, party food preparation, etc., provided that no special space is designed or arranged for such occupation and that no offensive noise, vibration, smoke, dust, or other particular matter, glare, odors, aromas, or other objectionable effects shall occur.
Homeowners association. A private non-profit corporation, association, or other non-profit legal entity organized under the laws of the State of Georgia established to provide for the ownership, care and maintenance of common open space lands and site improvements.
Hospital. Any institution receiving inpatients, or a public institution receiving outpatients, 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 the mentally ill, but shall not include office facilities for the private practice of medicine or dentistry.
Hospital, small animal. An establishment in which veterinary services, clipping, bathing, boarding, and other services are rendered to dogs, cats, and other small animals and domestic pets.
Hotel or motel. A building or group of buildings in which there are six or more guest rooms where lodging with or without meals is provided for compensation, and where no provision is made for cooking in any individual room or suite, but shall not include, hospitals, asylums, sanitariums, orphanages, or where human beings are housed and detained under legal restraint.
Junkyard. Any land or building used for the abandonment, storage, keeping, collecting, or bailing of paper, rags, scrap metals, other scrap or discarded materials, or for the abandonment, demolition, dismantling, storage, or salvaging of automobiles or other vehicles not in running condition, machinery, or parts thereof.
Kennel. The housing of four or more dogs, cats, or other domestic animals for the purpose of providing income or revenue.
1.
Commercial 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, and also raising, breeding, caring for or boarding of dogs, cats or other small animals for commercial purposes.
2.
Noncommercial kennels: Any location where the boarding, caring for and keeping of more than three but not more than 12 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 purposes, but as a hobby such as the raising of show and hunting dogs. Noncommercial kennels shall not be the for the purpose of producing income or revenue: hobby only).
Lodging house. The same as boarding house, but no meals shall be provided.
Lot. Land occupied, or to be occupied, by a building, group of buildings or uses, and accessory buildings, together with such yards and lot area as required by this ordinance.
Lot area. The total horizontal area within the boundary lines of a lot.
Lot coverage. That portion of the lot that is covered by impervious surfaces.
Lot depth. The average horizontal length between the front and rear lot lines.
Lot lines. Lines bounding a lot as defined herein.
Lot of record. A platted lot which is on record in the office of the Clerk of the Superior Court of McIntosh County, Georgia.
Lot, through. A lot having frontage on two parallel or approximately parallel streets.
Manufactured housing. Any structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width and 40 body feet or more in length, or when erected on site, is 320 square feet or more, and which is built on a permanent foundation when connected to required utilities, which include plumbing, heating and electrical heating systems contained therein. Homes built since June 15, 1976, are constructed in accordance with the standards of the U.S. Department of Housing and Urban Development and bear that department's insignia. The home shall be incorporated on a permanent enclosed foundation with wheels and tongue removed. Manufactured housing as defined herein shall not include pre-site built housing.
1.
Mobile 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 or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein and manufactured prior to June 15, 1976. Mobile homes are prohibited in all districts.
2.
Modular home. A factory fabricated transportable building consisting of units designed to be incorporated at a building site on a permanent foundation into a permanent structure to be used for residential purposes and which bears a seal of compliance with the regulations of the Southern Building Code Congress International, the Georgia Industrialized Building Act, or the National Manufactured Housing Construction and Safety Standards Act as amended. For the purpose of this ordinance, a modular home is a one-family detached dwelling.
Manufacturing. Uses serving the needs of the community for industrial activity which are not offensive to nearby commercial or residential uses, as described below.
1.
Light industry includes manufacture or assembly processes carried on completely inside a building. Light industry shall not produce any of the following adverse impacts, as determined at the boundary of the light industry lot:
a.
Noise at a level greater than typical street or traffic noise;
b.
Hazardous solids, liquids, or gases for emission to the environment;
c.
Offensive odors or glare;
d.
Offensive vibration; or
e.
Any other adverse impact as may be determined by the city council, based on evidence presented.
Medical clinic building. An establishment where patients are accepted for special study or treatment by a group of physicians practicing together.
Modular home park. A lot containing all required utility connections where space is rented for the placement of two or more manufactured homes for a period exceeding 30 days.
Nonconforming building. A building, or portion thereof, which was lawfully erected or altered and maintained, but which, because of the application of this ordinance, no longer conforms to the use, height or area regulations of the zone in which it's located.
Nonconforming lot. A lot, the area, dimensions or location of which was lawful prior to the adoption of this ordinance, but which fails, by reason of such adoption, to conform to the present requirements of the zoning district.
Nonconforming use. A use which was lawfully established and maintained but which, because of the application of this ordinance, no longer conforms to the use regulations of the zone in which it is located.
Office building. Rooms and/or buildings used for office purposes of any business or service other than medical or dental clinics.
Open-air cafe. Solely within the Cultural and Heritage Tourism-Historic Downtown district (CHT-HD), the location and use of tables and chairs and other associated equipment and furnishings on public rights-of-way and operated as a revocable accessory use of a licensed restaurant or bar.
Outdoor storage. Placement on a lot not within a building or structure of supplies, materials, goods, products, or surplus materials for more than seven consecutive days or more than 30 days in any year if not fully screened from public view.
Perennial stream. A stream which flows year-round.
Personal service establishment. A commercial establishment, the primary concern of which is the rendering of a service to persons or individuals, rather than the sale of products. Such establishments include but are not limited to: barber and beauty shops, shoe repair, dry cleaning and laundry services, photographic studios, and businesses providing similar services of a personal nature.
Planning commission. An appointed body of people by the local governing authority whose responsibilities include the guidance of growth and development within the city and interpreting of the various city regulatory ordinances.
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 therein is designed, arranged, or intended, and for which it is or may be used, occupied, or maintained.
Public use. Use of any land, water, or buildings by a municipality, public body or board, commission or authority, county, state, or the federal government, or any agency thereof for a public service or purpose.
Public or community sewage system. Any sewage treatment works, pipe lines or conduits, pumping stations and force mains and all other construction, devices, and appliances appurtenant thereto, designed for treating or conducting sewage for ultimate disposal into lakes, streams, estuaries, or other bodies of surface water.
Public utility. Any person, firm or corporation, municipal department, board, or commission duly authorized to furnish and furnishing under federal, state, or municipal regulations to the public natural gas, steam, electricity, sewage disposal, communication, or water.
Recreation vehicle. A vehicle-portable structure, either towed or operated under its own power, designed as a temporary dwelling for travel, recreation or vacation uses, such vehicles being commonly known as "campers", "recreational vehicles", or "travel trailers."
Rest home, convalescent home, or guest home. A home operated as a boarding house, in which nursing, dietary and other personal services are furnished to convalescents, invalids and aged persons - but in which are kept no persons suffering from mental sickness, disease, disorder or ailment from a contagious or communicable disease, and in which are performed no surgery, maternity or other primary treatments such as are customarily provided in sanitariums or hospitals, or in which no persons are kept or served who normally would be admittable to a mental hospital.
Restaurant. An establishment whose principal business is serving food and which does not include any of the following operations:
a)
An establishment whose principal business is the sale of food and/or beverages in previously prepared, prepackaged, ready-to-consume individual servings; or
b)
An establishment that includes a drive-up or drive-through facility or curb service; or
c)
An establishment where there are fewer than 15 customer seats per 1,000 square feet of gross floor area in the establishment; or
d)
An establishment that does not provide waiter/waitress service to the customer seating area (exclusive of food bars).
Restaurant, fast food. An establishment whose principal business is the sale of foods, frozen desserts, or beverages in ready-to-consume individual servings, for consumption either within the restaurant building or for carry-out, and where either:
a)
Foods, frozen desserts, or beverages are usually served in paper, plastic, or other disposable containers; or
b)
Where the majority of customers are not served their food, frozen desserts, or beverages by a restaurant employee at the same table or counter where the items are consumed; or
c)
The establishment includes a drive-up or drive-through service facility or offers curb service.
Right-of-way. A strip of land that is generally used for the location of a street, walkway, utility line or other access way, that is separate and distinct from the lots and parcels adjoining such right-of-way and not included within the dimensions of areas of such other lots or parcels.
Setback, minimum structure. Four lines parallel to the front, side and/or rear lot line and set back from said lot line a sufficient distance as specified herein. The setback measurements establish the area in which all structures must be erected or placed unless otherwise specified herein.
Shopping center. A group of commercial establishments having a building composition that is an architectural unit and is not a miscellaneous assemblage of stores; planned, developed, analyzed as a unit, related in location, size, and type of shops to the trade areas that the unit serves, and providing onsite parking in definite relationship to the types and sizes of stores. Shopping Centers are classified by type, each distinctive in its own function,
a)
Neighborhood shopping center. Provides for the sale of convenience goods (foods, drugs, sundries, etc.) and personal services (laundry, barbering, shoe repair, etc.) for the day-to-day living needs of the immediate neighborhood, and is usually built around a supermarket which is the principal tenant.
b)
Community shopping center. In addition to the convenience, goods and personal services of the neighborhood center, provides a wider range for the sale of soft line (apparel, etc.) hard line (hardware and appliances) and includes eating facilities, making more depth of merchandise and services available. It is usually built around a junior department store or variety store which is the principal tenant.
c)
Regional shopping center. Provides for general merchandise, apparel, furniture and home furnishings in full depth and variety. It is built with one or more full-line department stores as the focal point.
Sign. Any display of lettering, logos, colors, lights, or illuminated neon tubes visible to the public from outside of a building or from a traveled way, which either conveys a message to the public, or intends to advertise, direct, invite, announce, or draw attention to, directly or indirectly, a use conducted, goods, products, services or facilities available, either on the lot or any other premises, excluding window displays and merchandise.
Special use. A use which within certain districts specified by this ordinance is not permitted as a matter of right, but may be permitted within these district by the city council after it has:
a)
Reviewed, in conjunction with the standards of review, the proposed site plans, its location within the city, its arrangements and design, its relationship to neighboring property and other conditions peculiar to the particular proposal which would determine its desirability or undesirability; or
b)
Has found the proposal not to be contrary to the intent of this ordinance.
Street. A thoroughfare used, or intended to be used, for passage or travel by motor vehicles.
Story. That portion of a building included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, then the space between such floor and the ceiling next above it shall be considered a story. If the finished floor level directly above the basement or cellar is more than six feet above grade, such basement or cellar shall be considered a story.
Structure. Anything constructed or erected which requires location on the ground or attached to something having a location on the ground, including items located in water which are attached to the ground, but not including fences or walls used as fences less than six feet in height.
Structural alterations. Any change in the supporting members of a building such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or changes in roof or exterior lines.
Subdivision. The division of a trace or parcel of land into two or more lots, building sites or other divisions; the combination of two or more lots or parcels to form one; the division of land involving the dedication of a new street, easement, or other public way for the purpose, whether immediate or future, of sale, transference, legacy, development or other purposes; includes re-subdivisions; and where appropriate, relates to the process of subdividing the land or area subdivided. Exemptions are as follows:
a)
The public acquisition of land for use in widening existing streets.
b)
The transference of part of one lot or trace in an existing subdivision to adjacent lots or tract in the same subdivision providing that the transference does not reduce any lot or tract to an area or width less than the zoning minimum of the area and does not increase the total number of lots;
c)
Division of land into parcels, all of which are three acres or more in size with a minimum width of 150 feet for a distance of sufficient area to provide an adequate area for placement of structures and improvements including wells and approved installation of approved onsite sewage management systems.
Temporary sign. A sign intended to be used for a period of no more than 30 days. Exceptions for pennants and similar devices intended for civic purposes may be granted by special permit.
Trailer. A vehicle designed for towing, not intended for use as a dwelling, either temporary or permanent, and restricted to such uses as a temporary construction office and/or storage facility, temporary operations office pending construction of a permanent facility, and the like.
Travel trailer. A vehicular type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational, camping and travel use.
Use. The purpose for which land or buildings is arranged, designed, or intended, or for which either is or may be occupied or maintained.
Variance. A relaxation of the terms 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 actions of the applicant, a literal enforcement of the regulations would result in unnecessary or undue hardship.
Warehouse. A building used exclusively, except for appurtenant office space, for the storage of goods or merchandise.
Water dependent users. Those uses that require for their primary purpose, location on submerged lands, or that require direct access to, or location in coastal waters and which, therefore, cannot be located away from these waters. Those uses include, but are not limited to commercial and recreational fishing and boating facilities, fin fish and shellfish processing, storage, and retail and wholesale marketing facilities, marinas, navigation aides, basins, and channels, industrial uses dependent upon water-borne transportation or requiring large volumes of cooling or processing water that cannot reasonably be located or operated at an inland site, and uses which primarily provide general public access to marine or tidal waters.
Yard. An open space, other than a court, on a lot unoccupied and unobstructed from the ground upward except as otherwise provided in this ordinance. In measuring a yard for the purpose of determining the width of the side yard, the least horizontal distance between the lot line and the main building shall be used.
Yard, front. An open unoccupied space within and extending the full width of the lot, between the R.O.W. property line and the closest part of a structure nearest to such street line. In the case of a corner lot which has frontage on two streets, the yard areas abutting both streets shall be considered front yards for setback purposes.
Yard, rear. An open unoccupied space within and extending the full width of the lot, between the rear property line and the closest part of the structure nearest to such property line.
Yard, side. An open unoccupied space within the lot between the side lot line, not a street line, and the parts of the structure nearest to such lot line.
Yard, width. The distance between the side yard lines, measured along the front yard setback line as established by this ordinance, or if no setback line is established, the minimum width at the building lines.
Zoning administrator. The individual selected by the mayor and council whose duty it shall be to administer and enforce the provisions of this ordinance.
(Code 1998, § 20-202; Ord. No. 2020-05, 11-17-2020)
INTERPRETATION AND DEFINITIONS
For the purpose of these regulations certain words or terms used herein shall be defined as follows:
A.
Words used in the singular number include the plural, and words used in the plural include the singular.
B.
Words used in the present tense include the future tense.
C.
The word "person" includes a firm, partnership, or corporation.
D.
The word "lot" includes the word "plot" or "parcel."
E.
The word "building" includes the word "structures."
F.
The word "shall" is always mandatory and not merely discretionary.
G.
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."
(Code 1998, § 20-201)
Abandon. The cessation of a use as indicated by the visible or otherwise apparent intention of an owner to discontinue a use of a structure or lot; or, the removal of the characteristic equipment of furnishing used in the performance of the use, without its replacement by similar equipment or furnishings; or, the replacement of a use or structure by a different use or structure.
Accessory building. Accessory building - a building or structure customarily incidental and subordinate to the principal structure and located on the same lot as the principal building.
Accessory farm dwelling units. Dwelling units located on a farm and which are occupied or designed to be occupied by non-transient farm workers employed by the owner or operator of the farm.
Accessory use. A use which exists on the same lot and which is customarily incidental and subordinate to the principal use of the property.
Agriculture. The raising of soil crops and/or poultry and livestock in a customary manner on tracts of land at least five acres in size and shall include all associated activities.
Alley. A public thoroughfare which affords only a secondary means of access to abutting property.
Apartment. A room, or a suite of two or more rooms in a multiple dwelling unit, occupied or suitable for occupancy as a residence for one family.
Apartment house. A building or a portion of a building, designed for occupancy by three or more families living independently of each other, and containing three or more dwelling units.
Applicant. An owner or his/her designated representative who is submitting an application for consideration under any provision of this ordinance.
Automobile service, major. Automobile repair services which generally require substantial replacement/repair of major components of an automobile. Examples of major automobile services include, but are not limited to, transmission repairs/replacement, paint and body work, engine overhaul, and radiator repair.
Automobile service, minor. Automobile maintenance services which generally only require very brief adjustments and replacement of minor components. Examples of minor automobile services include, but are not limited to, tune-up, oil change, lubrication, brake repair, air conditioning system servicing, muffler replacement, and alignment.
Automobile service station. A building or premise where products necessary for automobile service or maintenance are sold, provided there is no storage of automobiles, and only minor services are rendered, and all repairs are performed indoors. An automobile service station is not a repair garage nor a body shop.
Boarding house. "Boarding house" means a building with not more than five guest rooms where lodging and meals are provided for compensation for not more than ten persons, but shall not include rest homes or convalescent homes.
Body shop. A building or premise where motor vehicle repair and/or replacement is performed, including but not limited to painting and metal fabrication of motor vehicle bodies or structures.
Buffer. That portion of a lot or parcel of land established for permanent vegetation and open space and intended to separate properties with a different and possible incompatible types of use/or zoning classifications. This area is a distance as specified pursuant to this ordinance and typically as measured from the common property line of the different uses and/or zoning classifications.
Buffer, natural. A buffer which is left to remain in its natural state except for minor maintenance activity as may be authorized under this ordinance.
Buffer, opaque. A buffer which is of sufficiently dense vegetation and/or other features (such as a fence or earthen berm) as to preclude uninterrupted vision from one side to another.
Buffer, planted. A buffer which consists of planted vegetation as provided for in this ordinance.
Buffer, undisturbed. A buffer, which once installed, is not to be reduced or altered except for minor maintenance as may be authorized under this ordinance. This term "installed" as used herein refers to the time at which either: a) the natural buffer is staked out, or b) the planned buffer is planted and approved.
Building. Any combination of materials, whether portable or affixed to the ground, used for sheltering, housing or the enclosure of persons, animals, chattels, property, or materials of any kind. Such "building" shall include open porches, open breezeways and any other roofed areas.
Building height. Building height - The vertical distance of a building measured from the first finished floor level or street level, whichever is lower, to the highest point of the roof. The measurement shall not include roof appurtenances such as chimneys, antennas, or church steeples.
Building inspector. The official appointed by the city and charged with the responsibility of building permit and certificate of occupancy compliance certification.
Building line, minimum. The line located on [or] closer to a property line than the required minimum yard lines, behind which all structure shall be located except as otherwise provided herein.
Building, main. The principal building on a lot or building site designed or used to accommodate the primary use to which the premises are devoted; where a permissible use involves more than one structure designed or used for the primary purpose, as in the case of group houses, each such permissible building on one lot as defined by this ordinance shall be construed as comprising a main building.
Building site. Means (a) the ground area of one lot or (b) the ground area of two or more lots when used in combination for a building or group of buildings, together with all open spaces required by this ordinance.
Business or commerce. The purchase, sale or other transaction involving the handling or disposition of any article, service, substance or commodity for livelihood or profit; or the management of office buildings, offices, recreational or amusement enterprises, or the maintenance and use of offices, structures and premises by professions and trades rendering services.
Care home. An orphanage, rest home, nursing home, convalescent home, boarding home for the aged, personal care home or similar use established to render domiciliary care in which nursing or supervisory care are provided, but not including inpatient facilities providing hospital or clinical treatment for the care of mental patients, epileptics, alcoholics, drug addicts and not including nursery schools.
Certificate of occupancy (CO). A statement signed by the building inspector permitting occupancy and use of a building.
Club. 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.
Common open space. That land designated in a development which is undeveloped and of sufficient size and good quality, open, natural, unpaved except for recreational structures, and easily accessible, which is specifically set aside for common use and enjoyment, and restricted only for such recreational and conservation uses as parks, playgrounds, swimming, golf courses and conservation areas. While the term "common land" may be either singular or plural, the intention and emphasis is on quality and suitability rather than number of parcels.
Condominium. A building, or group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis, as more specifically provided in the Code of Georgia. It is a legal form of ownership of real estate and not a specific building style.
Court. Any portion of the interior of a lot or building-site which is wholly or partially surrounded by buildings, and which is not a required front, side or rear yard.
Curb cut. The segment of the boundary of lands bordering and adjacent to a public street providing access for vehicular ingress and/or egress to the property from an abutting public street.
Day care center. A private establishment enrolling four or more children under five years of age and where tuition, fees, or other forms of compensation for the care of the children is charged.
Dwelling unit (D.U.). One or more rooms connected together and constituting a separate, independent housekeeping establishment physically segregated from any other dwelling units in the same structure, containing an independent entrance, and permanent provisions for living, cooking, sleeping and sanitation facilities. Units in facilities such as hotels, motels, boarding houses, or other facilities intended for transient use shall not be considered dwelling units.
Dwelling, single family. A building containing one dwelling unit which is not attached to any other dwelling unit.
Dwelling, two-family or duplex. One building containing two separate dwelling units.
Dwelling, multi-family. One building containing three or more dwelling units.
Educational institution. Elementary, junior high, [or] high schools, colleges or universities or other schools giving general academic instruction in the several branches of learning and study required to be taught by the state board of education.
Facade. The exterior surface of a building.
Factory built home. Any structure or component thereof which is designed primarily for residential occupancy and which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation, or assembly and installation, on the building site.
Family. An individual, or two or more persons related by blood or marriage, or a group of not more than five persons, excluding servants, living together as a single housekeeping unit in a dwelling unit.
Farm. Any plot or tract of land consisting of at least five acres and devoted to agricultural purposes or the raising of domestic and/or other animals.
Flashing sign. A sign whose illumination is not kept constant in intensity at all times when in use, and which exhibits changes in light, color, direction, or animation. Illuminated signs which indicate the date, time, and temperature will not be considered flashing signs.
Floodplain. The area within the inter-regulated flood contour elevations subject to periodic flooding based upon United States Corp of Engineers floodplain information reports and other federal, state, or county hydrological studies.
Floor area, gross. The sum of the horizontal area of several floors of a building and its accessory buildings on the same lot, measured from the exterior faces of the walls. It does not include cellars, unenclosed porches or attics not used for human occupancy or for commercial and/or industrial use.
Floor area, net. The total of all floor areas of a building, excluding stairwells, equipment rooms, storage areas, interior vehicular parking and all floors below the first or ground floor, except when used or intended to be used for human habitation.
Free-standing sign. A self-supporting sign not attached to any building, wall, or fence, but in a fixed location. This does not include portable or trailer type signs.
Frontage. That lot dimension along any road or street.
Garage, private. An accessory building or an accessory portion of the main building, enclosed on all sides and designed or used only for the shelter or storage of vehicles owned and operated by the occupants of the main building.
Garage, public. A building other than a private garage used for the care, repair or equipping of automobiles, or where such vehicles are kept for remuneration, hire, or sale.
General service or repair establishment. A commercial establishment, the primary concern of which is the rendering of service and repair activities on equipment and appliances rather than the sale of goods. Such establishments include but are not limited to: watch, clock, radio, television, home appliances, and bicycle repair, but shall not include automotive, boat, truck, and earthmoving equipment repair.
Grade. The average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet of a sidewalk, the above-ground level shall be measured at the sidewalk.
Group housing. A building or buildings consisting of 11 or more dwelling units on one lot. In general, grouped or constructed about a central mall or court.
Guest house. A secondary building incidental to the main residence which is used only for the non-commercial boarding of guests or on-site domestic workers.
Height. As applied to a building means the vertical distance from grade to the highest finished roof structure in the case of flat roofs or to a point midway between the top plate and the ridge of any building having a pitch greater than one foot in 4½ feet height of a building in stories; does not include basements and cellars that are not habitable.
Home beauty parlors and professional use. When located within the principal dwelling and operated by a person resident in the building and employing not more than one person who is not a resident of the premises, provided that not more than 25 percent of total floor area in any dwelling unit is devoted to such use and that no additional parking spaces shall be required.
Home occupation. An occupation for gain or support, such as dressmaking, music teaching, party food preparation, etc., provided that no special space is designed or arranged for such occupation and that no offensive noise, vibration, smoke, dust, or other particular matter, glare, odors, aromas, or other objectionable effects shall occur.
Homeowners association. A private non-profit corporation, association, or other non-profit legal entity organized under the laws of the State of Georgia established to provide for the ownership, care and maintenance of common open space lands and site improvements.
Hospital. Any institution receiving inpatients, or a public institution receiving outpatients, 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 the mentally ill, but shall not include office facilities for the private practice of medicine or dentistry.
Hospital, small animal. An establishment in which veterinary services, clipping, bathing, boarding, and other services are rendered to dogs, cats, and other small animals and domestic pets.
Hotel or motel. A building or group of buildings in which there are six or more guest rooms where lodging with or without meals is provided for compensation, and where no provision is made for cooking in any individual room or suite, but shall not include, hospitals, asylums, sanitariums, orphanages, or where human beings are housed and detained under legal restraint.
Junkyard. Any land or building used for the abandonment, storage, keeping, collecting, or bailing of paper, rags, scrap metals, other scrap or discarded materials, or for the abandonment, demolition, dismantling, storage, or salvaging of automobiles or other vehicles not in running condition, machinery, or parts thereof.
Kennel. The housing of four or more dogs, cats, or other domestic animals for the purpose of providing income or revenue.
1.
Commercial 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, and also raising, breeding, caring for or boarding of dogs, cats or other small animals for commercial purposes.
2.
Noncommercial kennels: Any location where the boarding, caring for and keeping of more than three but not more than 12 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 purposes, but as a hobby such as the raising of show and hunting dogs. Noncommercial kennels shall not be the for the purpose of producing income or revenue: hobby only).
Lodging house. The same as boarding house, but no meals shall be provided.
Lot. Land occupied, or to be occupied, by a building, group of buildings or uses, and accessory buildings, together with such yards and lot area as required by this ordinance.
Lot area. The total horizontal area within the boundary lines of a lot.
Lot coverage. That portion of the lot that is covered by impervious surfaces.
Lot depth. The average horizontal length between the front and rear lot lines.
Lot lines. Lines bounding a lot as defined herein.
Lot of record. A platted lot which is on record in the office of the Clerk of the Superior Court of McIntosh County, Georgia.
Lot, through. A lot having frontage on two parallel or approximately parallel streets.
Manufactured housing. Any structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width and 40 body feet or more in length, or when erected on site, is 320 square feet or more, and which is built on a permanent foundation when connected to required utilities, which include plumbing, heating and electrical heating systems contained therein. Homes built since June 15, 1976, are constructed in accordance with the standards of the U.S. Department of Housing and Urban Development and bear that department's insignia. The home shall be incorporated on a permanent enclosed foundation with wheels and tongue removed. Manufactured housing as defined herein shall not include pre-site built housing.
1.
Mobile 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 or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein and manufactured prior to June 15, 1976. Mobile homes are prohibited in all districts.
2.
Modular home. A factory fabricated transportable building consisting of units designed to be incorporated at a building site on a permanent foundation into a permanent structure to be used for residential purposes and which bears a seal of compliance with the regulations of the Southern Building Code Congress International, the Georgia Industrialized Building Act, or the National Manufactured Housing Construction and Safety Standards Act as amended. For the purpose of this ordinance, a modular home is a one-family detached dwelling.
Manufacturing. Uses serving the needs of the community for industrial activity which are not offensive to nearby commercial or residential uses, as described below.
1.
Light industry includes manufacture or assembly processes carried on completely inside a building. Light industry shall not produce any of the following adverse impacts, as determined at the boundary of the light industry lot:
a.
Noise at a level greater than typical street or traffic noise;
b.
Hazardous solids, liquids, or gases for emission to the environment;
c.
Offensive odors or glare;
d.
Offensive vibration; or
e.
Any other adverse impact as may be determined by the city council, based on evidence presented.
Medical clinic building. An establishment where patients are accepted for special study or treatment by a group of physicians practicing together.
Modular home park. A lot containing all required utility connections where space is rented for the placement of two or more manufactured homes for a period exceeding 30 days.
Nonconforming building. A building, or portion thereof, which was lawfully erected or altered and maintained, but which, because of the application of this ordinance, no longer conforms to the use, height or area regulations of the zone in which it's located.
Nonconforming lot. A lot, the area, dimensions or location of which was lawful prior to the adoption of this ordinance, but which fails, by reason of such adoption, to conform to the present requirements of the zoning district.
Nonconforming use. A use which was lawfully established and maintained but which, because of the application of this ordinance, no longer conforms to the use regulations of the zone in which it is located.
Office building. Rooms and/or buildings used for office purposes of any business or service other than medical or dental clinics.
Open-air cafe. Solely within the Cultural and Heritage Tourism-Historic Downtown district (CHT-HD), the location and use of tables and chairs and other associated equipment and furnishings on public rights-of-way and operated as a revocable accessory use of a licensed restaurant or bar.
Outdoor storage. Placement on a lot not within a building or structure of supplies, materials, goods, products, or surplus materials for more than seven consecutive days or more than 30 days in any year if not fully screened from public view.
Perennial stream. A stream which flows year-round.
Personal service establishment. A commercial establishment, the primary concern of which is the rendering of a service to persons or individuals, rather than the sale of products. Such establishments include but are not limited to: barber and beauty shops, shoe repair, dry cleaning and laundry services, photographic studios, and businesses providing similar services of a personal nature.
Planning commission. An appointed body of people by the local governing authority whose responsibilities include the guidance of growth and development within the city and interpreting of the various city regulatory ordinances.
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 therein is designed, arranged, or intended, and for which it is or may be used, occupied, or maintained.
Public use. Use of any land, water, or buildings by a municipality, public body or board, commission or authority, county, state, or the federal government, or any agency thereof for a public service or purpose.
Public or community sewage system. Any sewage treatment works, pipe lines or conduits, pumping stations and force mains and all other construction, devices, and appliances appurtenant thereto, designed for treating or conducting sewage for ultimate disposal into lakes, streams, estuaries, or other bodies of surface water.
Public utility. Any person, firm or corporation, municipal department, board, or commission duly authorized to furnish and furnishing under federal, state, or municipal regulations to the public natural gas, steam, electricity, sewage disposal, communication, or water.
Recreation vehicle. A vehicle-portable structure, either towed or operated under its own power, designed as a temporary dwelling for travel, recreation or vacation uses, such vehicles being commonly known as "campers", "recreational vehicles", or "travel trailers."
Rest home, convalescent home, or guest home. A home operated as a boarding house, in which nursing, dietary and other personal services are furnished to convalescents, invalids and aged persons - but in which are kept no persons suffering from mental sickness, disease, disorder or ailment from a contagious or communicable disease, and in which are performed no surgery, maternity or other primary treatments such as are customarily provided in sanitariums or hospitals, or in which no persons are kept or served who normally would be admittable to a mental hospital.
Restaurant. An establishment whose principal business is serving food and which does not include any of the following operations:
a)
An establishment whose principal business is the sale of food and/or beverages in previously prepared, prepackaged, ready-to-consume individual servings; or
b)
An establishment that includes a drive-up or drive-through facility or curb service; or
c)
An establishment where there are fewer than 15 customer seats per 1,000 square feet of gross floor area in the establishment; or
d)
An establishment that does not provide waiter/waitress service to the customer seating area (exclusive of food bars).
Restaurant, fast food. An establishment whose principal business is the sale of foods, frozen desserts, or beverages in ready-to-consume individual servings, for consumption either within the restaurant building or for carry-out, and where either:
a)
Foods, frozen desserts, or beverages are usually served in paper, plastic, or other disposable containers; or
b)
Where the majority of customers are not served their food, frozen desserts, or beverages by a restaurant employee at the same table or counter where the items are consumed; or
c)
The establishment includes a drive-up or drive-through service facility or offers curb service.
Right-of-way. A strip of land that is generally used for the location of a street, walkway, utility line or other access way, that is separate and distinct from the lots and parcels adjoining such right-of-way and not included within the dimensions of areas of such other lots or parcels.
Setback, minimum structure. Four lines parallel to the front, side and/or rear lot line and set back from said lot line a sufficient distance as specified herein. The setback measurements establish the area in which all structures must be erected or placed unless otherwise specified herein.
Shopping center. A group of commercial establishments having a building composition that is an architectural unit and is not a miscellaneous assemblage of stores; planned, developed, analyzed as a unit, related in location, size, and type of shops to the trade areas that the unit serves, and providing onsite parking in definite relationship to the types and sizes of stores. Shopping Centers are classified by type, each distinctive in its own function,
a)
Neighborhood shopping center. Provides for the sale of convenience goods (foods, drugs, sundries, etc.) and personal services (laundry, barbering, shoe repair, etc.) for the day-to-day living needs of the immediate neighborhood, and is usually built around a supermarket which is the principal tenant.
b)
Community shopping center. In addition to the convenience, goods and personal services of the neighborhood center, provides a wider range for the sale of soft line (apparel, etc.) hard line (hardware and appliances) and includes eating facilities, making more depth of merchandise and services available. It is usually built around a junior department store or variety store which is the principal tenant.
c)
Regional shopping center. Provides for general merchandise, apparel, furniture and home furnishings in full depth and variety. It is built with one or more full-line department stores as the focal point.
Sign. Any display of lettering, logos, colors, lights, or illuminated neon tubes visible to the public from outside of a building or from a traveled way, which either conveys a message to the public, or intends to advertise, direct, invite, announce, or draw attention to, directly or indirectly, a use conducted, goods, products, services or facilities available, either on the lot or any other premises, excluding window displays and merchandise.
Special use. A use which within certain districts specified by this ordinance is not permitted as a matter of right, but may be permitted within these district by the city council after it has:
a)
Reviewed, in conjunction with the standards of review, the proposed site plans, its location within the city, its arrangements and design, its relationship to neighboring property and other conditions peculiar to the particular proposal which would determine its desirability or undesirability; or
b)
Has found the proposal not to be contrary to the intent of this ordinance.
Street. A thoroughfare used, or intended to be used, for passage or travel by motor vehicles.
Story. That portion of a building included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, then the space between such floor and the ceiling next above it shall be considered a story. If the finished floor level directly above the basement or cellar is more than six feet above grade, such basement or cellar shall be considered a story.
Structure. Anything constructed or erected which requires location on the ground or attached to something having a location on the ground, including items located in water which are attached to the ground, but not including fences or walls used as fences less than six feet in height.
Structural alterations. Any change in the supporting members of a building such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or changes in roof or exterior lines.
Subdivision. The division of a trace or parcel of land into two or more lots, building sites or other divisions; the combination of two or more lots or parcels to form one; the division of land involving the dedication of a new street, easement, or other public way for the purpose, whether immediate or future, of sale, transference, legacy, development or other purposes; includes re-subdivisions; and where appropriate, relates to the process of subdividing the land or area subdivided. Exemptions are as follows:
a)
The public acquisition of land for use in widening existing streets.
b)
The transference of part of one lot or trace in an existing subdivision to adjacent lots or tract in the same subdivision providing that the transference does not reduce any lot or tract to an area or width less than the zoning minimum of the area and does not increase the total number of lots;
c)
Division of land into parcels, all of which are three acres or more in size with a minimum width of 150 feet for a distance of sufficient area to provide an adequate area for placement of structures and improvements including wells and approved installation of approved onsite sewage management systems.
Temporary sign. A sign intended to be used for a period of no more than 30 days. Exceptions for pennants and similar devices intended for civic purposes may be granted by special permit.
Trailer. A vehicle designed for towing, not intended for use as a dwelling, either temporary or permanent, and restricted to such uses as a temporary construction office and/or storage facility, temporary operations office pending construction of a permanent facility, and the like.
Travel trailer. A vehicular type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational, camping and travel use.
Use. The purpose for which land or buildings is arranged, designed, or intended, or for which either is or may be occupied or maintained.
Variance. A relaxation of the terms 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 actions of the applicant, a literal enforcement of the regulations would result in unnecessary or undue hardship.
Warehouse. A building used exclusively, except for appurtenant office space, for the storage of goods or merchandise.
Water dependent users. Those uses that require for their primary purpose, location on submerged lands, or that require direct access to, or location in coastal waters and which, therefore, cannot be located away from these waters. Those uses include, but are not limited to commercial and recreational fishing and boating facilities, fin fish and shellfish processing, storage, and retail and wholesale marketing facilities, marinas, navigation aides, basins, and channels, industrial uses dependent upon water-borne transportation or requiring large volumes of cooling or processing water that cannot reasonably be located or operated at an inland site, and uses which primarily provide general public access to marine or tidal waters.
Yard. An open space, other than a court, on a lot unoccupied and unobstructed from the ground upward except as otherwise provided in this ordinance. In measuring a yard for the purpose of determining the width of the side yard, the least horizontal distance between the lot line and the main building shall be used.
Yard, front. An open unoccupied space within and extending the full width of the lot, between the R.O.W. property line and the closest part of a structure nearest to such street line. In the case of a corner lot which has frontage on two streets, the yard areas abutting both streets shall be considered front yards for setback purposes.
Yard, rear. An open unoccupied space within and extending the full width of the lot, between the rear property line and the closest part of the structure nearest to such property line.
Yard, side. An open unoccupied space within the lot between the side lot line, not a street line, and the parts of the structure nearest to such lot line.
Yard, width. The distance between the side yard lines, measured along the front yard setback line as established by this ordinance, or if no setback line is established, the minimum width at the building lines.
Zoning administrator. The individual selected by the mayor and council whose duty it shall be to administer and enforce the provisions of this ordinance.
(Code 1998, § 20-202; Ord. No. 2020-05, 11-17-2020)