For the purpose of this chapter the following interpretations shall apply:

All words used in the present tense include the future tense. All words in the plural number include the singular number, and all words in the singular number, include the plural number, unless the natural construction of the wording indicates otherwise. The word "shall" is mandatory and not directory. The word "used" shall be deemed also to include "designed, intended or arranged to be used."

For the purpose of this chapter, certain words and terms used herein shall be defined and shall have their customary dictionary definition.

Abandonment means to cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility.

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

Access means a way or means of approach to provide physical entrance to a property.

Accessory structure means a building or other structure which is part of a customary use of a principal lot use.

Accessory use means a customary secondary use which is part of and clearly subordinate to a primary use.

Acre means a measure of land area containing forty three thousand five hundred sixty (43,560) square feet.

Adaptive use means rehabilitation of an existing structure for a use other than its original use such as a residence converted into offices.

Addition to an existing building means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by an independent perimeter load-bearing wall shall be considered new construction.

Advertising device means any structure or device erected or intended for the purpose of displaying advertising situated upon or attached to real property.

Airport means the DeKalb Peachtree Airport.

Airport hazard means any structure, tree or use of land which obstructs the air space required for, as is otherwise hazardous to, the flight of aircraft in landing or take-off at an airport.

Aisle means the traveled way by which cars enter and depart parking spaces.

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

Alteration, building or structural means any change in the supporting members of a building (such as any type of supporting structural member) except such change as may be required for its safety; any addition to a building; any change in use from that of one (1) zoning district classification to another, or of a building from one (1) location to another.

Amusement arcade means an establishment where console games, coin-operated games, pinball machines, or similar are available for public use and enjoyment. This use shall not cover machines that must be licensed by the State of Georgia per article II of chapter 6 of the Doraville Code of Ordinances.

Animal hospital means a place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use. Also known as a "veterinary clinic."

Appeal means a request for a review of the City staff's interpretation of any provision of this chapter.

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

Automobile sales, new means manufacturer-authorized car franchise dealership with customary sales and service of primarily new automobiles as well as pre-owned automobiles as a secondary accessory use.

Automobile sales, used means a purveyor of used or pre-owned automobiles as a primary use, with no service or repair of vehicles performed on-site.

Automobile service station means a building or premise where gasoline is dispensed and where products necessary for minor automobile service and maintenance are sold, provided there is no storage of automobiles, and only minor maintenance or repair services are rendered. An automobile service station is not a repair garage or a body shop.

Automobile storage yard and wrecker service means an establishment used for the short-term storage of damaged or confiscated vehicles.

Bakery, retail means a food production facility preparing bread, pastries and other baked goods where the majority of the product is intended for retail sale on the premises.

Bakery, commercial. See "Commercial prepared food manufacturers" in use table.

Basement means that portion of a building having its floor subgrade (below ground level) on all sides.

Bed and breakfast means an overnight boarding house which serves breakfast.

Big box development shall mean an individual retail and/or membership club with seventy-five thousand (75,000) or greater square feet of gross floor area, which may include a home improvement center or a membership warehouse club. The "gross floor area" of such a store includes outdoor storage areas and any outdoor area providing services, such as, but not limited to, outdoor merchandise display, garden supplies, plant display, snack bars, etc. "Gross floor area," however, does not include loading areas. For the purpose of determining the applicability of the seventy-five thousand (75,000) square foot threshold, the aggregate square footage of all adjacent stores which may share either a series of checkout stands, management areas, storage areas, common entrances, or a controlling ownership interest, shall be considered a single commercial establishment (for example, a plant nursery associated with a general merchandise store or home improvement store, or a discount department store associated with a grocery store). The term "big box development" does not include an individual commercial establishment integrated within an indoor mall regional shopping facility.

Bingo hall means a facility used exclusively or primarily for conducting bingo and other similar games that is open to the public whether operated for profit or not for profit.

Block means a unit of land bounded by streets or by a combination of streets and public land, railroad right-of-way, waterways or any other barrier to the continuity of development.

Boarding or rooming house means a dwelling in which meals and lodging or lodging only are furnished for compensation to more than two (2) but not more than ten (10) nontransient persons.

Buffer means a fence or wall, or a strip of evergreen plantings, or any combination thereof, established and permanently maintained as such along a property line of a zoning district line, of sufficient density and height to completely obscure the view across the said line, but not less than six (6) feet in height. Any fence or similar structure shall be designed and constructed in accordance with all applicable codes and ordinances, and shall be constructed to withstand a wind pressure of not less than forty (40) pounds per square foot of surface area. Maintenance and upkeep of a buffer shall be the responsibility of the property owner. The general appearance, materials, form, color, surface and other visual features of the buffer shall be that which would normally be considered to be compatible with the surroundings and shall not be of an unusual or offensive nature.

Buildable area means the portion of a lot remaining after required yards have been provided.

Building means any structure built for support, shelter, or enclosure for any occupancy or storage.

Building height of means the vertical distance measured from the average elevation of the proposed finished grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the height of the highest gable of a pitch or hip roof.

Building inspector means the official appointed by the City and charged with the responsibility of permit and certificate of occupancy issuance. The City may appoint DeKalb County officials to act in this capacity on behalf of the City.

Building official means the person or office assigned by the City of Doraville to enforce this chapter and to maintain the records required hereunder. Said person or officer may include the building inspector, City Planner, City Clerk or quality of life/code enforcement officer or such other person or office so assigned by Doraville.

Building, principal means a building or structure in which is conducted the principal use of the lot on which said building is situated.

Building setback line means a line establishing the minimum (or in some cases the maximum) allowable distance between the nearest portion of any building and the property line pin(s) at the right-of-way on which the building faces which sets forth the yard, front as defined in this article. Specific detail for the line shall be found in the zone district under review. The building setback line may also be referred to as the front yard building setback.

Canopy means a temporary ornamental roof-like structure or protective covering, including those enclosed by transparent netting or screen.

Car wash means a building, or portion thereof, where automobiles are washed by mechanical or high pressure water devices. This term shall include:

Automatic car wash means a car wash where the labor is not supplied by the patron; and

Coin-operated car wash means a car wash where the patron supplies the labor.

Carport, residential means an unenclosed or semi-enclosed permanent structure, for the purpose of the storage of vehicles used by the occupants of a residential dwelling. Such structures are anchored to a foundation, with a paved surface floor, and do not have an entry door. Carports may be attached or detached to the primary structure, but must be attached to a driveway. See section 23-601 for details concerning placement and architectural treatment.

Carport, residential—Private means an enclosed or semi-closed permanent all-weather structure (without a vehicular garage entry door), anchored to a concrete foundation and slab with a finished concrete floor therein, which has been designed for the primary storage of automobiles which are used by the occupants of the dwelling. A carport may be either attached to a principal structure or detached as an accessory/subordinate structure. For purposes of definition, any open, exposed elevation or absent a garage entry door for vehicular ingress/egress shall constitute a carport rather than a garage. A single-carport shall be a minimum of 12′ × 20′ and shall contain therein a parking space of no less than 9′ × 20′. A double or two-automobile carport shall be a minimum of 24′ × 20′ and shall contain therein two-vehicle parking spaces which are 9′ × 20′. Each subsequent size carport shall provide an additional 12′ × 20′ for each automobile and thereby accommodate a parking space of 9′ × 20′. Any exterior walls shall be clad in brick, stone, stucco, cement board siding and products; wood siding (other than sheet 4′ × 8′ sheet materials), vinyl (limited to .44 mil) or aluminum siding or any combination thereof which replicates or is architecturally compatible with the principal structure. Any column supports either interior or exterior to the carport shall be covered with the same exterior materials so as to be architecturally compatible with the structure. The carport roof shall be sheathed in a roofing material which matches that of the type and color of the principal structure. The use of corrugated metal panels or transparent or semi-transparent panels shall be prohibited on all exterior elevations and roofing other than approved standing seam metal roofing materials. All travel ways to and from a carport structure shall be asphalt or concrete. A carport structure shall not be drive-through unless attached to the dwelling and where all travel ways shall have a lawful curb to a public street. When attached to a principal structure and/or located within a side yard and/or visible from a public right-of-way for a minimum distance of one hundred (100) feet, carport structures shall contain a minimum four-foot knee wall on all exterior elevations other than approved ingress/egress. The storage or parking of a motorized vehicle (including but not limited to automobile, truck, boat, recreational vehicle, or moped), travel trailer, or trailer within a carport requires the vehicle to be operational (where motorized) and have a current and valid plate, registration, and insurance as shall be required by state or local law. There may be electrical connections to a carport; however, no plumbing connections shall be allowed. Where a carport is detached, it shall have no heated square footage located within, beside, or above the carport. For purposes of zoning, a carport shall not meet the requirement for minimum square footage. Additionally, a carport shall not meet the requirements for a garage as may now or subsequently be required unless converted to meet the requirements set forth in the definition a garage, residential—private. A carport shall be included as a qualifying limitation on the number of accessory structures as may be established by the zoning chapter.

Cellar means a building story having over one-half (½) of its average height below grade. A cellar is not counted as a story for the purpose of height regulations or as a floor for minimum floor area calculations.

Cemetery means property used for the interring of the dead. This term may include facilities for storing ashes of human remains that have been cremated elsewhere or the interment of the dead in sealed crypts or compartments.

Centerline of street means that line surveyed and monumented by the proper governing authority shall be the centerline of the street, or if such a centerline has not been surveyed, it shall be that line running midway between the outside curbs or ditches of the street, or the middle of the traveled roadway of the street. Where the paved surface of the street is not centered within the right-of-way of the street, the centerline of the street shall be the centerline of the pavement.

Certificate of occupancy means a permit issued by the building inspector indicating that the use of the building or land in question is in conformity with this chapter or that there has been a legal variance therefrom as provided by this chapter.

City Council means the City Council of the City of Doraville, Georgia.

Clinic means an establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one (1) physician or dentist or group of physicians or dentists practicing medicine.

Club means a building or facilities owned or operated by and for special educational or recreational purposes, but not primarily for profit or to render a service that is customarily carried on for gain.

Commercial outdoor recreation establishment means a privately owned and operated enterprise focused on entertainment and amusement, with most or all activities taking place outdoors. Uses include private parks, dog parks, athletic fields, golf courses, and similar uses.

Commercial recreation establishment means a privately owned and operated facility focused on entertainment and amusement, with all activities taking place within fully enclosed buildings. Such uses include bowling alleys, billiard parlors, amusement arcades, indoor theaters, indoor skating rinks, miniature golf, paintball/laser tag, places of assembly, and similar uses.

Commercial soft tissue touch or manipulation ("CSTTOM") means, for consideration:

(1)

A person who restricts his or her practice to the manipulation of the soft tissue of the human body to head, hands, feet, or ears who does not have the client disrobe and does not hold himself or herself out as a massage therapist.

(2)

A person who uses touch, words and directed movement to deepen awareness of existing patterns of movement in the body as well as to suggest new possibilities of movement while engaged within the scope of practice of a profession with established standards and ethics, provided that his or her services are not designated or implied to be massage or massage therapy.

(3)

A person who uses touch and movement education to effect change in the structure of the body while engaged in the practice of structural integration, provided that he or she is a member of, or whose training would qualify for membership in, the International Association of Structural Integrators and provided that his or her services are not designated or implied to be massage or massage therapy; or

(4)

A person who uses touch to affect the energy systems, polarity, accupoints or Qi meridians, also known as channels of energy, of the human body while engaged within the scope of practice of a profession with established standards and ethics, provided that his or her services are not designated or implied to be massage or massage therapy.

Community shelter means a nonprofit institutional use comprised of a building, institutional in nature, which provides overnight shelter, sleeping accommodations and services, and is not otherwise mandated by state government, for related or nonrelated individuals for a period of time not to exceed fifteen (15) hours for every twenty-four (24) hours.

Comprehensive plan means a policy guideline including the future land use map adopted by the Mayor and Council representing issues, goals, policies, and actions for the growth and development of the City. The comprehensive plan serves as a policy guide to assist in decision making related to growth and development in Doraville.

Conditional uses means a use which may be permitted within a zoning district subject to meeting specific conditions contained in this chapter or required by the City Council.

Condominium means the ownership in fee simple title of a single unit in a multi-unit structure and undivided ownership, in common with other purchasers, of the common elements of the structure and including the land and its appurtenances.

Conversion therapy means any practice or treatment that seeks to change an individual's sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender.

County street means a street which is owned and/or maintained by DeKalb County.

Court means an open space which may or may not have direct street access, around which is arranged a single building or a group of related buildings.

Crematorium means a structure containing a furnace whose sole purpose is to incinerate corpses of animals or humans.

CSTTOM parlor means any physical structure where commercial soft tissue touch or manipulation occurs. This term shall be interchangeable with CSTTOM establishment.

Cul-de-sac means a local street, one (1) end of which is closed and consists of a circular turn around.

Curb cut means any interruption, or break in the line of a street curb intended to provide vehicular access to a street (public or private). In the case of streets without curbs, curb cuts shall represent construction of any vehicular access which connects to said street. All curb cuts require a permit which has been issued by the appropriate jurisdictional authority specific to said street either the Georgia Department of Transportation (GDOT), City of Doraville, or DeKalb County, Georgia.

Data center means an industrial facility used for large-scale storage and processing of digital data, as well as supporting infrastructure and equipment including, but not limited to, batteries, generators, cooling towers, and similar.

Decibel means a unit of measurement of the intensity (loudness) of sound. Sound level meters which are employed to measure the intensity of sound are calibrated in "decibels."

Density means the number of dwelling units per net acre of land.

Development means any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, clearing, grubbing, grading, paving, any other installation of impervious cover, excavation or drilling operations or storage of equipment or materials.

District means a section of the City as shown on the official zoning map within which the zoning regulations are uniform.

Dormitory means a residential dwelling building officially affiliated with an accredited college, university or private school, owned or managed by and used exclusively for housing students of said institution.

Drive-in restaurant means any place or premises used for sale, dispensing or service of food, refreshment, or beverages in automobiles, including those establishments where customers may eat or drink the food, or beverage on the premises.

Driveway apron means a concrete way for vehicular traffic extending from the roadway to property line generally across a sidewalk, whether or not such sidewalk is present or improved, for the purpose of providing access to parking or maneuvering space on abutting property. A driveway requires a curb-cut permit for construction.

Driveway, commercial means a driveway serving any property, except a one- or two-family (duplex) residence which shall be paved with asphalt or concrete.

Driveway, residential means a driveway serving a one- or two-family (duplex) residence which has been paved with asphalt or concrete.

Dwelling means a building or portion thereof which is designed or used exclusively for residential purposes, including single-family, two-family, multiple-family dwellings, rooming and boarding houses, but not including hotels or motels.

Dwelling, multiple means a building or portion thereof designed for three (3) or more dwelling units, with the number of families in residence not exceeding the number of dwelling units provided.

Dwelling, single-family means a detached residential unit other than a mobile home, hotel or motel, designed for and occupied by one (1) family only.

Dwelling, single-family attached means a structure subdivided by a coincidental property line and wall which separates the structure into a maximum of two (2) dwelling units, each occupying its own lot. The two (2) lots created by the coincidental property line and wall shall each contain at least: (a) fifty (50) percent of the minimum lot area in the zoning district in which they are located; and (b) fifty (50) percent of the minimum lot width in the zoning district in which they are located: and (c) fifty (50) percent of the minimum gross floor area in the zoning district in which they are located.

An attached single-family structure must meet all front, rear and side yard setback requirements in the zoning district in which it is located, except for the coincidental property line and wall. Each unit must be separately metered for all utilities and the coincidental property wall must be fire-rated and extend from the foundation to the roof decking of the structure. Otherwise, an attached single-family structure must meet all standards that would be required for two-family dwellings in the zoning districts in which they are located.

Dwelling, two-family means a detached residential building containing two (2) dwelling units, designed for occupancy by not more than two (2) families living independent of each other.

Dwelling unit means one (1) room, or rooms connected together, constituting a separate, independent housekeeping establishment of owner occupancy, for rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking, sleeping and toilet facilities.

Dwelling unit, efficiency means a dwelling unit located in an apartment or condominium building consisting of not more than one (1) habitable room together with a kitchen or kitchenette and sanitary facilities.

Easement means an interest in real property, distinct from the fee ownership of land, granting the legal right to cross property which facilitates such, as limited to sewer lines, water lines, and transmission lines, or the right, distinct from the fee ownership, of the land to reserve and hold an area for drainage or access purposes. An easement does not qualify a property as being exempt from public road frontage requirements.

Family means one (1) or more persons occupying a dwelling and living as a single housekeeping unit, all of whom or all but two (2) of whom are related to each other by birth, adoption, or marriage as distinguished from a group occupying a boarding house, rooming house, or hotel as herein defined. The term "family" is limited to "mother," "father," "husband," "wife," "children," "brothers," "sisters," "step-children," "step-parents," "step-brothers," and "step-sisters."

Film or music studio means a facility for the creation and production of film, television, photography, music, and audio recording. Does not include artist or tattoo studios.

Flea market means an occasional or periodic sales activity held within a building, structure, or open area where groups or individual sellers offer goods, new and used, for sale to the public, not to include private garage sales.

Floor area means the floor area is the gross horizontal area of the several floors of a structure, exclusive of carport, basement, attic and open porches.

Food truck means a business based in a vehicle or trailer with a full service, mobile kitchen, which temporarily establishes itself on an existing property to sell prepackaged foods or food cooked and prepared on-site, and which meets all state and local regulations regarding food preparation and service.

Frontage (lot) means the distance for which the front boundary line of the lot and the street line are coincident.

Frontage (street) means all of the property on one (1) side of a street located between the street intersections.

Funeral home means a building used for the preparation of the deceased for burial and the display of the deceased and the ceremonies connected therewith before burial or cremation; however, funeral home shall not include the operation of a crematorium.

Garage (private) means an accessory building not exceeding six hundred (600) square feet in area designed or used for the storage of not more than two (2) motor-driven vehicles owned and used by the occupants of the building to which it is accessory. Not more than one (1) of the vehicles may be a commercial vehicle of not more than one and one-half (1½) ton capacity.

Garage (public) means a building designed and used for the storage of automotive vehicles operated as a business enterprise with a service charge or fee being paid to the owner or operator for the parking or storage of privately-owned vehicles.

Garage, residential means a completely enclosed permanent structure, for the purpose of the storage of vehicles used by the occupants of a residential dwelling. Such structures are anchored to a foundation, with a paved surface floor, with vehicle entry controlled by garage door(s). Garages may be attached or detached to the primary structure, but must be attached to a driveway. See section 23-601 for details concerning placement and architectural treatment.

Garage, residential—Private means a completely enclosed permanent all-weather structure which has been designed for the primary storage of automobiles which are owned and used by the occupants of the dwelling and is anchored to a concrete foundation and slab with a finished concrete floor therein. A garage may be either attached to a principal structure or detached as an accessory/subordinate structure. A single-garage shall be a minimum of 12′ × 20′ and shall contain therein a parking space of no less than 9′ × 20′. A double or two-automobile garage shall be a minimum of 24′ × 20′ and shall contain therein two-vehicle parking spaces which are 9′ × 20′. Each subsequent size garage shall provide an additional 12′ ×20′ in overall size for each automobile and thereby accommodate a parking space of 9′ × 20′. All garage structures, whether attached or detached, shall have a locking operable vehicle entry door and a locking operable exterior entrance door for residents which opens onto an exterior concrete slab stoop minimum 3′ × 3′ in area (unless serving properties developed as apartments). All exterior walls shall be fully enclosed unless operable door and window apertures are present. All exterior walls shall be clad in brick, stone, stucco, cement board siding and products; vinyl (limited to .44 mil) or aluminum siding or any combination thereof which replicates or is architecturally compatible with the principal structure. The garage roof shall be sheathed in a roofing material which matches that of the type and color of the principal structure. The use of corrugated metal panels or transparent or semi-transparent panels shall be prohibited on all exterior elevations and roofing other than approved standing seam metal roofing materials. All travel ways to and from a garage structure shall be asphalt or concrete. A garage structure shall not be drive-through unless attached to the dwelling (all vehicle entry points shall have entry doors as described herein) and where all travel ways shall have a lawful curb to a public street. Electrical and plumbing connections may be permitted to a garage provided there is no habitable living space that receives primary ingress/egress there from. The establishment of a kitchen or bath within or receiving primary ingress/egress from a garage shall be prohibited although washer and dryer connections may be located within a garage but not within the required parking space(s). The alteration of the interior of a garage (e.g., the creation of a demising wall) without the removal of the garage door shall be prohibited. The enclosure of any required garage shall be prohibited unless a garage structure is provided elsewhere on the zoned lot. Garages may be heated or unheated provided no residential habitation occurs therein and furthermore provided a heated garage shall not qualify as minimum heated square footage/floor area which may be required by the zoning ordinance. A two-vehicle garage as described herein (either attached or detached) shall be required for all new construction, re-construction, and remodels where a building permit is issued to add heated or unheated space which expands the building footprint (single-family attached and detached; condominium; and multi-family dwelling units which are two (2) or more bedrooms) effective December 2, 2008, but a garage shall not be considered in order to qualify to meet any minimum floor area requirements of a structure which may presently exist or hereafter be adopted. Vertical construction (other than new construction) shall generally be exempt from the two-vehicle garage requirement unless the amount of square footage added (heated or unheated) exceeds one-third (⅓) the existing floor area in which case the two-vehicle garage requirement shall be mandatory commensurate with permit issuance.

Garage, storage, parking means a building or portion thereof designed or used exclusively for storage of motor-driven vehicles and within which fuels and oils may be sold, but no vehicles are equipped, repaired, hired or sold.

Garbage means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

Grocery store or market means a facility for the sale of fruits, vegetables, meat/seafood, and other foodstuffs directly to customers, including supermarkets, farmers markets and cooperatives.

Ground coverage means the area of a lot occupied by all buildings expressed as a percentage of the gross area of the lot.

Group home means a residential facility housing with not more than fifteen (15) persons (including supervisors) living together in a family setting. Each group home resident must be capable of independent living, relying only on the support services of the substitute home. The residents of a group home may include the developmentally disabled, the mentally ill, the elderly with chronic illnesses or mobility limitations, or young people, (nine (9) to eighteen (18) years old) who are unable to reside with their parents or guardians. Group homes do not include homes for persons currently addicted to or recovering from addictions to alcohol or narcotic drugs and criminal offenders in work release or probationary programs.

Hazardous substances means any substances or materials that, by reason of their toxic, caustic, corrosive, abrasive, or otherwise injurious properties, may be detrimental or deleterious to the health of any person or animal handling or otherwise coming into contact with such material or substance.

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

Historic structure means any structure that is:

(1)

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

(2)

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

(3)

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

(4)

Individually listed on a local inventory of historic places and determined as eligible by communities with historic preservation programs that have been certified either:

a.

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

b.

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

Home occupation means an occupation carried on by a resident of a dwelling unit as a secondary use of the dwelling that is incidental to the primary use of the dwelling unit for residential purposes and is operated in accordance with the provisions of this chapter. A resident is a person who has a permanent home or abode in the City limits of Doraville, Georgia to which, whenever such person is absent, he or she has the intention of returning. For the purposes of this chapter, there is a rebuttal presumption that the following person is a resident:

(1)

Any person who enters his or her children to be educated in the private or public schools located in Doraville; or

(2)

Any person who, except for infrequent, brief absences, has been present in the City for thirty (30) or more days exclusive of prisoners; provided, however, that no person shall be considered a resident for purposes of this chapter unless such person is either a United States citizen or an alien with legal authorization from the U.S. Immigration and Naturalization Service. Proof of residency shall be required. Such evidence of residency may include but shall not be limited to:

a.

Utility invoices;

b.

A letter from a school in Doraville certifying applicant's enrollment of a student in a school in Doraville;

c.

Mortgage documents or deeds showing ownership interest in a Doraville property claimed as a residence;

d.

Correspondence in the applicant's name to the claimed Doraville address; or

e.

Rental agreements or a letter certifying a rented residence claimed as applicant's residence.

Hotel means a building in which lodging or board and lodging are provided for more than twenty (20) persons and offered to the public for compensation which meets the requirements set forth in section 23-910. As such, it is open to the public in contradiction to a boarding house, which is herein separately defined.

Impervious surface ratio means the amount of impervious surface, identified in square feet, divided by lot area, identified in square feet, expressed as a percent.

Impervious surface means a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water including streets, roofs, sidewalks, parking lots and other similar structures.

Improvement means any manmade item which becomes part of, or place upon, or is affixed to, real estate.

Industrial park means a large tract of land that has been planned, developed and operated as an integrated facility for a number of industrial uses, including warehousing and distribution, with special attention to circulation, parking, utility needs, aesthetics, and compatibility, a plat of which has been filed within DeKalb County and recognized by the City of Doraville;

Inoperable vehicle means any motorized vehicle incapable of immediately being driven.

Institution means premises occupied by a nonprofit corporation or nonprofit establishment for public or semi-public use.

Junk or salvage yard means a place where waste, discarded or salvaged metals, building materials, paper, textiles, used plumbing fixtures, used cars or trucks in inoperable condition, are bought, sold, exchanged, stored, baled or cleaned.

Junkyard means a lot permitted to store municipal solid waste. See also "Municipal solid waste disposal facility."

Kennel means any location where boarding, caring for and keeping of more than a total of four (4) dogs or cats or other animals or combination thereof (except litter of animals of not more than six (6) months of age) is carried on, and also raising of show and hunting dogs. This term shall not apply to the keeping of animals in a veterinary establishment for the purpose of observation and/or recovery necessary to veterinary treatment.

Kitchen means a room or facility for the preparation of food, with any cooking or warming apparatus. The presence of a refrigerator and/or a sink shall not constitution a kitchen.

Laundromat means a building, or portion thereof, used by a business that provides washing, drying, and/or ironing machines for hire to be used by customers on the premises or by employees of the facility who may on premises wash, dry, fold and/or iron items for customers but excluding dry-cleaning of any item.

Livestock means chicken, turkeys, cattle, hogs, horses, mink, rabbits, sheep, goats, mules, donkeys, ducks, geese, lamas, emus and ostriches or any other domestic animal used for human consumption.

Loading space, off-street means space logically and conveniently located for bulk pickups and deliveries, scaled to the size of delivery vehicles expected to be used.

Lot means a parcel of land occupied or intended for occupancy by a building or use, and any accessory building and use incidental to it, and including open space not less in extent than that required by this chapter, and having its principal frontage upon a public street.

Lot, corner means a lot situated at the intersection of two (2) streets, or bounded on two (2) or more adjacent sides by street right-of-way lines.

Lot coverage means the area of a lot occupied by all buildings expressed as a percentage of the gross area of the lot.

Lot, double frontage means a lot having frontage on two (2) nonintersecting streets, as distinguished from a corner lot.

Lot, flag means any lot which does not contain the minimum lot width at the code-required front yard building setback line. Flag lots are prohibited by City Code and require a variance approved by the City Council.

Lot, frontage means that portion of a lot adjacent to a street.

Lot, interior means a lot other than a corner lot or a through lot.

Lot, line means a boundary of a lot. Lot line is synonymous with property line.

Lot of record means an individual lot or a lot which is a part of a subdivision, the map of which has been recorded in the Office of the Clerk of Superior Court, of DeKalb County, Georgia; or a parcel of land the deed of which has been recorded in the Office of the Clerk of the Superior Court of DeKalb County.

Lot, width means the distance between side lot lines measured at the minimum front yard setback line.

Lowest floor means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other provisions of this chapter.

Manufactured home means a building, transportable in one (1) or more sections, built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term includes any structure commonly referred to as a "mobile home" regardless of the date of manufacture. The term also includes parked trailers; travel trailers and similar transportable structures placed on a site for one hundred eighty (180) consecutive days or longer and intended to be improved property.

Manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and final site grading or the pouring of concrete pads).

Manufacturing, heavy means industrial uses and activities with intense and likely noxious impacts. Uses in this category include, but are not limited to chemical manufacturing, grain milling, petroleum refining, photo processing plants, smelting and refining of metals, and steel works.

Manufacturing, intermediate means industrial activities with moderate and potentially noxious impacts. Uses in this category include, but are not limited to, the production of accessories, athletic or recreational equipment, automobiles and other motor vehicles and parts, book binding, commercial or industrial machinery manufacturing; data processing services; commercial food processing (except fog or grease trap materials processing, handling or treatment); manufacturing of home furnishings, professional or scientific instruments, office supplies (except paper milling); photoengraving; publishing; record pressing; toy manufacturing; upholstering; and welding.

Manufacturing, limited fabrication means light industrial activities involving the use of hand tools and small-scale, light mechanical equipment utilized for the creation or fabrication of art works or goods that are unlikely to have noxious impacts. Such facilities are not to exceed ten thousand (10,000) square feet in size (exclusive of office and retail areas), and shall be in a completely enclosed building with no outdoor operations, outdoor storage or long-term commercial truck parking.

Massage means the manipulation and/or treatment of soft tissues of the body, including but not limited to the use of effleurage, petrissage, pressure, friction, tapotement, kneading, vibration, range of motion stretches, a system of structured touch, pressure, movement, and holding to the soft tissue of the body, and any other soft tissue manipulation whether manual or by use of massage apparatus, and may include the use of water, oils, lotions, creams, lubricants, salt glows or scrubs, hydrotherapy, heliotherapy, hot packs, cold packs or other topical preparations. This term shall not include diagnosis, the prescribing of drugs or medicines, spinal or other joint manipulations, or any service or procedure when performed by a person who is licensed by the state to practice chiropractic, physical therapy, podiatry or medicine. This term shall not include touching of the scalp or ears while providing a haircut, or touching of the hands or feet while providing a manicure or pedicure, by a person licensed by the Georgia State Board of Cosmetology.

Massage establishment means a commercial establishment where any person offers or provides massage. This term shall not include hospitals or other professional health care establishments separately licensed as such by the state.

Massage parlor means any establishment having a source of income or compensation derived from the practice of massage therapy and which has a fixed place of business where any person engages in or carries on any of the activities involved in massage therapy. The term shall be inclusive of and interchangeable with massage establishment.

Massage therapist means a person who administers massage or massage therapy for compensation pursuant to O.C.G.A. § 43-24A-3(7). The term shall be inclusive of massagist, masseuse, and masseur and used interchangeably.

Massage therapy means the application of a system of structured touch, pressure, movement and holding to the soft tissue of the body in which the primary intent is to enhance or restore health and well-being. The term includes complementary methods, including without limitation, the external application of water, superficial heat, superficial cold, lubricants, salt scrubs, or other topical preparations and the use of commercially available electromechanical devices which do not require the use of transcutaneous electrodes and which mimic or enhance the actions possible by hands; the term also includes determining whether massage therapy is appropriate or contraindicated, or whether referral to another health care provider is appropriate. Massage therapy shall not include the use of ultrasound, fluidotherapy, laser, and other methods of deep thermal modalities pursuant to O.C.G.A. § 43-24A-3(8).

Medical waste means any waste generated as a result of the treatment or health care of humans or animals including used syringes, body parts, tongue depressors, blood, or like objects or substances.

Mini-warehouse means a building or portion thereof used for dead storage, mainly of the excess personal property of an individual or family, but also of small amounts of goods or merchandise for businesses or individuals. Mini-warehouses shall not include retail sale on the premises, commercial repair or other services, manufacturing or any other commercial use.

Motel means a building or a group of buildings containing sleeping accommodations for rental.

Municipal solid waste means any solid waste derived from households, including garbage, trash and sanitary waste in septic tanks and includes solid waste from single-family and multi-family residences, hotels and motels, bunkhouses, campgrounds, picnic grounds, and day use recreation areas. The term includes yard trimmings and commercial solid waste, but does not include solid waste from mining, agricultural or sivicultural operations or industrial processes or operations.

Municipal solid waste disposal facility means any facility or location where the final deposition of any amount of municipal solid waste occurs, whether or not mixed with or including commercial or industrial solid waste, including, but not limited to, municipal solid waste landfill.

New construction means any construction not in existence or permitted as of November 3, 2008.

Nightclub means a place of entertainment open at night serving food and/or liquor and providing music and space for dancing with or without a floor show. The principal business of a nightclub shall be entertaining, and the serving of alcoholic beverages shall be incidental thereto.

Nonconforming use or structure means any building, structure, or use of land lawful at the time of passage of amendment of this chapter which does not conform, after the passage or amendment of this chapter with the regulations of the district in which it is located.

Noxious matter means material in gaseous, liquid or solid form which is capable of causing injury to living organisms, chemical reactions, or detrimental effects upon the physical, social, economic or psychological well-being of individuals.

Nursery school or kindergarten means any premises or portion thereof used for educational work or parental care of children of less than the age normally required for enrollment in the public school system.

Nursing home means a home for the aged, chronically ill, or incurable persons in which three (3) or more persons not of the immediate family are kept or provided with food and shelter or care for compensation; but not including hospitals, clinics, or other similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

Occupant means the individual or individuals in actual possession of a premises.

Octave band means a "means" of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.

Octave band filter means an electrical frequency analyzer designed to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals.

Odorous matter means any matter or material that yields an odor which is offensive in any way to a person with reasonable sensitivity.

Official zoning map means a legally adopted map that conclusively shows the location and boundaries of zoned districts.

Open space means any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment.

Outdoor storage means the keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than twenty-four (24) hours.

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

Parking area means any public or private land used for parking vehicles including parking lots, garages, private driveways and legally designated areas of public streets.

Parking lot means any designated area designed for temporary accommodation of motor vehicles in normal operating condition.

Parking lot, standalone means a place for short-term parking of automobiles or trucks with access controlled via an attendant and/or automated payment machines, which are monitored via security cameras, and where all spaces are on graded and paved surfaces.

Parking space, off-street means an off-street parking space consisting of a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, design standards for which are contained in this chapter.

Particulate matter means any material, except uncombined water, which exists in a finely divided, suspended form as a liquid or solid at standard conditions.

Performance standards means criteria established to control building enclosure, landscaping, noise, odorous matter, exterior lighting, vibration, smoke, particulate matter, gasses, radiation, storage, fire, and explosive hazards, and humidity, heat, or glare generated by or inherent, in uses of land or buildings.

Performance venue, indoor means a facility for theatrical, musical, or other recreational productions, including stadiums, coliseums, concert halls, and other similar indoor facilities, but excluding sexually oriented businesses as defined in chapter 6, article X.

Performance venue, outdoor means a facility for theatrical, musical, or other recreational productions, including amphitheaters and other similar outdoor theaters, but excluding sexually oriented businesses as defined in chapter 6, article X.

Permit means the permit issued by the City of Doraville to the applicant which is required prior to undertaking any development activity.

Permitted uses means that use of a lot which is among the uses allowed as a matter of right under the zoning classifications.

Personal care home. See "Assisted living facility."

Planned unit development (PUD) means a site upon which residential, commercial, industrial or other land uses or any combination thereof, provided there is a residential component, as may be authorized by the City Council in a flexible manner so as to achieve the goals of a municipal comprehensive plan. The development is based on a site specific plan that requires City Council approval.

Planning Commission means a body that gives nonbinding recommendations to the City Council on zoning matters, also known as the "Planning Commission for the City of Doraville, Georgia."

Planting zone means the portion of a streetscape reserved for street trees, landscaping, street furniture, bike racks, transit shelters, utility boxes, and other amenities located in the public realm and similar elements in a manner that does not obstruct pedestrian access or motorist visibility. Unless otherwise specified, the planting zone should be located between the back of curb and the sidewalk.

Prefabricated building or home means a structure built off-site in a factory or other facility and delivered to a site for final assembly as opposed to a "stick built" structure as the term is commonly used in the building industry.

Premises means a lot, together with all buildings and structures existing thereon.

Private deed restrictions or covenants means private deed restrictions or covenants imposed on land by private land owners. These bind and restrict the land in the hands of present owners and subsequent purchasers. They are enforced only by the land owners involved and not by the City or other public agency.

Recreational vehicle means a vehicle which is:

(1)

Built on a single chassis;

(2)

Four hundred (400) square feet or less when measured at the largest horizontal projection;

(3)

Designed to be self-propelled or permanently towable by light duty truck; and

(4)

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

Recycling center means a building and/or lot for the processing and compounding of nonexplosive materials not including fog, construction debris, or other waste products, the purpose of which is shipment to others who will use those materials or derivative thereof to manufacture new products, or for such activities on the existing site.

Recycling collection point means an incidental use that serves as a neighborhood drop-off point for temporary storage of recoverable resources operated by a government or other nonprofit organization. No processing of such items being allowed.

Recycling plant means a facility that is not a junkyard and in which recoverable resources such as newspapers, magazines, books and other paper products; glass; metal cans; construction material or debris; and other products are recycled, reprocessed and treated to return such products to a condition in which they may be again used for production.

Refuse means all putrescible and nonputrescible solid waste (except human body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, and solid market fog and industrial wastes. In addition, for purposes of commercial roll-off services only, the term "refuse" shall include construction debris.

Residence means a home or dwelling utilized as living quarters.

Restaurant means a facility where food and beverages are offered for sale to the public for consumption at tables or counters either inside or outside the building on the lot. The serving of meals shall be the principal business conducted, with the serving of alcoholic beverages to be consumed on premises, music and dancing incidental thereto. Incidental use does not include the "closing" of the restaurant for the general public in order to conduct an entertainment event at a charge. Incidental uses are subject to all other applicable ordinances, such as alcoholic beverage license requirements. As an accessory use, take-out service of food and beverages for off-site consumption may be provided.

Restaurant (drive-in or drive-through) means a restaurant or eating establishment which serves patrons seated in a motor vehicle parked on a parking lot or driveway, or where prepared foods are sold and taken off the building to be consumed.

Right-of-way means access over or across a particularly described property for a specific purpose.

Right-of-way line means the line dividing a lot, tract or parcel of land from street contiguous thereto and delimiting the extent of the right of public usage; said line shall be established by a recorded plat or description, or by continued public usage.

Rooming house. See "Boarding house."

Rubbish means nonputrescible solid wastes (excluding ashes), consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials.

Salon means a beauty salon, nail salon, tanning salon and similar personal service establishments where the Georgia Board of Cosmetology or other state professional certifying entities licenses all services provided. This use excludes massage establishments, and tattoo/body craft studios.

Sauna and spa establishment means a recreational establishment providing a variety of non-medical personal services to the general public, open twenty-four (24) hours a day, seven (7) days a week. See section 23-809(k) for more details.

Sexually oriented business means an "adult bookstore or adult video store," an "adult cabaret," an "adult motion picture theater," a "semi-nude model studio," or a "sexual device shop" as those terms are defined in chapter 6, article X of the Code of Ordinances, City of Doraville, Georgia.

Shopping center means 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 area that unit serves, and providing on-site parking in definite relationship to the types and sizes of stores.

Shopping centers are classified by type; each distinctive in its own function:

Neighborhood shopping center: Provides for the sale of convenience goods (foods, drugs, sundries, etc.) and personal services (laundry, dry cleaning, 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.

Community shopping center: In addition to the convenience goods and personal services of the neighborhood center, this provides a wider range for the sale of soft lines (apparel, etc.) hard lines (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.

Regional shopping center: Provides for general merchandise, apparel, furniture and home furnishings in full depth and variety. It is built with one (1) or more full line department stores as the focal point.

Specialty retail center: Provides for retail sale of merchandise, apparel, etc. and is built as a single architectural unit but does not usually contain an anchor store such as a supermarket, junior department store or department store.

Short-term rental means an accommodation or lodging unit for transient guests where, in exchange for compensation, (a) a residential dwelling unit or (b) a separate bedroom in an owner-occupied residential dwelling unit, in which the owner is present, is provided for overnight lodging for a period of less than thirty (30) consecutive days. For the purposes of this definition, a short-term rental shall include all housing types, but shall exclude hotels, motels, and boarding or rooming houses, as such terms are defined in this chapter.

Sidewalk means the portion of a streetscape that is unobstructed by any permanent objects to a vertical height of eight (8) feet and is reserved exclusively for pedestrian circulation and passage.

Sign. See chapter 14, section 14-1.

Sign, outdoor advertising means any sign or structure used as an outdoor advertisement or display for the purpose of making anything known, the subject advertised or displayed being located on the same or different premises as the sign or structure, subject to the restrictions of the Doraville Sign Ordinance.

Sign, principal use means a sign pertaining to the announcing or describing of the use of the premises upon which it is displayed, subject to the restrictions of the Doraville Sign Ordinance.

Site means the parcel of land being developed, or the portion thereof on which the development project is located.

Sound level meter means an instrument standardized by the American Standards Association for measurement of intensity of sound.

Spa establishment means a commercial establishment that offers or engages in personal services that call for the patron to disrobe, such as body wraps, hydro mineral wraps, body polish, body wash, baths and hydro tub soak. This term shall not include hospitals or other professional health care establishments separately licensed as such by the state.

Special training school means a facility for the instruction of a particular profession or body of knowledge, including barber and beauty schools, business and vocational-technical schools, GED instruction, dance schools, exercise studios, indoor driving schools, and tutoring.

Stable means a building in which horses are sheltered which may be accessory to a residential or other use or a freestanding principal use.

Start of construction means the date the permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within one hundred eighty (180) days of the permit date. For any substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Station, bus means a freestanding building in which patrons of a for-pay motor carrier may purchase tickets for passage on said motor carrier, may board and disembark said motor carrier, but which does not allow any motor carrier to remain on the premises for more than two (2) hours at a time, except under extraordinary circumstances, such as inclement weather or mechanical failure. All motor carriers located on the station property shall require the driver or chauffeur to be actually present and in charge thereof.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, the space between the floor and the ceiling next above it, provided that a room, suite, or story, with more than one-half (½) of its height below grade shall not be considered a story for the purpose of height regulations.

Street means a right-of-way for vehicular traffic whether designated as street, highway, thoroughfare, parkway, road, avenue, drive, expressway, boulevard, lane, place, circle, alley or otherwise. Various classifications of streets shall be defined as follows:

(1)

Arterial: A street which is used primarily for fast and heavy traffic flow; is of considerable continuity; and is used as a traffic artery for intercommunication between large areas.

(2)

Major collector: A street which carries traffic from activity centers and minor collector streets to arterial streets and streets of higher classification.

(3)

Minor collector: Principal entrance streets to subdivisions and the main streets for circulation within a subdivision which serve a network of four (4) or more local streets. Minor collector streets are designated so that traffic circulation in a subdivision would cause such a street to be used as a link between local streets and major collector or arterial streets.

(4)

Local: A street used primarily in residential subdivisions for access to abutting properties as opposed to the collection and dispersion of traffic.

(5)

Cul-de-sac: A local street with only one (1) outlet closed and terminated by a vehicular turnaround.

Structure means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Amongst other things, structures include physical objects such as buildings, walls, and fences.

Subdivision means the division of a tract or parcel of land resulting in one (1) or more new lots or building sites for the purpose, whether immediately or in the future, of sale, other transfer of ownership or land development, and includes divisions of land resulting from or made in connection with the layout or development of a new street or roadway or a change in an existing street or roadway.

Subdivision, major means the division of a plot, lot or tract of land into four (4) or more residential building lots for the purposes of the creation of single-family detached or attached dwelling lots, the dedications of streets or where the threshold exemptions set forth in minor subdivision definition have been met and includes divisions of land resulting from or made in connection with the layout or development of a new street or roadway or a change in an existing street or roadway.

Subdivision, minor means the division of a buildable lot of record into not more than three (3) residential building lots provided there is not the creation of any public right-of-way or the required dedication by the City of Doraville and/or DeKalb County, Georgia of any additional right-of-way for substandard street(s) relative to road classification. For purposes of this definition, a minor subdivision must also meet the following criteria:

(1)

Each proposed lot shown thereon complies with all requirements of the zoning chapter and is limited to single-family detached residential use. The need for any variance (administrative or nonadministrative) automatically disqualifies a minor subdivision review and approval.

(2)

Each proposed lot abuts upon an existing paved (asphalt or concrete) public street for a minimum of thirty (30) feet and no private street, alley, or cross access easement is proposed.

(3)

Each proposed lot does not require the use of an approved septic system for any lot which is proposed to be created.

(4)

None of the proposed lots require approval from the Georgia Department of Transportation (GDOT) of any existing or proposed curb-cut.

Subdivision, nonresidential means the division of a plot, lot or tract of land into nonresidential building lots (excluding single-family attached and single-family detached) and including, but not limited to, the creation of any public or private streets and where the resultant lots are in compliance with the zoning chapter.

Subdivision, re-combination means the combination or recombination of all of two (2) or more lots of record, where the total number of lots is not increased and the resultant lots or parcels are in compliance with the zoning chapter.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceeds fifty (50) percent of the market value of the structure before the damage occurred.

Substantial improvement means any combination of repairs, reconstruction, alteration, or improvements to a building, taking place during a ten-year period, in which the cumulative cost equals or exceeds fifty (50) percent of the market value of the structure prior to the improvement. The market value of the building means (1) the appraised value of the structure prior to the start of the initial repair or improvement, or (2) in the case of damage, the value of the structure prior to the damage occurring. This term includes structures which have incurred "substantial damage" regardless of the actual amount of repair work performed. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include those improvements of a building required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, which have been pre-identified by the quality of life/code enforcement/building official, and not solely triggered by an improvement or repair project.

Tank farm means an open-air facility containing one (1) or more above ground containers with an individual or collective storage capacity of greater than or equal to sixty (60) gallons designed for the bulk storage of chemicals, petroleum, natural gas, or propane products, or other materials (including raw materials) but excluding the storage of waste(s). Retail cylinder exchange locations shall not constitute a tank farm.

Television reception device means any device designed or used for the reception of television signals including, but not limited to, antennas, satellite dishes, parabolic discs, and other similar devices for receiving transmissions of television signals.

Tenant means a person, business or other entity that occupies land or buildings by ownership, under a lease, or through payment of rent; an occupant, inhabitant, or dweller of a place.

Tent means a collapsible enclosed shelter of fabric (such as nylon or canvas) stretched and sustained by poles and used as a temporary building, enclosure or for camping outdoors; provided, however, this definition shall not apply if enclosure is made of transparent netting or screen.

Terminal, bus means a freestanding building in which patrons of a for-pay motor carrier may purchase tickets for passage on said motor carrier, and board and disembark said motor carrier, and which allows buses to remain in a second area for more than twelve (12) hours at a time. All motor carriers located on the terminal property shall require the driver or chauffeur or designated company personnel to be actually present and in charge thereof.

Terminal, truck means a building or area in which freight brought by truck is assembled and/or stored for routing or reshipment, or in which semi-trailers, including tractor and/or trailer units and other trucks, are parked or stored.

Townhouse means a type of dwelling that is one (1) or more stories in height which has outside, individual front and rear entrances, is separated from other dwellings by fire-rated common party walls extending from the foundation to the roof decking, is part of a contiguous group of at least three (3) townhouses, shall be considered a multi-family structure, and all of which are under condominium or cooperative ownership.

Townhouse, fee simple means a townhouse unit, as defined above, that has the common wall or walls between it and the adjoining townhouse unit or units as its property line or lines between that unit or those units, that have individual meters for all utilities, and that has access to a public street, and meets the standards described herein.

Toxic material means materials (gaseous, liquid, solid, or particulate) which are capable of causing injury to living organisms by chemical reaction even when present in relatively small amounts.

Trailer (motor home) means a motorized vehicle designed and/or maintained for use as a temporary dwelling or sleeping place for travel or recreation purposes exclusively, having no foundation other than wheels or jacks.

Trailer (travel) means a nonmotorized vehicle, pulled by an automobile or truck designed and/or maintained for use as a temporary dwelling or sleeping place for travel or recreation purposes exclusively having no foundation other than wheels and jacks.

Trailer park means a parcel of land which is used solely for the rental or lease of lots for transient campers, trailers, motor homes or temporary parking of any other recreational vehicle that is not a mobile home.

Trash. See "Garbage," "Medical waste," "Municipal solid waste," "Refuse," "Rubbish" and "Waste."

Truck stop means a facility intended to provide services to the trucking industry, including but not limited to the following activities: dispensing of fuel, truck repair, and restaurant; but excluding hotels, motels, extended stay facilities, shower or changing facilities or overnight parking, all as part of the facility designed to accommodate two (2) or more tractor trailer vehicles.

Use means the purpose or purposes for which land or a building is designed, arranged, or intended, or to which said land or building is occupied, maintained or leased.

Variance means a grant of relief from the requirements of this chapter which permits construction in a manner otherwise prohibited by this chapter.

Vehicle means any automobile or other vehicle propelled by its own motor and operating on ordinary roadways. As used herein, the term includes passenger cars, trucks, motorcycles, motor scooters, motorized bikes and the like.

Violation means the failure of a structure, lot, use or other development to be fully compliant with the community's ordinances and regulations. A structure or other development without the elevation certificate, other certificates, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

Warehouse means a building used primarily for the storage of goods and materials.

Warehousing and distribution means a use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions.

Waste. See "Garbage," "Hazardous substance," "Medical waste," "Municipal solid waste," "Noxious material," "Refuse," "Rubbish," and "Toxic material."

Waste transfer station means a facility used for the temporary storage and collection of waste materials.

Wind turbine means a machine with a turbine apparatus (rotor blades, nacelle and tower) capable of producing electricity by converting the kinetic energy of wind into rotational, mechanical, and electrical energy.

Yard means 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 means a yard extending the full width of the lot, and situated between the right-of-way line of the abutting street and the front line of the principal building.

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

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

Zoning chapter means the zoning chapter of the City of Doraville, Georgia as adopted and amended.

Zoning proposal shall mean any application or request for rezoning of land by the City or any other party, zoning ordinance or zoning text amendments or zoning map or map amendments, conditional uses and permits and special use permits.

(Ord. No. 2008-17, § 1, 9-25-08; Ord. No. 2008-23, § 1, 10-27-08; Ord. No. 2008-33, § 1, 12-1-08; Ord. No. 2009-001, § 1, 1-20-09; Ord. No. 2009-14, § 1, 4-27-09; Ord. No. 2011-13, § 1, 3-28-11; Ord. No. 2012-17, § 1, 9-4-12; Ord. No. 2012-28, § 2, 12-17-12; Ord. No. 2014-06, § 1, 3-17-14; Ord. No. 2014-07, § 1, 6-2-14; Ord. No. 2014-09, § 2, 8-25-14; Ord. No. 2015-01, § 1, 3-2-15; Ord. No. 2015-03, § 1, 3-2-15; Ord. No. 2018-014, § 1, 9-4-18; ; Ord. No. 2021-71 (A-21-18), § 1, 8-18-21; Ord. No. 2021-64 (A-21-23), § 1, 10-20-21; Ord. No. 2022-36 (A-22-15), § 1, 8-15-22; Ord. No. 2022-60 (A-22-23), § 1, 11-14-22; Ord. No. 2022-85 (A-22-24), § 3, 12-19-22; Ord. No. 2023-17 (A-23-03), § 2, 3-13-23; Ord. No. 2025-13(A-25-07), § 1, 11-19-25)