Pursuant to the authority conferred by Georgia Constitution, Article IX, § II, part IV, as amended, and for the purposes of promoting the health, safety, morals or general welfare of the community of the City of Eatonton and other purposes, this chapter regulates the location, construction and use of buildings, structures and land; and divides the city into districts for such purposes and establishes boundaries therefore; provides for the method of administration and amendment; and prescribes penalties for the violation of its provisions.

(Ord. of 3-20-2006)

This chapter is made and designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to prevent flooding of improved property; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sanitation, schools, parks, housing, communications, health care and other public requirements; to promote the health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of the city; and to improve the quality of life through protection of the city's total environment including, but not limited to, the prevention of air, water and noise pollution. Such regulations are made with reasonable consideration, among other things, of the character of the district and its peculiar suitability for particular uses, and with a view to promoting desirable living conditions and the sustained stability of neighborhoods, protecting property against blight and depreciation, securing economy in governmental expenditures, conserving the value of buildings and encouraging the most appropriate use of land and other buildings and structures throughout the city.

(Ord. of 3-20-2006)

This chapter shall be known and may be cited as the "Zoning Ordinance of the City of Eatonton."

(Ord. of 3-20-2006)

(a)

Generally. This section is intended to define terms frequently used throughout this chapter. It is not intended to be exhaustive, and definitions also may appear in article IV of this chapter (the permitted use regulations). Words not specifically defined in this section shall be construed to have the customary or preferred meaning given by Webster's New Collegiate Dictionary, latest edition published.

(b)

Use and interpretation. The following shall apply to the use of all words in this chapter:

(1)

Words used in the present tense shall include the future tense.

(2)

Words used in the singular shall include the plural and vice versa.

(3)

The word "shall" is mandatory.

(4)

The word "may" is permissive.

(5)

The nouns "zone," "zoning district" and "district" have the same meaning and refer to the zoning districts established by this chapter.

(6)

The noun "use" shall mean the manner in which a structure, building or parcel of land actually is occupied.

(7)

The noun "map" means the "Official Zoning Districts Map of Putnam County, Georgia," (includes the City of Eatonton) adopted in 1997 and amended from time to time as permitted in this chapter.

(8)

The word "structure" includes, but is not limited to, the word "building."

(9)

The word "lot" shall include the words "piece," "plot," and "parcel."

(10)

The word "should" is suggested but not mandatory.

(11)

The word "constructed" includes the word "erected", "built", "altered", "rebuilt", and "repaired".

(c)

Specific definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Accessory building or use means a subordinate building or use which is customarily incidental to the principal use or building and which is located on the same lot with the principal use or building.

Adult arcade means an establishment, where for any form of consideration, one or more motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of specified anatomical areas or specified sexual activities.

Adult bookstore means an establishment in which more than 20 percent of its stock in trade is offered for sale for any form of consideration any one or more of the following:

(1)

Books, magazines and periodicals containing pictures, films, motion pictures, photographs, video cassettes, slides or other visual representations which are characterized by an emphasis upon the depiction of specified anatomical areas or specified sexual activity.

(2)

Instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.

Adult cabaret means a nightclub, bar, restaurant or similar establishment which features or allows live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activity, or which features motion pictures, video cassettes, slides or other photographic picture reproductions which are characterized by an emphasis on specified anatomical areas or specified sexual activity.

Adult entertainment means entertainment that is characterized by an emphasis on the depiction, display or the featuring of specified anatomical areas or specified sexual activity.

Adult entertainment establishment means any commercial establishment which features or allows any form of adult entertainment as defined in this chapter; and shall specifically include: adult bookstore, adult cabaret, adult motion picture theater, adult theater and adult arcade. However, traditional or live theater shall not be included in this definition.

Adult movie theater means an establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and which a substantial portion of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult theater means an establishment such as a theater, concert hall, auditorium or similar entertainment facility which, for any form of consideration, features or allows live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities. Traditional or live theater shall not be included in this definition.

Airport community means a residential development within which there is a runway or landing area/strip that may be used by the residents of the airport community or their guests for their pleasure or at their leisure. The landowners will generally be somewhat contiguous to the runway or landing area/strip. The development (runway, roads, lots, structures, etc.) must be integrally designed together and be approved under the conditional-use provisions of the chapter.

Alley means a service way providing a secondary means of access to abutting properties.

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

Amusement facility means an establishment in which 30 percent or more of the gross floor area is utilized by amusement machines or their patrons. This can be a primary or secondary use within the establishment.

Amusement machines means any mechanical, electronic and/or coin-operated game and/or device for the amusement of patrons. This definition shall not be construed to include coin-operated music players, coin-operated mechanical kiddy rides or coin-operated television.

Apartment means a multifamily residential building containing four or more dwelling units exclusive of a townhouse building or unit; also, a dwelling unit within an apartment building.

Applicant means the owner, or his rightfully appointed agent, of land proposed to be subdivided.

Arterial means a street used primarily for fast or heavy through-traffic. The recommended future right-of-way is 80 feet (40 feet from the centerline).

Automobile repair garage means any area of land, including structures thereon, used for the retail service of major repairs, minor repairs and painting of automobiles, including the incidental services of lubricating and cleaning. Those garages in which major repairs and painting may occur will also be referred to as "automotive repair garages."

Banquet/reception hall means an establishment which is rented by individuals or groups to accommodate private functions including, but not limited to, banquets, weddings, anniversaries, religious services, and other such gatherings. Such a use may or may not include kitchen facilities for the preparation or catering of food. In some cases, a restaurant may be associated with a banquet/reception hall.

Bar/tavern/pub/cocktail lounge means a commercial structure open for public use in which alcoholic beverage sales may constitute more than 50 percent of the gross sale of goods. All such facilities must operate in compliance with O.C.G.A. § 3-3-40 et seq., as amended, or any other applicable state law.

Basement means an area below the first floor, having more than one-half of its clear floor-to-ceiling height below the average grade of the adjoining ground, used for storage, garages for use of occupants of the building, janitor/watchman quarters or other utilities common to the rest of the building; synonymous with the term "cellar."

Bed and breakfast means a single-family dwelling, other than a hotel, motel, or boardinghouse, or portion thereof, providing eight or fewer rooms for rent where short-term lodging and meals are provided to registered guests for compensation. The owner of the bed and breakfast must live on the premises. Functions and special events such as weddings, dinners, meetings, and receptions that comply with the conditions outlined in section 75-452(l)(3) for registered and/or non-lodging guests are permitted.

Bedroom means that room within a dwelling unit that is normally used to provide sleeping accommodations for the residents of the unit, regardless of its daytime use.

Block means a piece or parcel of land usually bounded on all sides public by streets or other transportation routes, such as railroad lines, or by physical barriers such as water bodies or public open spaces, and not transversed by a through street. Blocks are divided into lots for building purposes.

Boarding or rooming house means any dwelling in which three or more persons either individually or as families are housed for payment with or without meals.

Brewery means an establishment that manufactures beer and malt beverages.

Buffer means portion of a lot set aside for open space and visual screening purposes, pursuant to applicable provisions of this chapter, to separate differing use districts or to separate uses on one property from uses on another property of the same use district or a different use district. Such visual screening, unless otherwise provided in this definition, shall be of a nature calculated to attain a 20-foot height within three years of planting.

Building means any roofed structure enclosed and isolated by exterior walls, constructed or used for a residence, business, industry or other public or private purposes; or accessory thereto, and including, but not limited to, tents, lunch wagons, dining cars, trailers, mobile homes, manufactured homes and similar structures, whether stationary or movable.

Building inspector means the primary employee or his/her designee at planning and development that administers and enforces zoning, development, building code and related regulations. "Building inspector" is also known as "director of planning and development", "building official", or "chief building inspector".

Building permit means a permit that authorizes actual construction or alteration of a physical structure on any property within the city limits and which issues after issuance of a development permit.

Building, principal means a building in which is conducted the principal use of the lot on which it is located.

Building setback line means the minimum horizontal distance allowed between the future street right-of-way line and the principal building or structure on a lot or any projection thereof except the projections of eaves, gutters and similar fixtures as permitted by this chapter.

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 means the purchase, sale or other transaction involving the handling or disposition of any article, service, substance or commodity for livelihood or profit; or the maintenance and use of offices, structures and premises by professions and trade rendering services.

Cafeteria means an eating establishment where persons serve themselves or are served from one common food service area.

Clinic means a use where medical examination and treatment is administered to persons on an outpatient basis. No patient shall be lodged on an overnight basis.

Club or lodge, private means 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.

Collectors mean streets that carry traffic from local streets to the major system of arterial or freeways. The recommended future right-of-way is 80 feet.

Comprehensive plan means a comprehensive policy, which may consist of several maps, data and other descriptive matter, for the physical development of the city or any portions thereof, including any amendments, extensions or additions thereto adopted by the city council indicating the general location for airports, roads, schools, parks, correctional facilities, utilities or other similar information. This plan is based upon and includes appropriate studies of the location and extent of present and anticipated population, social and economic resources and problems. This term includes component or functional plans for the city including, but not limited to, a plan for land use or a plan for transportation facilities.

Conditional rezoning means the attachment of special conditions to a rezoning that are not spelled out in the text of this chapter.

Conditional use means a use that, because of potential ill effects or inconsistency between it and uses allowed in a district as a matter of right, may exist or operate only after issuance of a conditional use permit.

Condominium means a form of ownership as defined by state law in which common elements are jointly owned. A condominium is not a building type.

Council means the mayor and/or city council for the City of Eatonton.

Covenant means a private agreement running with and intended to burden and benefit a particular tract of land. Under no circumstances does the city enforce such covenants.

Day nursery/kindergarten means a school for pre-elementary school children ranging in age from three through six years that operates for less than four hours per day.

Density means, as used in residential categories, the number of dwelling units permitted per acre or other specified area of land.

Developer is synonymous with the terms "applicant" and "sub-divider."

Development, existing means those projects that are built and those projects that, at a minimum, have established a vested right based on at least one of the following criteria:

(1)

Substantial expenditure of resources (time, labor, money) based on a good faith reliance upon having received a valid local government approval to proceed with the project; or

(2)

Having a valid outstanding building permit; or

(3)

Having expended substantial resources (time, labor, and money) and having an approved site specific, or phased development plan in compliance with the zoning ordinance.

Development permit means a permit that authorizes initial clearing, grading, dredging, excavating, filling or other site preparation for the use, construction upon or alteration of any property within the city limits.

Distillery means an establishment that manufactures distilled spirits or spirituous liquor.

District means a section of the city within which the zoning regulations are uniform.

Drive-in restaurant means eating and/or drinking establishment that caters to motor-driven vehicle business where the person being served consumes his food/drink while sitting in his vehicle or where curb or carryout services are provided.

Drive-through restaurant means food service establishment that sells food from a counter or window for consumption on-premises or off-premises. Tables may be provided and food may be served at a table, but may not be ordered from a table.

Duplex means one structure containing two separate dwelling units.

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

Easement means a grant by a property owner of the use of land for a specific purpose or purposes by the general public, or a corporation or a certain person or persons.

Family means one or more persons related by blood, marriage or adoption.

Floodplain means that area within the intermediate regional flood contour elevations (IRF) subject to periodic flooding as designated by the building inspector or like city official, based upon the U.S. Corps of Engineers' floodplain information reports and other federal, state or city hydrologic studies.

Floor area means the sum of all floors of a structure as measured to the outside surfaces of exterior walls or the center of common or connected walls, including common public areas such as lobbies, restrooms and hallways; but excluding attic space with headroom of less than seven feet, uncovered steps or fire escapes, open porches, accessory water or cooling towers, permanent mechanical and elevator housing, accessory off-street parking spaces, accessory off-street loading berths and basement storage area.

Freeways means streets used primarily for fast or heavy through traffic and which are divided with full control of access and no crossing at grade. The required future right-of-way for freeways will be based upon design criteria.

Frontage, lot means the distance for which the front boundary line of the lot and the street right-of-way line are coincident.

Frontage, street means all the property on the side of a street between two intersecting streets (crossing or terminating), or if the street is dead-ended, then all the property abutting on one side between an intersecting street and the dead-end of the street.

Garage apartment means a dwelling unit located on top of a garage or a converted section of a garage that is accessory to a principle residence on the same lot.

Garage, private means an accessory building or a portion of a main building used for the parking or storage of automobiles of the occupants of the main building. A carport would be considered as a private garage.

Grade means the average elevation of the finished surface of the ground adjacent to all sides of any structure.

Group home means residential structure occupied by individuals unrelated to the property owner, in which the residents require watchful oversight and assistance with the aspects of daily living due to age, status, impairment or infirmity.

Hazardous waste means solid or liquid waste material resulting from the manufacture or use of pesticides and drugs (other than normal household use); pathological and other medical wastes; highly flammable or explosive wastes; toxic wastes; biomedical wastes; and other waste material that may be a hazard to the public health, safety or environment, except radioactive waste materials as defined by the state.

Height means the vertical distance measured from the finished grade along all walls of a structure to the highest point of the coping or parapet of a flat roof or to the average height between eaves and ridge for gable, hip and gambrel roofs.

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

Hospice means a home for terminally ill persons with less than six months to live in which palliative care and social services, including bereavement counseling, is provided.

Hospital means a structure in which is provided in-patient health care for people, including general medical and surgical services, psychiatric care and specialty medical facilities. Outpatient facilities within such structures in which such services are provided are included.

Hotel means a building in which lodging, or board and lodging, are provided for more than 20 persons and offered to the public for compensation, and in which ingress and egress to and from each sleeping room is made through the interior of the building.

Individual water well means any well constructed for the purpose of obtaining ground water to supply water appurtenant to a single-family dwelling and intended for domestic use, including, but not limited to, household purposes, farm livestock, or gardens.

Industrialized building means any structure or component thereof that is manufactured in accordance with the Georgia Industrial Building Act and the rules of the commissioner of community affairs issued pursuant thereto and which must bear a seal of approval issued by the commissioner of the department of community affairs.

Inventory means either material, temporary structures, or other similar items that are a part of businesses goods for sale or display and are a part of the balance sheet.

Junked vehicle means any wrecked or non-operable automobile, truck or other automotive vehicle that does not bear a current license plate.

Junkyard means any use on public or private property involving the parking, storage or disassembly of junked vehicles, or wrecked or nonoperable automobiles, trucks or other automotive devices; storage, bailing or otherwise dealing in bones, animal hides, scrap iron and other metals; used paper, used cloth, used plumbing fixtures, old stoves, old refrigerators and old household appliances; and used brick, wood or other building materials. These uses shall be considered junkyards whether or not all or part of these operations are conducted inside a building or in conjunction with, in addition to or accessory to other uses of the premises.

Kennel means any location where boarding, caring for and the keeping of more than a total of three dogs or cats or other small animals (except litters of animals of not more than six months of age) is carried on, and also raising, breeding, caring for or boarding dogs, cats or other small animals for commercial purposes.

Land disturbance permit means a permit for any development that disturbs more than 1.1 acre of land that may result in soil erosion from water or wind and the movement of sediments which may include clearing, dredging, grading, excavating, transporting and filling of land.

Landfill means an area of land on which or an excavation in which solid waste is placed for permanent disposal and which is not a land application unit, surface impoundment, injection well, or compost pile, as those terms are defined by current Georgia Law or current DNR regulations.

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

Local streets means streets used primarily to access abutting properties. The recommended future right-of-way is 60 feet, 30 feet from the centerline.

Lot means a development or undeveloped tract of land in one ownership, legally transferable as a single unit of land. The term "lot" is synonymous with the term "parcel." A lot must meet the requirements of the zoning district in which it is located and must front on a public street or on an approved private street.

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

Lot coverage means the percentage of a lot that may be covered with buildings or structures, excluding walks, drives and other similar uses and recreational facilities which are accessory to a permitted use.

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

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

Lot of record means a lot that is part of an approved subdivision, a plat of which has been recorded in the office of the clerk of the superior court; or a parcel of land, the deed of which has been recorded in the office of the clerk of the superior court.

Lot width means the width of a lot is the distance from one side lot line to the other side lot line measured at the minimum building setback line.

Lunch counter/coffee shop means an eating establishment in which 50 percent or more of the seating is provided at a counter.

Manufactured home means a detached, single-family dwelling designed for long-term occupancy, designed to be transported on its own wheels, arriving at the site as a complete dwelling unit, usually including major appliances and furniture, and ready for occupancy; which dwelling has been constructed in accordance with the Federal Manufactured Home Construction and Safety Standards of June 15, 1976, as amended, and bears an insignia issued by the U.S. Department of Housing and Urban Development. Removal of the wheels and placement of this dwelling on a foundation does not change its classification. A travel trailer is not a manufactured home.

Manufactured home lot means a parcel of land in a manufactured home park for the placement of a single manufactured home and for the exclusive use of its occupants.

Manufactured home park means a parcel of land under single ownership on which three or more manufactured homes are located for the purpose of residential use.

Manufactured home stand means that part of a manufactured home lot that has been reserved for the actual physical placement and tie-down of a manufactured home for non-transient use.

Marina means a location, with or without lake access, in which boats may be stored or serviced and from which boats and boating supplies, possibly including food and recreational items, may be purchased or rented.

Minimum square feet per dwelling means the area of a dwelling which is designed as interior living space and which is heated or air-conditioned or both and excluding any porch area which is open to the elements or any area designated as or used as a carport or garage.

Mini-warehouse/self-storage means a building or group of buildings in a controlled access and secured compound that contains varying sizes of individual, compartmentalized and controlled-access stalls or lockers for the dead storage of customers' goods or wares.

Mobile home means a manufactured home constructed prior to 1976.

Mobile office/sales center means a temporary sales center, in a mobile or "spec" structure, may be used to market homes during the development and building phase of a subdivision.

Model home means a dwelling used initially for display purposes that typifies the type of units that will be constructed in the subdivision.

Modular home means a factory fabricated transportable building consisting of units designed to be assembled 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 regulations of the Southern Building Code Congress International, Inc.

Motel means a building in which lodging or board and lodging are provided for transient guests and offered to the motoring public for compensation in which ingress and egress to and from all rooms is made primarily from an exterior walkway rather than from an interior lobby.

Nonconforming lot, use and building means a legally existing lot, use or building which fails to comply with any provision of this chapter either at the effective date of the resolution from which this chapter is derived, or as the result of subsequent amendments; synonymous with the term "grandfathered lot, use or building."

Nonpublic water well means any well constructed as a source of water supply for a water system which provides piped water to the public for human consumption, if such system has fewer than 15 service connections or regularly serves fewer than 25 individuals, excluding individual water wells.

Nonresidential development means all commercial, office, institutional, manufacturing, industrial and similar lands and uses.

Nursing/convalescent home means a use in which domiciliary care is provided to three or more elderly or convalescing non-family members who are provided with food, shelter and medical care.

Open space means that portion of a lot, including yards, which is open and unobstructed from its lower level to the sky, with the exception of natural foliage or accessory recreational facilities or walkways.

Owner means any person, firm or corporation, or any other legal entities having legal title to the land sought to be sub-divided under the regulations of this chapter.

Parking lot means any area designed for temporary accommodation of motor vehicles of the motoring public in normal operating condition whether for a fee or as a service.

Parking space means an area of not less than 120 square feet (smaller car space) or not less than 153 square feet (larger car space) with dimensions of not less than eight feet wide by 15 feet deep (small cars) or eight feet, six inches wide by 18 feet deep (large cars), the exclusive purpose of which is the parking of a vehicle.

Permitted use means a use by right that is specifically authorized in a particular zoning district.

Planned unit development and planned development mean any development authorized and characterized by division 15 of article III of this chapter.

Planning and zoning commission means the city planning and zoning commission, the public agency in the city empowered to prepare a comprehensive plan and to evaluate proposed changes in land use, either by public or private developers, for conformance with the plan.

Plat means a map, plan or layout of a county, city, town, section or subdivision indicating the location and boundaries of properties.

Principal use means the primary purpose for which land, structure or a building is used.

Private school means an educational use having a curriculum at least equal to a public school, but not operated by the board of education.

Public water system means a system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves at least 25 individuals. Such term includes but is not limited to any collection, treatment, storage, or distribution facilities under the control of the operator of such system and used primarily in connection with such system, and any collection or pretreatment storage facilities not under such control that are used primarily in connection with such system.

Recommended future right-of-way means the amount of right-of-way to be dedicated to the city for existing or proposed streets on which property subject to rezoning has frontage, prior to the issuance of a development permit for that property.

Relative residence means a second cooking facility with associated living space constructed and used within a single-family residence for the exclusive use of relatives of the real property owner/occupant.

Residential district means any district of which the primary purpose is for residential dwelling units.

Restaurant means a facility that provides food served exclusively inside an enclosed building; alcoholic beverages may be served incidental to such service, provided that such sales do not exceed 50 percent of gross revenues.

Re-subdivision means a change in the map of a recorded subdivision plat if such a change effects any street layout, area reserved or public use, or any lot line, and includes the further division of platted subdivision lots.

Retirement home means an apartment building or buildings designed for occupancy primarily for persons 65 years of age or older, which may contain, for the convenience of its residents, common eating areas, personal/infirmary care, common recreational areas and accessory retail uses.

Right-of-way means a portion of land over which a local, state or federal government has designated a right of use.

Rooming house/boarding house means a building other than a hotel where, for compensation and/or by prearrangement, meals, or lodging and meals, are provided for three or more persons, but not exceeding 20 persons.

Sanitarian means the legally entitled official of the health department.

Sawmill, portable means a sawmill moved onto one tract of land for purposes of clearing prior to actual development.

Sawmill, temporary means a sawmill set up to operate for less than 180 days in any given calendar year.

Servant dwelling means a garage apartment or other dwelling unit on the premises occupied exclusively by a domestic employee of the owner of the primary residence.

Service station means any area of land, including structures thereon, used for the retail sale of gasoline or oil, automotive accessories and incidental services, including facilities for lubricating, hand washing and cleaning, or otherwise servicing automobiles, but excluding painting, major repair or automatic washing. Minor auto repair and maintenance shall include the installation of tires, carburetors, ignition parts and other minor accessory parts as shall be incidental to the normal upkeep of an automobile, but shall not include engine or body dismantling. This use also may include accessory convenience stores.

Setback means the space between a property line and a building or specified structure excluding inventory.

Sign means any name, identification, description, display, illustration, writing, emblem, pictorial representation or device which is affixed to or represented directly or indirectly upon a building, structure or land in view of the general public, and which directs attention to a product, place, activity, person, institution or business.

Sign area means the area within a continuous perimeter enclosing the limits of writing, representation, emblem or any figure or similar character, together with any frame or other material or color forming and integral part of the display, or used to differentiate this sign from the background against which it is placed, excluding the necessary supports or uprights on which this sign is placed; provided, however that any open space contained within the outer limits of the display face of a sign, or between any component, panel strip or fixture of any kind composing the display face, shall be included in the computation of the area of the sign whether this open space is enclosed or not by a frame or border. For projecting or double-faced signs, only one display face shall be measured in computing the sign area when the sign faces are parallel, or where the interior angle formed by the faces is 60 degrees or less, provided that it is a common attached structure. If the two faces of a double-faced sign are of unequal area, the area of the sign shall be taken as the area of the larger face.

Site built construction means a dwelling unit constructed on the building site from basic materials delivered to the site; and which is constructed in accordance with the Standard Building Code of the Southern Building Code Congress International, Inc. (SBCCI), and CABO.

Site plan, preliminary means a detailed plan, drawn to scale, based on a certified boundary survey, and reflecting conditions of requested rezoning, various requirements of state law, and other requirements of city ordinances.

Spot zoning means the process of singling out a small parcel of land for use classification totally different from that of the surrounding area, for the benefit to the owner of such property and to the detriment of other owners.

Story means that portion of a building, other than a basement, included between the surface of any floor and the surface of the floor of the floor next above, or if there is no floor above, the space between the floor and the ceiling next above. Each floor or level in a multistory building used for parking, excluding a basement, shall be classified as a story.

Street means a public or private thoroughfare which affords the principal means of vehicular access to abutting property, whether designated as an "avenue," "road," "boulevard," "highway," "expressway," "alley" or any other term. Streets are classified according to the following hierarchy, in descending order of importance, based on traffic volume or type, or other factors:

(1)

Collector. Functions to conduct traffic between arterial streets or activity centers. It is a principle traffic-way with residential area and carries a relatively high traffic volume.

(2)

Sub-collector. Provides access from lanes to collectors, and conducts traffic to any activity center.

(3)

Lanes. A short street, cul-de-sac or court. The primary purpose of a lane is to conduct traffic to and from dwelling units to higher classified streets.

(4)

Alley. A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principle frontage is on some other street.

Street right-of-way line means the legal line between a street right-of-way and abutting property.

Structure means anything constructed or erected, the use of which requires a location on the ground, or attached to something having a location on the ground including, but not limited to, tennis courts, fences, pools and buildings.

Subdivider means the owner or the agent of the land to be subdivided who will authorize the maintenance of proceedings to subdivide such land in accordance with the regulations of this chapter.

Subdivision shall include all divisions or re-divisions of a tract or parcel of land into five or more parcels, or into two or more parcels if the land to be subdivided has been previously divided within the preceding five years, for the purpose, whether immediate or future, of sale or building development according to a plat thereof of record, and shall include all divisions of land involving the dedication of a new street or a change in existing streets; provided, however, that the following shall not be included within this definition:

(1)

The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resulting lots comply with the standards of this chapter.

(2)

The division of land into parcels greater than 15 acres where no public street right-of-way dedication is involved provided each such parcel fronts on a paved road that meets city road standards.

(3)

The public acquisition by purchase, acceptance of deed of dedication or exercise of the right of eminent domain of strips of land for the widening or opening of streets.

Subdivision, major means the division of a tract in single ownership, into more than five parcels, and where the resultant parcels are equal to or exceed the standards of this chapter. The developer, also known as the sub-divider, is required to pave to city specifications all streets in the subdivision including, but not limited to, those streets that lead to a public road, whether or not said public road is paved or unpaved.

Subdivision, minor means the division of a tract in single ownership into not more than four parcels, and where the resultant parcels are equal to or exceed the standards of this chapter. The developer, also known as the sub-divider, is required to pave to city specifications all streets in the subdivision including, but not limited to, those streets that lead to a public road, whether or not such public road is paved or unpaved.

Tenant dwelling means a residential dwelling unit located on a farm and occupied by a non-transient farm worker (and his family, if applicable), who is employed by the farm owner.

Travel trailer means a vehicular portable structure designed as a temporary dwelling for travel, recreational and vacation uses. This definition includes campers, motor homes, park-models, RV's, etc.

Travel trailer park means any lot on which are temporarily parked two or more travel trailers, for a period of less than 30 days per calendar year, per travel trailer.

Triplex means a structure containing three dwelling units.

Truck stop means a facility for the sale of gasoline and related products for primary use by trucks with more than four wheels and two axles. Such facilities may include, if internal to a structure, restaurants, areas for bathing and retail sales of convenience goods.

Variance means a relaxation of the terms of the zoning ordinance, not a change in a zoning district, where such variance 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 and undue hardship.

Veterinary clinic or hospital means an establishment in which veterinary services, clipping, bathing, boarding and other services are rendered to dogs, cats and other animals and domestic pets.

Yard means that area of a lot between the principal building and adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this section. The minimum required width or depth of a yard shall be determined as the horizontal distance between the lot or street lines and the minimum setback lines, as established by this chapter.

Yard, front means a yard extending across the total width of a lot between side lot lines and being that area between the street right-of-way line and that line established by the front wall of the principal structure projected to intersect the side lot lines.

Yard, rear means a yard extending across the total width of a lot between side lot lines and being that area between the street right-of-way line and that line established by the rear wall of the principal structure projected to intersect the side lot lines.

Yard, side means a yard extending the total depth of a lot between the front and rear yards and being that area between the side lot line and that line established by the side wall of the principal structure.

(Ord. of 3-20-2006; Res. of 6-7-2016, § 1; Res. of 7-18-2016; Res. of 3-6-2018; Res. of 3-16-2020, § 1; Res. of 8-15-2022, § 1; Res. of 9-16-2024)

In interpreting and applying this chapter's provisions, the requirements contained in this chapter are declared to be minimum requirements necessary to carry out the purposes of this chapter. Except as provided in this chapter, this chapter shall not be deemed to interfere with, abrogate, annul or otherwise affect in any manner whatsoever any easements, covenants or other agreements between parties. Whenever the provisions of this chapter impose greater restrictions upon the use of land or buildings or upon the height of buildings or require a larger percentage of lot to be left unoccupied than the provisions of other ordinances, rules, regulations, permits or any easements, covenants or other agreements between parties, the provisions of this chapter shall govern unless elsewhere provided in this chapter.

(Ord. of 3-20-2006)

No land, building or structure shall be used; no building or structure shall be erected; and no existing building, use or structure shall be moved, added to, enlarged or altered except in conformity with this chapter.

(Ord. of 3-20-2006)

This chapter shall apply only in the city.

(Ord. of 3-20-2006)

(a)

This chapter is the city zoning resolution of [Eatonton, GA], and all other conflicting ordinances or resolutions are hereby repealed; provided, however, that nothing in this section shall be construed as repealing or modifying the conditions of operation or conditions of site development accompanying those zoning approval or use or building permits issued under previous zoning ordinances or resolutions; however, modification or repeal of these past conditions of approval may be accomplished as provided by this chapter.

(b)

All variances and exceptions heretofore granted by the board of appeals shall remain in full force and effect, and all terms, conditions and obligations imposed by the board of appeals shall remain in effect insofar as required for the initiation of any proceedings against these violations and for the prosecution of any violations heretofore commenced.

(Ord. of 3-20-2006)

This chapter shall take effect and be in force from and after its adoption, the public welfare demanding it.

(Ord. of 3-20-2006)