(a)

Authority. The city council in accordance with the authority now granted them by article 9, section 2, paragraph 4 of the state's constitution of 1983, and in accordance with O.C.G.A. § 36-66-2 et seq., as amended, hereby ordains, and enacts into law the articles and sections of this chapter.

(b)

Purpose. The zoning regulations and districts as herein set forth have been prepared in accordance with land use plans for the city to promote the public health, safety, morals and general welfare of the city, to facilitate orderly and harmonious development, and to regulate the density of population and intensity of land use in order to provide for adequate light and air. In addition, this chapter has been prepared to provide for vehicle off-street parking to prevent the overcrowding of land, blight, danger and congestion in the circulation of people and the loss of life, health or property from flood or other dangers. The zoning regulations and districts as herein set forth are also employed to protect transportation facilities, public facilities, residential areas, recreation and open space and the natural resources of the city.

(Res. No. 24-10, att., 9-19-2023)

In interpreting and applying the provisions of this chapter, they shall be held to the minimum requirements for the promotion of the public safety, health and welfare. Where this chapter imposes a greater restriction upon the building, structures or premises, upon heights of buildings or structures or requires larger open spaces than are imposed or required by any other ordinance, rates, codes, permits or regulations, or by easements, covenants, deed restrictions or agreements, the provisions of this chapter shall govern.

(Res. No. 24-10, att., 9-19-2023)

It is not intended by this chapter to repeal, abrogate, annul or interfere with any existing ordinance or enactment, or with any rule, regulations or permit adopted or issued thereunder, except insofar as the same may be inconsistent or in conflict with any of the provisions of this chapter, provided that where this chapter imposes greater restrictions upon the use of buildings or land, or upon the height and bulk of buildings, or prescribes larger open spaces than are required by the provisions of such ordinance, enactment, rule, regulation or permit, then the provisions of this chapter shall control.

(Res. No. 24-10, att., 9-19-2023)

Should any section or provision of this chapter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this chapter as a whole, or of any other part thereof.

(Res. No. 24-10, att., 9-19-2023)

(a)

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

Accessory use or building means a use or building, located on the same lot as the principal building, which is clearly incidental and secondary to permitted use or building and which does not change the character of such use or building, including, but not limited to, private garages, living quarters for servants, bath houses, greenhouses, tool sheds, storage buildings, animal shelters.

Alley means a public thoroughfare which affords only a secondary means of access to abutting property, and not intended for general traffic circulations.

Alterations means any change, addition or modification in construction or type of occupancy, any change in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as "altered" or "reconstructed."

Animated sign. A sign that utilizes moving structural elements, flashing or sequential lights, lighting elements, or other automated methods to create movement, the appearance of movement, or other special effects. Signs meeting the definition of and regulations governing changeable copy [signs] and traffic control devices and warning signs meeting the standards of the Manual of Uniform Traffic Control Devices are not considered animated signs.

Billboard means any notice of advertisement, pictorial or otherwise, with an area of 300 or more square feet, as well as all those used as an outdoor display for the purpose of making anything known, the origin or place of sale of which is not on the lot with such display, except that governmental notices shall be considered to be billboards.

Board means the zoning board of appeals. The city's planning commission shall serve as the zoning board and zoning board of appeals.

Boarding house means a building where for compensation lodging and/or meals are provided for not more than three persons.

Buffer strip means a piece of land, varying in length and width, lying between two incompatible uses of land and containing open space, plantings, trees, a wall, fence or other suitable enclosures which provide property screening.

Building means any structure, either temporary or permanent, having a roof, and used or built for the shelter or enclosure of persons, animals, chattels or property of any kind. This shall include tents, awnings or vehicles situated on private property and used for purposes of a building.

Building height means the vertical distance measured from the established grade to the highest point of the roof surface for flat roofs, to the deck line of mansard roofs and to the average height between eaves and ridge for gable, hip and gambrel roofs. Where a building is located on sloping terrain, the height may be measured from the average ground level of the grade at the building wall.

Building inspector means the building inspector of the city as designated by the city manager.

Building line means a line formed by the face of the building, and for the purposes of this chapter, a minimum building line is the same as a front setback line.

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

Building setback line means a line establishing the minimum allowable distance between the main or front wall of the building and the street right-of-way line when measured perpendicularly thereto. Covered porches, whether enclosed or not, shall be considered as a part of the building and shall not project into the required yard.

Business sign means an attached or freestanding structure on which is announced the business use of the premises and/or the name of the operator of the business.

Centerline means a line of a street surveyed and monumented by the city council or a line midway between the outside curbs or ditches of the street.

Club means a building or facility owned or operated by a nonprofit corporation, association or persons for civic, educational or religious purposes, but specifically excluding any rendering of continuing service customarily carried on as a business.

Day care center means any place operated by a person, society, agency, corporation, institution, or group wherein are received for pay for group care, for fewer than 24 hours per day, without transfer of legal custody, 19 or more children under 18 years of age, and which is required to be licensed or commissioned by the State of Georgia department regulating the use of day care centers.

Day care home, family means a private residence operated by any person who receives therein for pay for supervision and care, fewer than 24 hours per day, without transfer of legal custody, a maximum of six children to include any children considered normal residents of said dwelling, under 18 years of age.

Day care home, group means any place operated by any person(s), partnership, association or corporation wherein are received for pay for group care not less than seven nor more than 18 children under 18 years of age for less than 24 hours per day without transfer of legal custody and which is required to be licensed or commissioned by the State of Georgia department regulating the use of group day care homes.

Dwelling, multiple-family, means a building or portion thereof, designed for occupancy by three or more families living independently of each other.

Dwelling, one-family, means a building designed exclusively for occupancy by one family.

Dwelling, two-family, means a building designed exclusively for occupancy by two families independent of each other, such as a duplex dwelling unit.

Dwelling unit means a building, or a portion thereof, designed for occupancy by one family for residential purposes and having cooking facilities.

Family means one or two persons or parents, with their direct lineal descendants and adopted children (and including the domestic employees thereof) together with not more than two persons not so related, living together in the whole or part of a dwelling comprising a single housekeeping unit. Every additional group of two or less persons living in such housekeeping unit shall be considered a separate family for the purpose of this chapter.

Flood hazard area means an area designated by the Federal Emergency Management Agency or any succeeding agency where in a flood hazard may exist. Persons contemplating development in such areas shall consult current flood hazard insurance directives for further information.

Floor area means total gross area on all floors as measured to the outside surfaces of exterior walls, excluding crawl spaces, garages, carports, breezeways, attics without floors and opened porches, balconies and terraces.

Floor space means floor area of all floors, as measured from the inside surfaces of the walls enclosing the part of a building occupied by a single occupant or shared by a distinct group of occupants, excluding therefrom common halls, stairwells, sanitary facilities and storage and other areas to which patrons do not have regular access.

Front lot line means a line dividing a lot from any public highway, except a limited or controlled access highway to which the lot has no access.

Garage means a fully enclosed building for the storage of motor vehicles, not including buildings in which fuel is sold or repair or other services performed.

Gas station means a place where motor vehicle fuels are sold at retail.

Height means the vertical distance from the highest point on a structure, excepting any chimney or antenna on a building, to the average ground level of the grade where the walls or other structural elements intersect the ground.

Home occupation means a use conducted entirely within an enclosed dwelling, employing only the inhabitants thereof, which is clearly incidental and secondary to residential occupancy and does not change the character thereof. Specifically excluded is the storage and display of merchandise not produced by such home occupations, any activity involving any building alterations, window display, construction features, equipment, machinery or outdoor storage, any of which is visible from off the lot on which located. Such activity shall be confined to no more than 25 percent of the floor area of the residence, and shall not cause the generation of other than normal noise, pedestrian and vehicular traffic. One professional sign not over 200 square inches in area may be displayed.

Hotel means a structure designed, used or offered for residential occupancy for any period less than one month, including tourist homes and motels but not including hospitals or nursing homes.

Industrialized building (modular building) means any structure or component thereof, excepting a manufactured home, which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation or assembly on a building site and which has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to, or destruction thereof, and which bears the insignia of approval of the state department of community affairs in accordance with the Georgia Industrialized Buildings Act of 1982, as amended. Industrialized or modular buildings or other such closed-construction structures which have not been approved by the state department of community affairs are deemed to be of inadequate construction by definition, and shall not be issued building or occupancy permits for authorized uses within the city. Industrialized buildings qualifying as a single-family dwelling shall be allowed in all residential districts, and shall be regulated uniformly with other housing constructed on site, subject to the same housing standards, requirements, and limitations set forth in this chapter.

Laundromat means a place where patrons wash, dry or dry clean clothing and other fabrics in machines operated by the patron.

LED sign means any sign or portion thereof that utilize light emitting diode technology or other similar semi-conductor technology to produce an illuminated image, picture, or message of any kind whether the image, picture, or message is moving or stationary. This type of sign includes any sign that uses LED technology of any kind whether conventional (using discrete LEDs), surface mounted (OLED), light emitting polymer (LEP), organic electro polymer (OEP), or any other similar technology.

Loading space means an off-street space on the same lot with a building or group of buildings, for temporary parking of a commercial vehicle while loading and unloading merchandise or materials.

Lot means the contiguous land in the same ownership which is not divided by any public highway or alley, including any part thereof subject to any easement for any purpose other than a public highway or alley, but excluding any part thereof severed from another lot where the severance creates any nonconformity of use or structure.

Lot area means the area of land within the boundary of a lot, excluding any part under water, and, in addition, the area of land bounded by any front lot line.

Lot depth means the mean horizontal distance between front and rear lot line.

Lot lines means the lines bounding a lot as follows:

(1)

Front lot line means, in the case of an interior lot, that line separating said lot from the street. In the case of a corner lot, or double frontage lot, the term "front lot line" shall mean that line separating said lot from either street.

(2)

Rear lot line means that lot line opposite the front lot line. In case of a lot pointed at the rear, the rear lot line shall be an imaginary line not less than ten feet in length and parallel to the front lot line, that when measured from a point farthest from the front lot line shall lie wholly within the lot.

(3)

Side lot line means any lot line other than the front lot line or rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.

Lot of record means a lot which is part of a subdivision, a plat of which has been recorded in the land records at the county courthouse.

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

Major street means a street designed as a major thoroughfare on the major thoroughfare plan of the city.

Manufactured home (mobile home, trailer) means any structure originally constructed to be transportable in one or more sections and built upon a frame or chassis which was designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to required utilities. Any such structure must adhere to the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended, and must bear the insignia of approval of the U.S. Department of Housing and Urban Development (HUD) and shall not include unapproved modifications or additions which do not meet locally adopted construction or construction-related codes. A manufactured home shall be construed to remain a manufactured home, subject to all regulations applying thereto, whether or not wheels, axles, hitch or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. This definition shall not include travel trailers or recreational vehicles when such vehicles are not used for permanent or semi-permanent living or sleeping quarters. Manufactured homes are not designed and shall not be used for purposes other than single-family dwellings within the city.

Manufactured home, mobile home or trailer park means any lot, tract or parcel of land used, maintained or intended to be used, leased or rented for occupancy by two or more manufactured or mobile homes together with accessory structures provided in connection therewith. This definition shall not include manufactured or mobile home sales lots on which unoccupied manufactured or mobile homes are parked for the purpose of inspection and sale.

Modular home means a factory-fabricated single-family dwelling that is constructed in one or more sections and complies with the definition of industrialized building.

Non-conforming building means a building or portion thereof, existing at the effective date of the ordinance from which this chapter is derived, or amendments hereto, and that does not conform to the height, area or yard regulations for the district in which it is located.

Non-conforming use means a use which lawfully occupied a building or land at the effective date of the ordinance from which this chapter is derived, or amendments thereto, and that does not conform to the use regulations of the district in which it is located.

Nursing home means a structure designed or used for residential occupancy and providing limited medical or nursing care on the premises for occupants, but not including a hospital or mental health center.

Off-street parking lot means a facility, other than for single-family dwellings, providing vehicular parking spaces along with adequate drives and aisles for maneuvering, to provide access for entrance and exit for the parking of more than three vehicles.

Parking space means an area of definite length and width; said area shall be exclusive of drives, aisles or entrances giving access thereto, and shall be fully accessible for the storage or parking of permitted vehicles.

Personal care home means a facility intended to provide living quarters and limited services for individuals who require social, medical, and/or mental health services in a community-based residential setting. Homes must be operated under a program authorized or directed by the State of Georgia department regulating personal care homes.

Personal care home, family means a group home serving six or fewer residents (including any live-in or overnight staff), and located in a building that closely resembles a single-family dwelling.

Personal care home, group means a group home serving fewer than 15 residents (including any live-in or overnight staff), and located in a building that may resemble a multifamily dwelling structure.

Planning commission means the planning commission of the city.

Public utility means any person, firm or corporation, municipal department, board or commission duly authorized to furnish and furnishing under federal, state or municipal regulations to the public; gas, steam, electricity, sewage disposal, communication, telegraph, transportation of water.

Restaurant means a lot on which food or beverages are cooked or prepared and offered for sale and where consumption is permitted on the premises whether or not entertainment is offered, and includes establishments commonly known as bars, grilles, cafes, taverns, nightclubs, drive-ins and any fast food establishment permitting consumption on the premises.

Sanatorium means an institution for rest and recuperation (as of convalescents); an establishment for the treatment of the chronically ill.

Setback means the distance required to obtain the front, side or rear yard open space provisions of this chapter.

Sign means any outdoor sign, light, display, device, figure, painting, drawing, message, placard, poster, billboard or other thing which is designed, intended or used to advertise or inform, any part of the advertising or information contents.

Sign walker(s) means individual(s) carrying promotional signs along sidewalks in front of the business they are promoting.

Single-family dwelling means a structure, except a mobile home, designed or used for residential occupancy by one family.

Special exception (applied to a function of the planning commission) means allowing the granting of an exception to a provision of the chapter rather than a variance. The term "exception" is usually preceded by the modifying term, "special." This implies that within the framework of the chapter an unusual circumstance is anticipated and special provisions are set forth in the text which state that, when certain things happen, an exception can occur. Illustrative of this is the fact that a residential zone would probably be the best place for the location of a private school. The chapter text can anticipate this and establish the fact that a private school can be permitted as a special exception by the planning commission. The planning commission of appeals then has the responsibility of investigating the matter and making certain that the requirements set forth in the chapter are met. The term "exception" or "special exception" shall apply to a change in the "use" of property pursuant to provisions of division 2, article II of this chapter.

Spot zoning means the awarding of a use classification to an isolated parcel of land which would be detrimental or incompatible with the existing zoning use of the surrounding area.

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

Street means a dedicated and accepted public right-of-way for vehicular traffic which affords the principal means of access to abutting properties.

Structure means anything constructed or erected, the use of which requires more or less permanent location on the ground or which is attached to something having more or less permanent location on the ground.

Town house means a single-family dwelling constructed adjacent and connected to other single-family dwellings separated by a common firewall.

Use means the purpose for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied.

Variance means a modification of the literal provisions of the chapter granted when strict enforcement of the chapter would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted, a departure from the provisions of a zoning ordinance relating to setbacks, side yards, frontage requirements, and lot size, but not involving the actual use of structures.

Comment: The hardship variance is granted because strict enforcement of the chapter as it applies to a specific lot would work an undue hardship and present practical difficulties. It is usually granted to decrease the dimension requirements, and the applicant generally must demonstrate the hardship is peculiar to his property and not to other properties in the zone. The city council must find that the variance can be granted without any adverse impact on the public good (the negative criteria).

Yard means the open spaces on the same lot with a main building, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter and as follows:

(1)

Front yard means an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest line of the main building.

(2)

Rear yard means an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest line of the main building.

(3)

Side yard means an open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot to the nearest point of the main building.

(b)

Rules of construction.

(1)

Terms used in the present tense include the future tense.

(2)

Terms used in the singular number include the plural, and terms used in the plural number include the singular.

(3)

The term "person" includes a firm, association, organization, partnership, corporation, political governing body, trust and company as well as an individual.

(4)

The term "lot" includes the terms "plot" and "parcel."

(5)

The term "building" includes the term "structure."

(6)

The term "shall" is mandatory, not directory.

(7)

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

(8)

The term "planning commission" shall refer to the planning commission of the city.

(9)

The terms "city council" or "council" shall refer to the city council of Glennville.

(10)

The terms "map," "zoning map" or "Glennville zoning map" shall mean the official zoning map of the city.

(11)

The term "constructed" shall mean to form by putting together parts.

(Res. No. 24-10, att., 9-19-2023; Res. No. 25-21, 1-7-2025)

Cross reference— Definitions generally, § 1-2.