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Grantville City Zoning Code

ARTICLE 3

- DEFINITIONS

Sec. 3.1.- Rules.

For the purpose of this ordinance, certain terms and words are hereby defined. Words used in the present tense shall include the future, the singular number shall include the plural and the plural the singular; the word "structure" shall include the word "building;" the word "shall" is mandatory and not discretionary.

[Sec.] 3.2. - Use of Definitions.

Any word not herein defined shall be as defined elsewhere in the Zoning Ordinance or, if not defined elsewhere in the Zoning Ordinance, as defined in Webster's New World Dictionary of the American Language - Second College Edition, the said definition to be read in context with the purposes and provision of the part of the ordinance it is being used to define.

[Sec.] 3.3. - Definitions.

Accessory Structure. A structure detached from the principal building on the same lot and customarily incidental and subordinate to the principal building.

Accessory Use. A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.

Addition. To an existing building any walled or 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 is new construction.

Administrator, Zoning. The person, officer, or official and his duly authorized representative, whom the City Council has designated as its agent for the administration of this ordinance.

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

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

Animal Hospital. Facility for the temporary boarding and treatment of domestic animals operated under the supervision of a licensed veterinarian.

Apartment. See Dwelling, Multi-Family.

Basement. The area below the first floor level in a building and having not more than one-half (1/2) of its height above grade.

Bed and Breakfast Inn. A building, not necessarily owner occupied, which offers transient lodging accommodations and breakfast for four (4) or more guest rooms for compensation, provided:

a.

Compliance with the same licensing, inspection and taxation requirements as hotels motels, and restaurant.

b.

If within a residential district, the building shall be residential in character.

c.

Breakfast is the only meal served and only to overnight guests.

d.

The owners may have employees.

e.

The owner shall provide one (1) off-street parking space for each rental room and one (1) space for each employee.

f.

In a residential district, signage shall be limited to one (1) sign and maximum size of two (2) square feet.

Berm. A mound of earth or the act of pushing earth into a mound. A berm is usually two to six feet high and is used to shield, screen, and buffer undesirable views or to separate incompatible land uses. In traffic work, berm refers to the raised area between the curb line and right-of-way line.

Buffer. A buffer is a portion of a lot set aside for open space and/or screening purposes to shield or block noise, light, glare, or visual or other nuisances; to block physical passage to dangerous areas; or to reduce air pollution, dust, dirt and litter. A buffer may contain a barrier, such as a berm, wall or fence, where such additional screening is necessary to achieve the desired level of buffering between various activities and/or land uses.

Building. Any structure having a roof supported by columns or walls designed or built for the support, enclosure, shelter, or protection of persons, animals, or property of any kind.

Building Height. The vertical distance measured from the highest grade adjacent to the highest point of roof surface of a flat roof, to the deck line of a mansard roof, or to the average height between eaves and ridges of a gable, hip or gambrel roof.

Building Line. A line parallel to the street right-of-way line at a distance from the right-of-way line equal to the depth of the required front yard for the zoning district in which the lot is located.

Cemetery, Private. Any plot of ground, building, mausoleum, or other enclosure not located on property owned by or adjacent to a religious institution but used for the burial of deceased persons.

Cemetery, Public. Any plot of ground, building, mausoleum, or other enclosure used for the burial of deceased persons of one collateral line of descent.

Cemetery, Religious Institution. A plot of ground, building, mausoleum, or other enclosure owned by or adjacent to a religious institution and used for the burial of deceased persons who are generally members of that religious institution.

Child Care Facility. A building or portion of a building where care and supervision is provided to persons away from their places of residence for less than twenty-four hours per day on a regular basis for compensation; serves nineteen (19) or more persons and is licensed by the State of Georgia; for children, the outdoor play area shall be enclosed by a fence of not less than four (4) feet in height in the rear yard only. For the purpose of this ordinance, the term "child care" shall include but not be limited to the terms "Day Care," "Nursery School," "Early Learning Center," "Pre-Kindergarten," "Private Kindergarten," "Play School" and "Pre-School."

Child Care Home, Family. A customary home occupation which provides for six (6) or less persons who are not residents of the premises; care and supervision by a State of Georgia-registered resident adult for less than twenty-four (24) hours per day on a regular basis for compensation.

Child Care, Group. A building or portion of a building which provides care and supervision of persons away from their place of residence for less than twenty-four (24) hours a day on a regular basis for compensation; serves seven (7) to eighteen (18) persons and is licensed by the State of Georgia.

Church. A building or structure, or groups of buildings or structures, which by design and construction are primarily intended for conducting organized religious services and associated accessory uses.

City Council. The City Council of the City of Grantville, Georgia.

Clinic. An establishment where patients are admitted for examination and treatment on an outpatient basis by one or more physicians, dentists, other medical personnel, psychologists, or social workers and where patients are not lodged overnight.

Club, Private. An establishment or premises owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose but not primarily for profit or to render a service which is customarily carried on as a for-profit business.

Comprehensive Plan. An all inclusive, long-range plan intended to guide the growth and development of a community or region which typically includes inventory and analytic sections leading to a recommendation for the community's future economic development, housing, recreation, transportation, community facilities and land use, all related to the community's goals and objectives for these elements.

Conditional Uses. A use not ordinarily permitted but which may be permitted with imposition of conditions related to the promotion of the public health, safety, morals, or general welfare and designed to minimize the negative impact on surrounding lands. Such conditions may include, but are not limited to, restriction on land use; height, setback and other non-use requirements; physical improvements, including infrastructure, to the property.

Development. Subdividing a tract of land into two or more lots whether for sale or rental; construction, erection or expansion of a structure; filling, grading, excavation or land disturbing activities affect more than one acre; recording a plat in the office of the Clerk of Superior Court; or location of a facility.

District. A delineated section or sections of the City of Grantville for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform.

Dwelling. A building which is designed or used exclusively for residential purposes, including single-family, multi-family residential buildings, rooming and boarding houses, manufactured homes and industrialized homes, but not including hotels and motels.

Dwelling, Apartment. See Dwelling, Multi-Family.

Dwelling, Loft. A dwelling unit, occupied by no more than six (6) persons, and located only on the floor above a ground level commercial business.

Dwelling, Single-Family Attached. A building containing two (2) or more dwelling units, each of which is deeded with separate ownership and has primary ground floor access to the outside and which are attached to each other by party walls without openings. The term can include fee-simple townhouses and condominiums.

Dwelling, Single-Family Detached. A residential building containing not more than one (1) dwelling unit entirely surrounded by open space. A single-family detached dwelling includes site-built houses, manufactured and industrialized houses. (A mobile home is not a single-family detached dwelling.) All single-family detached dwellings shall meet the Appearance Standards as provided in Section 5.1.

Dwelling, Multi-Family. A building designed as two or more separate units for or occupied exclusively by two (2) or more families.

Easement. A grant of one or more property rights to and/or for a person, government agency, or public utility company to use public or private land owned by another for a specific purpose.

Family. One (1) or more individuals permanently occupying a dwelling unit and living as a single housekeeping unit, as distinguished from persons occupying a boarding house, group home, or hotel, as defined in this ordinance.

Flood. A rise in stream flow or stage that results in temporary inundation of the areas adjacent to the channel.

Floor Area, Gross. The gross heated areas of all floors, measured from the exterior faces of the exterior walls of the building.

Game Room. Any establishment which operates solely on the proceeds from any amusement machine or device operated by means of insertion of a coin, token, or similar object for the purpose of amusement or skill and for playing where a fee is charged.

Garage, Private. An accessory building designed or used for the storage of motor-driven vehicles owned and used by the occupants of the buildings to which it is an accessory.

Grade. The average level of the finished ground surface adjacent to the exterior walls of the building.

Group Home. A residence composed of non-related individuals with one or more surrogate parents that function as a singular housekeeping unit. All group homes shall be approved and licensed by the State of Georgia Department of Human Resources.

Hardship. An unusual situation on the part of an individual property owner which will not permit the owner to enjoy the full utilization of the property which is given to others in the community. A hardship exists only when it is not self-created, or when it is not economic in nature.

Health Department. The Coweta County Health Department.

Home Occupation. An occupation customarily carried on by an occupant of a dwelling unit as a secondary use which is clearly incidental to the use of the dwelling unit for residential purposes and operated in accordance with the provisions of these regulations.

Industrialized Home. Any structure or component thereof which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to, or destruction thereof. Industrialized buildings are constructed and regulated in accordance with the "Industrialized Building Act" Georgia Law 1982 pp. 1637-1643, O.C.G.A. Title 8, Chapter 2, Article 2, Part 1.

Junk. The term "junk" as used by this ordinance means any used article of commerce which is composed principally of iron, steel, brass, copper, or zinc, or their alloys, or any other base metal, and which is commonly bought for the purpose of resale and refabrication, either or both (See O.C.G.A. § 43-22-1); provided further, the term "junk" as used by this ordinance means worn out and discarded material that may be returned to some use, especially old rope, chain, iron, copper, parts or machinery, electrical and electronics equipment, and bottles gathered or brought up by trade persons called junk dealers; hence, rubbish of any kind; odds and ends; provided further, the term "junk" as used by this ordinance does not include scrap or steel recovered from automobiles, etc., being cut to size with or without being baled to meet specifications of steel mills and foundries for remelting.

Junk Business. For the purposes of this ordinance, the term "junk business" is the pursuit, for profit, of purchasing old iron, brass, bottles etc., and selling them again in the condition in which they were purchased by said dealer.

Junk Dealer. A "junk dealer" is any person, firm or corporation having a fixed place of business, or officer, agent and employee of any person, firm or corporation who engages in the purchase of used articles of commerce principally composed of iron, steel, brass, copper, or zinc, or their alloys, or any other base metals, and which is commonly bought for the purpose of resale and refabrication, either or both (See O.C.G.A. § 43-22-1).

Junkyard. An uncovered lot or part thereof, whether enclosed or not, used for the collection, storage, keeping, sale, abandonment, or resale of junk including scrap metal, rags, paper and other scrap materials and equipment, or for the dismantling, demolition or abandonment of three (3) or more disabled automobiles, not bearing current auto tags/decals, or other machinery, appliances or parts thereof.

Kennel. Any location where breeding, raising, boarding, caring for, and the keeping of more than five (5) dogs or cats or other small animals or a combination thereof (except litters of animals not more than six (6) months of age) is carried on for commercial purposes.

Land Disturbing Activity. Any grading, scraping, excavating, or filling of land; clearing of vegetation; and any construction, rebuilding, or alteration of a structure. Land disturbing activity shall not include activities such as ordinary maintenance and landscaping operations, individual home gardens, yard and grounds upkeep, repairs, additions, or minor modifications to a single-family dwelling, and the cutting of firewood for personal use.

Livestock. The "livestock" as used herein shall mean and include cattle, horses, goats, sheep, swine, rabbits, poultry, ducks, geese, and other fowl customarily bred or raised in captivity, owned and kept for pleasure.

Lot. A designated parcel, tract or area of land established by plat, subdivision or as otherwise permitted by law, to be separately owned, used, developed or built upon. The word "lot" includes the words "plot" and/or "parcel."

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

Lot, Through. A lot other than a corner lot abutting two streets.

Lot of Record. A lot which exists prior to the first published notice or subsequent amendment of this ordinance, as shown or described on a plat or deed in the records of the local registry of deeds.

Lot Width. The width of the lot at the front setback line.

Manufactured Home. A structure defined by and constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended, 42 USC 5401 et seq. Manufactured Home means a structure, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical system contained therein; except that such term shall include any structure which meets all the requirements and the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development complying with the standards established under this title. A manufactured home is a single-family detached dwelling and its placement in a residential district must meet or exceed the Appearance Standards as provided in Article 5.1 of this ordinance.

Mobile Home. A structure, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is three hundred and twenty (320) or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein, and [was] manufactured prior to June 15, 1976.

Motel. A permanent building or group of permanent buildings in which overnight sleeping accommodations are provided for travelers and having a parking space near or adjacent to the entrance of the room. Such use has eighty (80) percent of the rooms occupied by a different registered guest every five (5) days, provides patrons with daily maid service, twenty-four (24) hour desk/counter clerk service, and a telephone service to receive incoming and outgoing messages, and shall comply with the applicable requirements of the County Health Department and O.C.G.A. § 31-28-1 et seq., and may provide additional services such as restaurants, retail gift shops, meeting rooms, swimming pools and exercise facilities.

Nonconforming Use. The use of any building or land which was lawful at the time of passage of this ordinance, or amendment thereto, but which use does not conform, after the passage of this ordinance or amendment thereto, with the regulations of the district in which it is situated.

Parking Lot. An open area used exclusively for the temporary parking of vehicles and bicycles and which no gasoline or vehicular accessories are sold or no other business is conducted.

Parking Space. A space, enclosed or unenclosed, having an area of not less than 108 square feet (9' × 12') exclusive of access, permanently reserved for the temporary storage of one vehicle and having access to the street.

Permit. Any written authorization for building, construction, alteration, development, occupancy, or other matter required by this ordinance to be approved a designated commission, board, official or employee. The person to whom such permit is issued shall be known as the "permittee."

Permitted Use. Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

Personal care home. Any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service, and or one or more personal services, such as bathing, toileting, grooming, shaving, dental care, dressing and/or eating, for two or more adults share not related to the owner or administrator by blood or marriage and is either licensed or otherwise approved by the Georgia Department of Human Resources pursuant to the provisions of O.C.G.A Section 31-7-12.

Planning Commission. The City of Grantville Planning Commission.

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

Principal Building. A building where the main or principal use of the lot is conducted.

Scale of Development. The relationship of a particular project or development, in terms of size, height, bulk, intensity and aesthetics.

Setback. The mean horizontal distance between the front street right-of-way line and the front line of the building or the allowable building lines as defined by the front yard regulations of this ordinance.

Setback Line. The line which is the required minimum distance from any lot line and that established the area within which the principal structure must be erected or placed.

Sign. A name, identification, description, display, or illustration which is affixed to, painted or represented, directly or indirectly, upon a building, structure, parcel or lot and which directs attention to an object, product, place, activity, person, institution, organization, or business located on the premises. The term "sign" shall not be deemed to include official court, governmental notices, traffic warning or control devices or street signs, flag, emblem or insignia of a nation, school or religion.

Figure 1. Sign Types

Figure 1. Sign Types

Street. A public right-of-way, whether designated as an avenue, boulevard, road, highway, expressway, lane or other way, that is dedicated or devoted to the public pedestrian or vehicular use by deed, plat, and/or prescription, which affords the principal means of access to abutting property.

1.

Major Arterial - A street with access control channelized intersections, restricted parking, and that collects and distributes traffic to and from collector streets.

2.

Minor Arterial - A street with signals at important intersections and stop signs on the side streets and collects and distributes traffic to and from collector streets.

3.

Collector Streets - A street that collects traffic from local streets and connects with minor and major arterials.

4.

Local Streets - A street designed to provide vehicular access to abutting property and to discharge through traffic.

Figure 2. Street Types

Figure 2. Street Types

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Temporary Structure. A structure without any foundation or footings and which is removed when the designated time period, activity or use for which the temporary structure was erected has ceased.

Travel Center. Any single commercial development which includes restaurants, hotels, motels and other commercial uses which cater primarily to commercial vehicles.

Truck Stop. Any building, premises or land in which or upon which a business, service or industry involving the maintenance, servicing, storage, or repair of commercial vehicles is conducted or rendered, including dispensing of motor fuel or other petroleum products directly into motor vehicles and the sale of accessories or equipment for trucks and similar commercial vehicles. A truck stop also may include overnight accommodations and restaurant facilities primarily for the use of truck crews.

Variance. Permission to depart from the literal requirements of a zoning ordinance.

Variance Use. A variance granted for a use or structure that is not permitted in the zone.

Yard. An open space that lies between the principal building or buildings and the nearest lot line. The minimum required yard as set forth in the ordinance is unoccupied and unobstructed from the ground upward except as may be specifically provided in the zoning ordinance.

Yard, Front. A space extending the full width of the lot between any building and the front lot line and measured perpendicular to the building at the closest point to the front lot line.

Yard, Rear. A space extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line.

Zoning. The delineation of districts and the establishment of regulations governing the use, placement, spacing and size of land and buildings.

Zoning Map. The map which is part of the zoning ordinance and delineates the boundaries of zone districts.

(Ord. No. 02-2012, § 1, 4-9-2012)