This chapter shall be known and may be cited as the "Zoning Ordinance for the City of Greensboro, Georgia."

(Zoning Ord. 2007, art. II)

Except as otherwise provided herein, all words shall have their customary dictionary meaning. The present tense includes the future tense. The singular number includes the plural and the plural includes the singular. The term "person" includes a firm, corporation, association, organization, trust or partnership. The term "lot" includes "plot" or "parcel." The term "building" includes "structure." The term "shall" is always mandatory. The term "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." The term "erected" shall be deemed also to include "constructed," "reconstructed," "altered," "placed," or "moved." The term "land use" and "use of land" shall be deemed also to include "building use" and "use of building." The term "adjacent" means "nearby" and not necessarily "contiguous." The term "map" means the "Official Zoning Map of the City of Greensboro, Georgia," dated May, 2005 and as may be amended.

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 building means a subordinate building, the use of which is incidental to, and reasonably related to, a main building on the same lot or to the primary use of the property. The accessory building shall be of a size and nature customarily incidental and subordinate to the principal. Accessory buildings shall include solid roofs such as open air structures such as gazebos and pavilions. Signs and fences are not to be considered as accessory buildings. The term "detached accessory building" shall be one that does not have a common wall or roof connection with the main building on the same lot.

Accessory structure means a structure subordinate to the principal building on a lot which is open in nature, such as a deck, fence, landscape wall, trellis (open roof), swimming pool, or other similar structures. Pools and spas are also considered to be accessory structures for zoning purposes.

Accessory use means a use on the same lot with, and of a nature customarily incidental and subordinate to the principal use.

Adult day care means the provision of a community based non-medical comprehensive plan of services that meets the needs of aging adults; or for the protection of an individual, for less than 24 hours per day. Individuals or organizations providing adult day care services without compensation, or provide services to only one or two participants for compensation, are not licensed by the Georgia Department of Health. Adult day care provided as an accessory use by properly zoned religious institutions, nonprofit institutions, or community centers will be considered by the planning and zoning board and city council as a conditional use regardless of the zoning district.

Adult day center means a facility, licensed by the Georgia Department of Community Health, that, for compensation, provides adult day care under a social model serving three or more aging adults 60 years of age or older or mature adults below the age of 60 whose needs and interests are substantially similar to persons 60 years of age or older who have physical or mental limitations that restrict their abilities to perform the normal activities of daily living and impede independent living. The social model of care addresses primarily the basic social and recreational activities needed to be provided to aging adults, but also provides, as required, limited personal care assistance, supervision, or assistance essential for sustaining the activities of daily living, psychosocial, and related services to persons demonstrating moderate impairments in functioning and cognition, based on individual plans of care and shall be provided for less than 24 hours per day.

Adult day health center means a facility, licensed by the Georgia Department of Community Health, that, for compensation, provides the services described under adult day center services, and also provides a comprehensive plan of services that meets the needs of three or more aging adults under a medical model. The medical model is a comprehensive program that provides social, rehabilitative, and minor health services to physically and/or mentally functionally impaired elderly adults, for the purpose of restoring or maintaining optimal capacity for self-care. These programs provide services through individual plans of care and target elderly persons who could be at risk of institutional placement if intervention is not provided. Participants in this model of care will have moderate to substantial degrees of impairments in function and cognition. Such programs of care shall be provided for less than 24 hours per day.

Agriculture or agricultural means a parcel used primarily for soil-dependent cultivation of agricultural crop production, the raising of livestock or poultry, growth of a field, or forestry.

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

Alteration means any change in the supporting member of a building, any modification or change in construction, any addition which increases the area or height, any change in use of or moving of a building from one location to another, or any increase in the amount or volume of space used for any activity.

Animal shelter means a public or private facility for the housing of stray or unwanted domestic animals.

Animal units means the number of all such animals or fowl allowed on a non-commercial lot shall be limited to the square footage of the animal or fowl confinement area, less the lot square footage devoted to yard setbacks and the house, divided by the total minimum area required per animal or fowl. Total minimum area required per animal or fowl shall be as follows:

(1)

Horses: 43,560 square feet (one acre).

(2)

Cow: 43,560 square feet.

(3)

Sheep or goat: 20,000 square feet.

(4)

Fowl: 20 per 43,560 square feet.

(Area requirements are based on minimum acreage averages for grazing such animals in the State of Georgia.) Total minimum area required per animal or fowl shall be a yearly average. Fluctuations in herd or flock size associated with general farming practices shall be permissible under this provision.

Apartment means a suite of two or more rooms and a bath which is designed according to the International Building Code and designed or intended for occupancy by one family doing its cooking therein. For zoning purposes, an apartment is regarded as a dwelling unit. A structure containing two apartments is a duplex. A structure containing three or more apartments is a multifamily dwelling.

Applicant means any person who applies for a rezoning action, variance, conditional use permit, sign permit, or building permit, and any attorney or other person representing or acting on behalf of a person who applies for a rezoning action.

Architectural approval board means the City of Greensboro board established pursuant to section 121-291 for the purpose of reviewing zoning and building proposals within the CO and OR districts.

Area of disturbance means that area of land that has undergone physical alteration to the natural topography and/or vegetation as a consequence of earth-moving or land disturbance activity.

Assisted living care means the specialized care and services provided by an assisted living community which includes the provision of personal services, the administration of medications by a certified medication aide and the provision of assisted self preservation.

Assisted living community means a personal care home serving 25 residents or more that is licensed by the Georgia Department of Community Health to provide assisted living care. Assisted living care includes personal services, which includes, but is not limited to, individual assistance with or supervision of self-administered medication and essential activities of daily living such as eating, bathing, grooming, dressing, and toileting; the administration of medications by a medication aide in accordance with the statutory requirements; and the provision of assisted self-preservation (residents who are non-ambulatory but capable of self-preservation.)

Assisted living home. See Personal care home.

Automobile sales lot means a premises designed or used for storage and display for sale of automobiles, motorcycles, recreational vehicles, or other motorized vehicles. Motorized vehicles for sale will typically be stored outside. All other activities must be in an enclosed building.

Automobile service station means any area of land, including structures thereon, used for the retail sale of gasoline or oil, automobile accessories and incidental services including facilities for lubricating, hand or automatic washing and cleaning, or otherwise servicing automobiles, but excluding painting or major repairs.

Bed and breakfast means a dwelling unit, other than a hotel, motel or boardinghouse, or portion thereof, where short-term lodging rooms and meals are provided to registered guests for compensation. The operator of the bed and breakfast must live on the premises.

Block means a contiguous piece or parcel of land entirely surrounded by public highways or streets, but excluding alleys.

Boardinghouse means a building other than a hotel where lodging and meals are provided for compensation or by pre-arrangement for at least three and not more than 20 persons at any one time. A building other than a hotel is not considered a boardinghouse by reason of a contribution to or an expense sharing arrangement with the owner or tenant occupying the dwelling by a person related by blood or marriage.

Buffer area means a landscaped or naturalized area used to separate and partially obstruct the view of a development from adjacent or contiguous development. This area shall be in addition to any required area, yard, and height requirements for the zoning district as specified in article VI of this chapter.

Building means any structure, either permanent or temporary, above or below ground, designed, built or used as a shelter or enclosure for persons, animals, or property of any kind.

Building, height of, means the vertical distance to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the average height between the eaves and the ridge for gable, hip, and gambrel roofs, measured from the average grade of the house plan, front to back and end to end.

Building inspector means the City of Greensboro Building Inspector.

Building line means a line, parallel to the street line, beyond which the foundation wall and any roofed porch, vestibule or other such portion of a building shall not project.

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

Business entity means any corporation, partnership, limited partnership, firm, enterprise, franchise, association, or trust.

Campground means an area or tract of land on which accommodations for temporary occupancy are located or may be placed, including cabins, tents, and major recreational equipment, and which is primarily used for recreational purposes and retains an open air or natural character.

Caretaker dwelling or employee residence means an accessory single-family dwelling placed on an occupied tract for use by a farm worker or other tract owned by the same owner of the agricultural activity and that is a part of the same farming operation.

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

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

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

Child care learning center means a place that is operated by a person, corporation, or institution to provide child care for children less than 18 years of age for less than 24 hours per day. Child care learning centers are licensed by the State of Georgia for 19 or more children. (Also see Day care center.)

Church. See Religious institution.

City council means the City of Greensboro Council.

City official means the mayor or any member of the City of Greensboro City Council or the City of Greensboro Planning and Zoning Board.

Clinic means a building where human patients, who are not lodged overnight, are admitted for examination and treatment.

Club means buildings and facilities owned or operated by a corporation, association, or persons for social, educational or recreational purposes, or to render a service that is generally carried on as a business.

Commercial use means an occupation, employment, or enterprise relating to commerce by the buying, selling, manufacture of goods and/or provision of services whether operated for profit or non-profit by the owner, lessee, or licensee.

Community center means a place, structure, area, or other facility used for and providing religious, fraternal, social, and/or recreational programs generally open to the public and designed to accommodate and serve significant segments of the community.

Community living arrangements (CLA) means any residence, licensed by the State of Georgia, whether operated for profit or not, that undertakes through its ownership or management to provide or arrange for the provision of daily residential personal services, supports, care, or treatment exclusively for two or more adults who are not related to the owner or administrator by blood or marriage and whose residential services are financially supported, in whole or in part, by funds designated through the Department of Human Resources, Division of Mental Health, Development Disabilities, and Addictive Diseases.

Comprehensive plan means the "Comprehensive Plan for the City of Greensboro and the Cities of Greensboro, Siloam, Union Point, White Plains, and Woodville, adopted July, 2004," and as may be amended.

Conditional use means a use which is not permitted inherently but which may be permitted within a zoning district subject to approval by the city council and upon recommendation by the planning and zoning board.

Conditional use permit means the permit issued by the City of Greensboro following approval of the conditional use by the city council.

Condominium means an estate in real property consisting of an undivided interest with other purchasers in the common grounds together with a separate interest in a dwelling unit located on the common grounds.

Congregate personal care home. See Personal care home.

Conservation areas means environmentally sensitive and valuable lands protected from any activity that would significantly alter their ecological integrity, balance, or character, except in cases of overriding public interest. Conservation areas include groundwater recharge areas, watersheds, wetlands, and river corridors.

Convenience store means a one-story, retail store containing less than 2,000 square feet of gross floor area that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a supermarket). It is designed to attract and depends upon a large volume of stop-and-go traffic. Illustrative examples of convenience stores are those operated by "7-11" and "Golden Pantry."

County means Greene County, Georgia.

Day care center. See Child care learning center.

Day care home means a private dwelling, registered with the State of Georgia as a family day care home, operated by any person who receives pay for supervision and care, fewer than 24 hours per day, without transfer of legal custody, of at least three but not more than six children under 18 years of age who are not related to such person and whose parents or guardians are not residents in the same private dwelling. (Also see Family day care home.)

Density means the number of dwelling units permitted per net acre of land. (Net acre equals gross acre less streets, easements, water, open space, etc.)

District means a section of the City of Greensboro, Georgia where the zoning ordinance is uniform.

Dry cleaners means a business that provides laundry cleaning, excluding self service, and contains on the premises, equipment necessary for laundry processing.

Dwelling, multifamily, means a building containing at least three dwelling units designed for residential use by three or more families living independently of each other. This definition includes apartments but not group homes, row houses, condominiums, or townhouses.

Dwelling, single-family, means a structure including site built, modular, manufactured homes, and mobile homes that contain one dwelling unit designed for residential use that is surrounded by open space on the same lot. The term "dwelling, single-family" does not include the term "dwelling, single-family, detached."

Dwelling, single-family, detached, means a structure including a site built or modular home that contains one dwelling unit designed for residential use that is surrounded by open space on the same lot, which meets or exceeds the following standards:

(1)

Minimum width in excess of 16 feet.

(2)

Minimum square footage required by the zone in which located.

(3)

The roof shall have a minimum roof pitch greater than 4:12 and shall have a surface of wood shakes, asphalt composition, wood shingles, concrete, fiberglass or metal tiles, slate, or built up gravel materials. The roof overhang must be at least one foot when measured from the vertical side.

(4)

The exterior siding materials shall consist of wood, masonry, concrete, stucco, masonite, metal or vinyl lap.

(5)

Be attached to a permanent foundation.

(6)

Be constructed according to standards established either by the state minimum standard codes as amended from time to time.

Dwelling, two-family (duplex), means a structure containing two dwelling units designed and arranged for residential use by two families living independently of each other.

Dwelling unit means an enclosure containing sleeping, kitchen, and bathroom facilities designed for and used or held ready for use as a permanent residence by one family.

Easement means a grant of one or more property rights by the owner to, or for the use by, the public, a corporation, or another person or entity.

Explored lands means the surface, subsurface and water of an area in which mineral exploration is being or has been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, waste, and areas on which structures, facilities, equipment, machines, or other materials used in exploring operations are located.

Family means one or more individuals permanently occupying a dwelling unit and living as a single housekeeping unit, as distinguished from persons occupying a boardinghouse, group home, or hotel.

Family day care home means a place that is registered with the State of Georgia Department of Early Care and Learning and is operated in a private residential home to provide child care for children less than 18 years of age for less than 24 hours per day. Family day care home providers care for at least three, but no more than six children for a fee.

Financial interest means all direct ownership interests of the total assets or capital stock of a business entity where such ownership interest is ten percent or more.

Fire pits means all belowground pits, freestanding permanent fireplaces, and/or portable devices intended to control and contain outdoor fires. A fire pit does not include any free standing or permanent grill or other structure specifically intended for outdoor cooking.

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

Floor area means the sum of the gross horizontal areas of the total number of floors of a building measured from the exterior faces of the exterior walls or from the centerline of the walls separating two buildings, including stairwells and elevator shafts, but not including: attic space providing headroom for less than six feet, six inches, unusable basement or cellar space not used for retailing, uncovered steps or fire escape, open porches, accessory water or cooling towers, accessory off-street parking spaces, or accessory off-street loading berths.

Frontage means the distance for which the front boundary line of the lot and the street line are coincident. For the purpose of corner lots, all sides of a lot adjacent to streets shall be considered frontage.

Frontage street means the street coincident to the front boundary line of the parcel.

Garage apartment means a dwelling unit for one family erected above a private garage detached from the principal dwelling; an enclosure containing sleeping, kitchen, and bathroom facilities designed for and used or held ready for use as a permanent residence by one family.

Garage, parking, means a building or portion thereof designed or used for storage of motor-driven vehicles, and at which motor fuels and oils may be sold, and in connection with which general automotive servicing may be performed as distinguished from automotive repairs.

Garage, private, means an accessory building or a portion of a principal-use building used for parking or storage of automobiles of the principal building's occupants. A carport is considered a private garage.

Garage, repair, means a building and premises designed or used for the purpose of service or commercial repair of motor vehicles. All body work and painting shall be conducted within fully enclosed buildings. The storage of junk, wrecked vehicles, dismantled parts or supplies shall be solely for the purpose of repairing motor vehicles and not as a salvage or junkyard business. The storage of junk, wrecked or unclaimed vehicles, dismantled parts or supplies shall not be visible beyond the premises.

Gross floor area means the total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

Group day care home means a place that is operated by a person, corporation, or institution, to provide child care for children less than 18 years of age for less than 24 hours per day. Group day care homes are licensed by the State of Georgia for seven to 18 children.

Group home is a generic term that can describe many different types of residential situations. The term "group home" can be applied to residential services for children or residential services for adults. A residential service means that the individual lives full-time in your home or a home you provide. Also, the term "group home" is not a license term, although many people use the term to describe a residential option that is licensed such as a personal care home (PCH), a community living arrangement (CLA), or for a residential program for children. For zoning purposes, group homes will be referred to by their licensed descriptive terms whenever possible; and not simply as a "group home."

Guest house means a lodging unit for temporary guests in a building accessory to a detached, single-family dwelling unit, and which is not rented or otherwise used or occupied as a separate dwelling. A guest house is an accessory use to a detached, single-family dwelling.

Health department means the Greene County Health Department.

Home industry means the manufacture of products of a light industrial nature, primarily involving the assembly of previously manufactured items by members of a family residing on the parcel of land on which the industry is located. The term "home industry" includes the repair of automobiles, small motors, and appliances. No more than three non-family related employees may be employed on the premises and all home industry activity, including repair and storage, must occur in an enclosed building and no pollution or excess noise shall be involved.

Home occupation, residential, means an occupation or profession conducted in accordance with section 121-191 and for financial gain, which is clearly subordinate to the use of the dwelling and which does not change the character thereof.

Home occupation, rural, means an occupation or profession conducted entirely within a dwelling unit or accessory building and for financial gain, which is clearly subordinate to the principal use of the parcel and which does not change the character thereof.

Home office means an office use conducted entirely within a dwelling unit which is carried on solely by the unit's occupant and is incidental and secondary to the principal use of the dwelling. The office may be for the purpose of service or trade workers who customarily work at various locations, such as electricians, plumbers, appraisers, real estate salespersons, or individuals who work at home, such as writers or computer programmers. The term "home office" shall not include any business that involves the sale, manufacture or repair of merchandise on the premises. Home offices shall also not include any business requiring access by the public, including, but not limited to, customers, clients or vendors.

Hospice means a public agency or private organization or unit of either providing to persons terminally ill and to their families, regardless of ability to pay, a centrally administered and autonomous continuum of palliative and supportive care, directed and coordinated by the hospice care team primarily in the patient's home but may also be on an outpatient and short-term inpatient basis.

Hotel means a building or group of buildings (single or multiple ownership) offering transient lodging accommodations for more than 20 persons on a daily rate which may provide additional services such as restaurants, meeting rooms, and recreational facilities.

Industrial park means a tract of land subdivided and developed according to a comprehensive development plan in a manner that provides a park setting for industrial establishments.

Industrialized building means a factory fabricated transportable building consisting of units designed for incorporation into a permanent structure at a building site on a permanent foundation to be used for residential purposes. A modular home shall be certified by the manufacturer to meet the approval of the state building administration board (SAAB) to meet the same requirements as a site built home within the City of Greensboro.

Institution means a non-profit corporation or a non-profit establishment.

Junk means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris or waste, junked, dismantled, or wrecked automobiles, or parts thereof, or iron, steel, and old scrap ferrous or nonferrous metal.

Junk yard means a lot, land or building, or part thereof, used primarily for the collection, storage, and sale of waste paper, rags, scrap metal, or discarded material, or for the collecting, dismantling, storage, and salvaging of machinery or vehicles not in running condition, or for the sale of parts thereof.

Junked vehicle means any wrecked, dismantled, or non-operating motorized vehicle that does not bear a current license plate. Also includes non-operational farm equipment and farm implements.

Kennel means any location where more than four dogs, cats, rabbits, or other domestic animals, or any combination thereof, are kept inside or outside a primary structure, or in an accessory building, on any property within the city, for the purpose of boarding, fostering, caring for, raising, grooming, breeding, training, or sale.

Kindergarten means a school for pre-elementary school children ranging in age from four through six years, which operates for less than four hours per day.

Laundromat means a business that provides home-type washing, drying, ironing machines or coin operated dry cleaning machines for hire and use by customers on the premises.

Laundry and dry cleaning pick-up means a business that provides only for the convenience of taking and picking up laundry and which does not have any on-site equipment for processing laundry.

Loading space means a space within the principal use or on the same lot that provides for standing, loading or unloading of trucks and other carriers.

Lodginghouse. See Boardinghouse.

Lot means a portion of, or parcel of land separated from other portions or parcels by description, metes and bounds, intended for transfer of ownership or for building development and having a separate tax parcel reference number designated in the office of the Greene County Tax Commissioner or the Greene County Tax Assessor.

Lot, corner, means a lot abutting two or more public streets or county maintained roads at their intersection.

Lot, double frontage or through lot, means a lot with frontage on two public streets and/or county maintained roads that does not intersect at a point abutting the property.

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

Lot line, rear, means the rear lot line is generally opposite the front lot line. If the rear lot line is less than ten feet in length or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front lot line, not less than ten feet long, and lying wholly within the lot and farthest from the front lot line.

Lot of record means a lot whose existence, location, and dimensions have been legally recorded or registered in a deed or on a plat in the office of the clerk of the Superior Court of Greene County, Georgia.

Lot width means the horizontal distance between one side lot line and the other side lot line measured at the minimum front setback line.

Lunch counter means a retail establishment where the preparation and serving of food is not the principal business of the retail establishment, defined as not generating the largest percentage of gross sales or occupying the largest percentage of the retail floor area. Food served in the establishment shall be unpackaged, in individual servings, and in a ready-to-consume state. Customers shall be served while seated at tables or counters located within the building.

Manufactured home means 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. The definition at the date of adoption of this part is as follows:

The term "manufactured home" means a structure, transportable in one or more sections, which in the traveling mode, is eight body-feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein, except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary and complies with the standards established under this title.

Manufactured home park means a tract of land that is used, designated, maintained, or held out for rent to accommodate three or more manufactured homes. Manufactured homes located in a manufactured home park are used only to provide living and sleeping accommodations. A manufactured home park does not include an automobile or manufactured home sales lot on which unoccupied manufactured homes are parked for inspection or sale.

Manufactured home space means land within a manufactured home park that is reserved or leased for the placement of an individual manufactured home, accessory structures and the exclusive use of its occupants.

Manufacturing, processing and assembling means the mechanical or chemical transformation of materials or substances into new products. The land uses engaged in these activities are usually described as plants, factories or mills and characteristically use power-driven machines and materials' handling equipment. Establishments engaged in assembling component parts of manufactured products are also considered under this definition if the new product is neither a fixed structure nor other fixed improvement. Also included is the blending of materials such as lubricating oils, plastic resins or liquors.

Mayor means the mayor of the City of Greensboro.

Member of the family means the spouse, mother, father, brother, sister, son, or daughter of a city official. This definition applies to article XI of this chapter only.

Memory care services means the additional watchful oversight systems, program, activities and devices that are required for residents who have cognitive deficits which may impact memory, language, thinking, reasoning, or impulse control, and which place the residents at risk of eloping, i.e., engaging in unsafe wandering activities outside the home.

Memory care unit means the personal care home or assisted living community or specialized unit, thereof, that either holds itself out as providing additional or specialized care to persons with diagnoses of probable Alzheimer's Disease or other dementia who may be at risk of engaging in unsafe wandering activities outside the unit or assisted living community (eloping) or charges rates in excess of those charged other residents because of cognitive deficits which may place the residents at risk of eloping.

Mine development means the preparation of a surface or subsurface area for commercial mining including non-commercial extraction of ore-bearing or non-ore-bearing rock, excavation for open pit, declines, adits, drifts, shaft construction, or any surface construction or excavation.

Mineral exploration means ordinary grading, construction of roads or platforms, core sampling and drilling, of lands for determining the feasibility of the extracting of solid minerals.

Mini-warehouse means a building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods or contractors supplies.

Mobile home means a transportable, factory-built structure designed to be used as a yearround residential dwelling and built prior to the enactment of the Federal Manufactured Housing Act of 1974, which became effective June 15, 1976.

Modular home. See Industrialized building.

Motel means a building or a group of buildings designed and used primarily for offering transient lodging accommodations and having a parking place adjacent to each sleeping room and having separate outside entrances for each guest room. A motel is used primarily for automobile transients and includes such terms as "auto court" and "motor lodge" but not the term "boardinghouse."

Nonconforming building or structure means any lawfully existing building or structure which does not conform to this chapter governing the type, bulk, location, height or size of buildings or structures permitted in the district prior to the adoption of the ordinance from which this chapter is derived but which is in full compliance with all applicable federal, state and local laws, rules and ordinances, and for which all required federal, state and local permits have been issued.

Nonconforming lot means a lot, the area, width, or other characteristics of which fails to comply with applicable ordinances and which was of record and in full compliance with all applicable federal, state and local laws, rules and ordinances prior to the enactment of these or other ordinances, but which does not comply with the requirements of this chapter.

Nonconforming use means a lawful use of land that does not comply with the use ordinance for its zoning district but which complied with applicable ordinances at the time the use was established.

Nursing home means a facility licensed/permitted by the State of Georgia, for three or more unrelated ill or aged persons not operating as the functional equivalent of a family, that provides food, shelter, and 24-hour medical care for compensation in addition to meeting the physical, emotional, and social needs of the unrelated aged or ill persons. A nursing home is a facility which admits patients on medical referral only and for whom arrangements have been made for continuous medical supervision; it maintains the services and facilities for skilled nursing care, rehabilitative nursing care, and has a satisfactory agreement with a physician and dentist who will be available for any medical and/or dental emergency and who will be responsible for the general medical and dental supervision of the home. The term "nursing home" includes any facility that primarily provides skilled nursing care and related services to residents who require medical or nursing care; rehabilitation services to the injured, disabled, or sick; or on a regular basis, health care and services to individuals who because of their mental or physical condition require care and services (above the level of room and board) which is available to them only through these facilities, and is not primarily for the care and treatment of mental diseases. The level of care provided can be described as:

(1)

SNF (skilled nursing facility). A certified nursing facility with a Medicare provider agreement.

(2)

NF (nursing facility). A Medicaid nursing facility.

(3)

SNF/NF dual cert. A certified nursing facility for both Medicare and Medicaid.

(4)

SNF/NF distinct part. Means the certified nursing facility is a distinct part of a rehabilitation center, hospital or another SNF or NF.

(5)

Licensed only. Licensed by Georgia but has no Medicare or Medicaid certification.

Off-street parking means an area exclusive of a public or private thoroughfare where motor vehicles may be stored for the purposes of temporary, daily, or overnight parking.

Open space means land used for recreation, resource protection, amenity, or buffers. In no event must any area of a lot constituting neither the minimum lot area nor any part of an existing or future road, right-of-way, off-street parking, loading space, or area immediately underneath electrical transmission lines be counted as open space.

Opponent means any person who opposes a rezoning action or any attorney or other person representing or acting on behalf of a person who opposes a rezoning action.

Oppose means to appear before, discuss with, or contact, either orally or in writing, a City of Greensboro official and argue against a rezoning action.

Pedestal sign means a freestanding sign mounted on and integral to a masonry base or foundation.

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

Person means an individual, partnership, committee, association, corporation, labor organization, or any other organization or group of persons.

Personal care facility means a generic term that can describe many different State of Georgia licensed facility existing for the provision of housing, food service, long term medical care, or other personal services, including, but not limited to, personal care homes, community living arrangements, skilled nursing facilities, nursing facilities, nursing homes, child care facilities, family personal care homes, group personal care homes, congregate personal care homes, child care learning centers, family day care, day care centers, and day care homes. For zoning purposes, personal care facilities will be referred to by their licensed descriptive terms whenever possible, and not simply as a personal care facility.

(1)

Personal care home. Personal care home means a building or group of buildings, licensed by the State of Georgia, 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 one or more personal services for two or more adults who are not related by blood or marriage to the owner or administrator of the home and complies with all regulations and requirements of the State of Georgia Department of Human Resources. Personal services includes, but is not limited to, individual assistance with or supervision of self administered medication and essential activities of daily living such as eating, bathing, grooming, dressing, and toileting. This term does not include buildings that are devoted to independent living units that include kitchen facilities where residents have the option of preparing and serving some or all of their own meals or boarding facilities which do not provide personal care.

(2)

Personal care homes are categorized as follows:

Family personal care home means a home for adults in a family-type residence, non-institutional in character, which offers care to two through six persons.

Group personal care home means a home for adults in a residence or other type buildings, non-institutional in character, which offers care to seven through 15 persons.

Congregate personal care home means a home for adults offering care to 16 or more persons.

Planning commission means the City of Greensboro Planning and Zoning Board.

Plat means a sketch, map or survey of a lot, tract or parcel of land including lot lines, street rights-of-way and easements, with the dimensions of these features inscribed thereon.

Play school means a school for pre-kindergarten children ranging in age from three to four years of age.

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

Professional means, when used in connection with "use" and "occupancy," a use or occupancy by persons generally engaged in rendering personal, executive, sales, or administrative services or activities, including accountants, architects, professional engineers and land surveyors, doctors, lawyers, insurance offices, real estate offices, religious organizations, stock brokers and administrative agencies considered professional in character. The term "professional," however, does not include repairs or sales of tangible personal property stored or located within the building nor any use that would create any loud noise or noxious odors within the City of Greensboro.

Property interest means the direct ownership of real property, including any percentage of ownership less than total ownership.

Public utility means any structure or facilities (other than buildings, unless such buildings are used as storage incidental to the operation of such structures or facilities) owned by a governmental entity, a nonprofit organization, a corporation, or any entity defined as a public utility for any purpose by the Georgia Public Service Commission and used in connection with the production, generation, transmission, delivery, collection, or storage of water, sewage, electricity, gas, oil, or electronic signals.

Real property means any tract or parcel of land and, if developed, any buildings or structures located on the land.

Reclamation of explored lands means the combined process of land treatment that mitigates water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion and other adverse effects from exploration including all associated lands, so that explored lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and minimize danger to the public health, safety, and welfare. This process may extend to back filling, to original grades and previous natural conditions.

Recreational campgrounds means any public or private property that is used on a continuing basis for camping, or camping in conjunction with fishing or hunting shall be considered a recreational campground.

Recreational vehicle means a vehicular type unit primarily designed for recreation, camping, travel or seasonal use that has its own motor power or is mounted on or towed by another vehicle. The basic entities are: travel trailer, folding camping trailer, park trailer, truck camper, motor home, and custom van conversions.

Recreational vehicle park means any parcel where two or more recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles or tents, as temporary living quarters by the general public for recreation or vacation purposes.

Recreational vehicle site means a plot of ground within a recreational vehicle park intended for the accommodation of either a recreational vehicle, tent, or other individual camping unit on a temporary basis. Sites shall be rented by the day or week only, and the occupant of the space and his vehicle, tent or camper shall not remain in the same recreational vehicle park for more than 30 days in a 60-day period.

Religious institution means a religious institution that has been granted 501-C tax exempt status by the Internal Revenue Service and whose property is deemed tax exempt by the Greene County Tax Assessor.

Restaurant means an establishment where food and beverages is sold for consumption on the premises. A snack bar or refreshment stand at a public or non-profit community swimming pool, playground, or park operated solely for the convenience of patrons of the facility is not a restaurant.

Restaurant, drive-in, means an eating or drinking establishment which caters to motor-driven vehicle business where the person being served consumes his food or drink while sitting in a motor driven vehicle, as opposed to a restaurant serving exclusively inside an enclosed building.

Restaurant, fast-food, means an establishment that offers quick food service, which is accomplished through a limited menu of items already prepared and held for service, or prepared, fried, or griddled quickly, or heated in a device such as a microwave oven. Orders are not generally taken at the customer's table and food is generally served in disposable wrapping or containers.

Rezoning action means an action by the city council upon recommendation by the planning and zoning board adopting an amendment to the zoning ordinance and map that has the effect of rezoning real property from one zoning district to another.

Right-of-way means that area, distinguished from an easement, for the present or future use of roads, streets, highways and utilities, together with its drainage facilities and other supporting uses and structures.

Right-of-way line means designated limits of a right-of-way, whether such right-of-way is established by usage, recorded easement, deed, dedication or by an official right-of-way map of the City of Greensboro.

Roominghouse means a building other than a hotel where lodging for three but not more than 20 persons is provided for compensation or by pre-arrangement but no meals are served.

School means a public or private facility that provides a curriculum of elementary and secondary academic instruction including kindergartens and pre-kindergartens.

Screening means a method where a view of one site is shielded, concealed, or hidden from another site. Screening techniques include fences, walls, berms, densely planted vegetation, natural vegetation or other features. Screening must provide a visual and acoustical barrier that is of such nature and density that it provides yearround maximum shielding, concealment or hiding from the ground to a height of at least eight feet or from view from the normal level of a first story window on an abutting lot.

Self-storage facility. See Mini-warehouses.

Setback means the minimum horizontal distance between the lot or property right-of-way line and the nearest front, side or rear line of the building, including terraces or any covered projections, but excluding steps.

Shopping center means a group of retail business and service uses on a single site planned and developed as a unit, with common off-street parking facilities.

Sign means a structure or device designed or intended to convey information to the public in written or pictorial form.

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 of other material or color forming an 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.

Sign face means the surface of the sign upon, against or through which the message of the sign is exhibited.

Sign height means the vertical measurement from the highest part of a sign, including all support structures, to the average ground level. Any earth berm or elevated foundation that supports a sign, sign post, or sign support is included in the height of the sign.

Sign structure means any construction used or designed to support a sign.

Site built means a building constructed on-site with approved building materials, inspected periodically during construction, and constructed according to locally adopted building codes.

Solid fence means an artificially constructed barrier of any material or combination of materials generally manufactured for fencing, erected to enclose or screen areas of land in a manner where the area inside the fencing is not readily visible at any distance.

Solid wall means a wall constructed in such a manner to prohibit viewing of land, materials, buildings, etc., located behind the wall, from an individual standing outside and parallel to the wall.

Solid waste landfill means any disposal facility where any amount of municipal solid waste, as defined in O.C.G.A. § 12-8-22, as amended, occurs, whether or not mixed with or including other waste allowed under Subtitle D of the Federal Resource Conservation and Recovery Act of 1976, as amended, is deposited by means of placing an approved cover thereon.

Special event venue means a facility or premises where special events are conducted or held, which may also be used as a bed and breakfast as defined in this code section where such use is allowed within the underlying zoning designation.

Special events means circuses, fairs, carnivals, festivals, or other types of special events that:

(1)

Run for longer than one day but not longer than two weeks;

(2)

Are intended to or likely to attract substantial crowds; and

(3)

Are unlike the customary or usual activities generally associated with the property where the special event is to be located.

Storage trailer means a prefabricated portable storage building commonly attached to a cab or chassis for transportation.

Story means that portion of a building, other than a cellar, included between the surface of the floor and the ceiling above it.

Street means a public or private thoroughfare which affords the principal means of ingress and egress to abutting property and is classified as follows. See section 121-95 for street classifications.

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

Street, public, means a street that is titled by description or deed and vested in the City of Greensboro.

Structure means anything constructed or erected with a fixed location on or in the ground, or attached to something having a fixed location on the ground. The term "structure" includes, but is not limited to, the following: site built buildings, manufactured, mobile and modular homes, swimming pools, and signs.

Subdivision means the division of a tract, lot or parcel into three or more lots, building sites, or other divisions for the immediate or future purpose of sale, lease, offer or development.

Subdivision ordinance means chapter 113.

Temporary residence means a manufactured home used as a temporary residence during reconstruction of a permanent home that has been destroyed by fire, natural disaster, or condemnation. A temporary residence must be removed immediately upon completion of construction or no later than 30 days after the issuance of a certificate of occupancy.

Temporary structure means a structure used in conjunction with construction work which may not be used as a residence, and must be removed immediately upon completion of construction.

Theater means an indoor commercial facility used for the sole purpose of showing commercially produced movies to a paying audience. Generally, theaters contain a concession facility.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self supporting lattice towers, guy towers, or monopole towers. The term "tower" includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like.

Townhouse means a single-family attached dwelling unit that is erected in a row as part of a single building, on adjoining lots, each separated from the adjoining unit or units by approved fire resistant party wall or walls extending from the basement or cellar floor to the roof along the dividing lot line. Each unit shall have its own front door which opens to the outdoors, and shall have a minimum of two floors. There is no access between adjoining units.

Transfer station means a facility used to transfer solid waste from one transportation vehicle to another for transport to a disposal facility or processing operation. A transfer station must comply with the rules of the Georgia Department of Natural Resources, Environmental Protection Division, section 391-3-4, Solid Waste Management, effective June 27, 1993, and as amended.

Variance means a minimal relaxation or modification of the strict terms of the height, area, placement, setback, yard, buffer, landscape strip, parking and loading ordinances as applied to specific property when, because of particular physical surroundings, shape, or topographical condition of the property, not due to the fault of the owner of said property, compliance would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make a profit.

Yard means an open space on the same lot with a principal use, unoccupied and unobstructed by buildings or structures from ground to sky except where projections and accessory buildings are expressly permitted in this chapter.

Yard, front, means an open, unoccupied space on the same lot with the principal use, extending the full width of the lot and situated between the right-of-way line and the building line projected to the side lines of the lot. Covered porches, whether enclosed or unenclosed, are considered part of the principal use and shall not project into a required front yard. On corner lots, the front yard is considered parallel to the street upon which the lot has its largest dimension.

Yard, rear, means a yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the building. Rear yard depth shall be measured at right angles to the rear line of the lot.

Yard, side, means a yard lying between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or in the absence of either of such front or rear yards, to the front or rear lot lines. Side yard width shall be measured at right angles to side lines of the lot.

Zoning action means a request for any action under this chapter, including, but not limited to, rezoning, variance, conditional use permits, tower ordinances, and sign ordinance.

Zoning administrator means the individual or his designated representative, who is vested with the duty of administrating land use regulations within the areas of the City of Greensboro.

(Zoning Ord. 2007, § 3.1; Ord. No. 2015-002, 4-20-2015; Ord. No. 2015-004, § 2, 6-15-2015; Ord. No. 2015-005, § 1, 6-15-2015; Ord. No. 2018-002, § 2, 3-19-2018)

This chapter is for the purpose of setting forth standards and permissible uses designed to conserve and protect the natural, economic and scenic resources of the City of Greensboro's health, aesthetics, morals, convenience, order, prosperity and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to promote desirable living conditions and stability of neighborhoods; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements by dividing the City of Greensboro into districts of such size and shapes as may be best suited to carry out the purposes of the legislative act and of this chapter.

(Zoning Ord. 2007, § 1.1)

The mayor and city council of the City of Greensboro, under the authority of article IX, section 2, paragraph 4 of the Constitution of the State of Georgia and O.C.G.A. title 36, ch. 66 (O.C.G.A. § 36-66-1 et seq.) and for the purpose of promoting the health, safety, morals, convenience, order, prosperity, or the general welfare of the City of Greensboro and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to avoid undue concentration of population; ordains and enacts into law this chapter, (for planning, zoning and subdivision control purposes).

(Zoning Ord. 2007, § 1.2)

The mayor and city council of the City of Greensboro, as authorized by the Constitution of the State of Georgia, adopts zoning regulations for the following purposes: to define certain words used therein; to create zoning districts; to regulate the location of trades, professions, businesses, and industries; to regulate the density in distribution of population; to provide for the gradual elimination of nonconforming uses of land, buildings and structures; to provide for the method of administration, amendment and enforcement; to provide for the imposition of penalties for violations; repeal conflicting ordinances and resolutions; and for other purposes.

(Zoning Ord. 2007, § 1.3)

This chapter shall govern the use of all land and development within the incorporated limits of the City of Greensboro, Georgia, in accordance with O.C.G.A. § 36-70-5.

(Zoning Ord. 2007, § 1.4)