This article shall be known as the "Helen zoning ordinance."

(Ord. No. 90-3, § 1, 6-19-90)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. The word "person" includes a firm, partnership, company, corporation or association. The word "lot" includes the word "plot" or "parcel." The word "building" includes the word "structure." The word "shall" is always mandatory and not merely directory. The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged" or "designed" to be "used" or "occupied."

Accessory building means a detached, subordinate structure, the use of which is clearly incidental to, customarily associated with, and related to the principal structure or use of the land, and which is located on the same lot as the principal structure or use.

Alley means a private or public thoroughfare which affords only a secondary means of access to a building or property and is not intended for general traffic circulation.

Alteration means any change in the supporting members of a building, any modification or change in construction, any addition which increases the area or height, or any change in use or movement of a building from one location to another.

Apartment means a dwelling unit in a multifamily or mixed use building.

Apartment building means a residential building, other than a townhouse or condominium, containing three or more dwelling units.

Bed and breakfast inn means a place which furnishes lodging or lodging and meals for at least four but not more than 12 transient persons in return for compensation.

Buffer means a landscaped strip of land, enhanced to ensure proper screening between noncompatible zoning or commercial business uses. Items permitted to be utilized in the buffer strip include but are not limited to plantings, planters, fences, walls or earth berms.

Buildable area means the portion of a lot which remains after the required setbacks have been taken into consideration and other applicable criteria (i.e., flood hazard area, easements, etc.).

Building means any structure, either temporary or permanent, above- or belowground, having a roof or other covering, and designed, built or used as a shelter or enclosure for persons, animals, property of any kind, including tents, awnings or vehicles used for purposes of a building.

Building height means the vertical distance of a building measured from the average elevation of the finished lot grade along the front of the building to the peak of the building's main roof.

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

Building, principle means a building in which is conducted the main use of the property on which the structure is located.

Certificate of occupancy means a permit issued by the city which indicates that the use of a building, structure or land is in compliance with the provisions of this article and occupancy of the premises is permitted.

Clinic means a facility which shall provide medical care, for humans or animals, with the exclusion of overnight care.

Cluster housing means a development design technique that concentrates buildings in specific areas of a site to provide a higher density in part of the development to allow the remaining land to be used for recreation, common open space, other land uses and the preservation of environmentally unique or sensitive features.

Commercial development means any development intended for other than exclusive use as a detached one-family dwelling or accessory building thereto; including but not limited to the following uses: retail, wholesale, general service, public service, manufacturing and any other industrial, agricultural and multifamily dwelling.

Conditional use means a use which may be permitted in a zone where it is specifically listed, subject to the review and approval of the planning and design review board and city commission.

Convenience store means a small retail establishment which offers commonly staple food and supplies, possibly including gasoline and oil.

Day care center means the provision of daytime supervision, training, medical services and the like for children of preschool age or for the elderly; a private facility licensed and approved for operation.

District or zone means a portion of the city designated by the city commission and identified on the official zoning map as subject to specific regulations contained in this article.

Duplex means a residential building containing two dwelling units.

Dwelling unit means a room, or group of rooms, with facilities for living, sleeping, cooking, eating and sanitation designed for and occupied by only one family.

Enforcement officer means as provided in section 34-26.

Family means one or more persons related by blood, marriage, adoption or guardianship, or not more than four unrelated persons living together as a single housekeeping unit.

Fence means a structural barrier presenting a solid face or having openings among or between its constituent members which is used for enclosure, screening or demarcation; a wall with a height greater than four feet, constructed of wood, stone, brick, masonry, or concrete shall be considered a fence.

Flood hazard area means that area which is subject to periodic flooding as designated by the Federal Emergency Management Agency.

Floodway means the channel of a stream and that portion of the adjoining floodplain designated by FEMA.

Floor area ratio means a mathematical expression determined by dividing the total floor area of a building by the area of the lot on which it is located.

Garage means a structure, considered part of the principal structure if attached thereto and considered an accessory use if detached therefrom, used for the sheltering of automobiles.

Home occupation means an occupation for gain or support which is customarily conducted at the home, which is incidental to the use of the dwelling unit, which employs not more than two people not residents of the premises, and utilizes not more than 25 percent of the total actual floor area is used for the home occupation purposes. (See section 34-255)

Lot means a parcel of 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 severance creates any nonconforming use or structure.

Lot, adjoining or adjacent means any lot with which the boundary of the lot shares a common border with the lot in question, or whose common border is separated only by an alley, easement or right-of-way.

Lot depth means the average horizontal distance between the front and rear lot line, generally measured perpendicular to the front line.

Lot frontage means the linear dimension of a lot along the right-of-way of city, county or state maintained street.

Lot line means any boundary of a lot.

Lot of record means a parcel of land which has been recorded within the office of the clerk of superior court of the county.

Lot width means the horizontal distance between the side lot lines of a lot measured at the front building line.

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term includes manufactured homes, park trailers, travel trailers and other similar vehicles.

Mixed-use structure means a building containing residential uses, in addition to nonresidential uses permitted in the zone.

Multifamily means a residential building containing three or more dwelling units.

Nonconforming lot means any lot of record that does not conform to the width and area requirements of this article at the effective date of their adoption or amendment.

Nonconforming structure means any structure that does not conform to the bulk, setback, offset, height, floor area ratio, parking or loading requirements of this article at the effective date of their adoption or amendment or as amended.

Nonconforming use means any lawful structure, building, parcel of land, or use of a parcel of land or building at the time of the adoption of the ordinance from which this article is derived or amendment, which does not conform with the requirements of same.

Office means a structure or portion of a structure in which business activities take place on a regular basis, but where goods are not physically produced, sold or repaired.

Off-street loading space means a hard paved space on private property of at least 12 feet by 45 feet plus driveways, for the loading and unloading of trucks.

Parking space means a hard paved or gravel space on private property, for the storage of a motor driven vehicle, leaving unobstructed access to a driveway.

Permitted use means a specifically listed use that is permitted in a zoning district subject only to the requirement pertaining to all uses in the district.

Planned unit development means a planned residential, commercial or industrial development, professionally designed as a unit, approved by the planning and design review board and located in those areas zoned for its use.

Principal building means a building which contains the principal uses, not an accessory building.

Principal use means the principal purpose for which a lot or the main building thereon is designed, arranged, or intended, and for which it is or may be used, occupied or maintained.

Private recreational area means an area or facility owned or operated by a private entity, and while such area may be open for public use and leisure time activities, including sports and other customary and usual recreational activities, a fee is charged by the private entity to participate in such recreational activities.

Public building means a building owned or operated by a governmental agency.

Public recreational area means an area or facility owned or operated by a governmental entity, and designed and equipped for the public use and leisure time activities, including sports and other customary and usual recreational activities.

Residence, single-family means a residential building containing only one dwelling unit and not attached to any other building.

Residential development means any development intended for exclusive use as a detached single-family dwelling or accessory building thereto.

Restaurant means a facility designed for the preparation and intake of meals in return for compensation.

Restaurant, drive through means a facility designed for the preparation and intake of meals in return for compensation, with a special window to provide for the ordering and purchasing of the meal without entering the facility.

Right-of-way means a strip of land over which the municipality has a right, by ownership or easement, to construct a public street, sidewalk or use for public utilities.

Setback means the shortest distance between the street right-of-way or lot line and the nearest exterior wall or part of the principal building or structure on a lot.

Shopping center means a single enterprise which is located on a single parcel or property which is entirely separated or segregated into individual shops or separate, distinct businesses or functions. Actual ownership of the individual, separate functions is not a factor.

Storage building means a structure, permanent or temporary, of less than 100 square feet and no more than one story in height for the storage of equipment for the day-to-day maintenance of the appearance and upkeep of residential property.

Street means a public right-of-way set aside for public travel which has been accepted for the maintenance by the city or the state; has been established as a public street prior to the date of adoption of the ordinance from which this article is derived; has been dedicated to the city or the state for public travel by the recording of a street plat or a plat of a subdivision which has been approved by the planning and design review board.

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 which offers support for floors or a water shedding roof. Utility poles or landscaping features such as fountains, planters, decorative walls constructed of wood, stone, brick, masonry or concrete, shall not be considered a structure. Should the natural terrain of the property, or adjacent property, require a retaining wall to be built along the side property line to a sufficient height to properly retain the fill behind it, the retaining wall shall not be considered a structure.

Subdivision means all divisions of a tract or parcel of land into two or more lots, building sites, campsites or other divisions for the purpose, whether immediate or future, of sale, lease, rent or building development, and includes all division of land involving a new street or a change in existing streets, and includes a resubdivision and, where appropriate, the context relates to the process of subdividing or to the land or areas subdivided; provided, however, that the following are not included within this definition:

(1)

The combination of previously platted lots where the total number of lots is not increased and the resultant lots are equal to the standards of the city.

(2)

The division of land into parcels of five acres or more where no new street is involved.

Top floor elevation means highest habitable floor of the building.

Townhouse means an attached multiple-family dwelling in a row or group in which each is separated from adjoining houses in the same row or group by firewalls or fire separations.

Use means the purpose for which a parcel of land or a building is designed, arranged or intended, or to which the parcel of land or building is occupied or maintained.

Variance means a relaxation of the specific provisions of this article where such variance would not be contrary to the public interest and where, owing to the conditions peculiar to the property and not as a result of the applicant, a literal enforcement of this article would result in unnecessary and undue hardships.

Yard means the area of land around a building or structure, front, sides, and rear, which is primarily a landscaped area and is relatively open. Materials allowed to be placed in a yard include but are not limited to: (a) Grass, flowers, and landscape stone; evergreens and shrubs, a maximum of three feet in height; (b) Planters and fountains constructed of wood, stone, brick or masonry, a maximum of three feet in height; and deciduous trees listed in section 34-253. Parking may be located in a yard in accordance with the criteria found in Division 4, Supplemental Regulations.

Yard, front means a space on the same lot with a principal building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of the lot.

Yard, rear means a space on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot.

Yard, side means a space on the same lot with a main building, situated between the building and the side line of the lot and extending from the rear line of the front yard to the front line of the rear yard.

Zero lot line development means a development technique used in multiunit developments (duplex, condominium, garden apartments) whereby the side yard requirements are waived and the units share a common wall. This allows for greater density in developments with small acreages, it further provides for flexibility in design of the development.

(Ord. No. 90-3, § 3, 6-19-90; Ord. No. 90-9, 1-22-91; Ord. No. 96-07-02, 8-19-96; Ord. No. 10-02-01, 2-16-10; Ord. No. 10-06-02, 8-17-2010)

Cross reference— Definitions and rules of construction generally, § 1-2.

(a)

Upon conviction, any person who violates this article shall be penalized in one of the following manners:

(1)

A fine of not more than $500.00.

(2)

Imprisonment for not more than 30 days.

(3)

Fine of not more than $500.00 and imprisonment for not more than 30 days.

(b)

In addition to the required penalty, the violator shall be responsible for all costs and expenses incurred due to the case.

(c)

Nothing contained herein shall prevent the city from taking any other lawful action as deemed necessary to prevent or remedy a violation.

(Ord. No. 90-3, § 12(B)(2), 6-19-90)

The city commission has deemed it necessary to prepare a document of land use management and minimum design standards to promote controlled, aesthetic growth and to ensure quality growth, health and safety for the residents of the city. The inhabitants of the city shall abide by and adhere to this document, the Helen zoning ordinance, as contained in this article to ensure the general welfare of the city as well as the people contained within the city.

(Ord. No. 90-3, § 1, 6-19-90)

The provisions of this article shall apply to all local land and structures within the corporate limits of the city as they now or may hereafter exist.

(Ord. No. 90-3, § 1, 6-19-90)

(a)

An official zoning map will be prepared and will be considered a part of this article. It will be entitled the "Official zoning map of the City of Helen, Georgia."

(b)

Boundaries between zoning districts will follow property lines and centerlines of streets, roads and streams unless otherwise noted.

(Ord. No. 90-3, § 13, 6-19-90)