(a)

Except as defined herein, all other words used in this zoning ordinance shall be defined in accordance with the American Planning Association (APA), A Planners Dictionary, published April 1, 2004, as interpreted by the zoning official. For terms not found in A Planners Dictionary,words used shall be defined in accordance with Merriam-Webster's Collegiate Dictionary, 11th Edition, as interpreted by the zoning official and to be read in context with the purposes and provision of the span of the chapter it is being used to define.

(b)

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; words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the term "structure" shall include the term "building"; the term "shall" is mandatory and not discretionary.

(c)

References to "days" are to calendar days unless otherwise expressly stated. References to "business days" are references to regular city government working days, excluding Saturdays, Sundays, and holidays observed by the city. The time in which an act is to be completed is computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday, or holiday observed by the city, that day is excluded. A day concludes at the close of business of city hall, and any materials received after that time will be considered to have been received the following day.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

Whenever a provision appears requiring the head of a department or another officer or employee of the city to perform an act or duty, that department head, officer, or employee is authorized to delegate the assigned responsibility to other individuals over whom they have authority. This includes the identification of the zoning official or other position throughout the chapter.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

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

Active adult living. Refer to "senior housing" definition herein.

Addition (to an existing building) means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common loadbearing wall other than a firewall. Any walled and roofed addition which is connected by a firewall or is separated by independent perimeter loadbearing walls is new construction.

Adult business means the following:

(a)

Any business which is conducted exclusively for the patronage of adults and to which minors are specifically excluded from patronage there either by law or by the operators of such business;

(b)

Any business where employees or patrons expose specified anatomical areas or engage in sexual activities as defined by a separate ordinance of the city; or

(c)

Any other business or establishment which offers its patrons services, products, or entertainment characterized by an emphasis on matter depicting, describing, discussing or relating to sexual activities or anatomical areas.

(d)

Sexually oriented businesses are adult bookstores, adult video stores, adult dancing establishments, adult mini-motion picture theaters, adult motion picture arcade, adult video store, erotic dance establishment, or escort service, as those terms are defined in chapter 6, Adult Entertainment, of the Municipal Code.

Alley means a public or private thoroughfare which affords only a secondary means of access to abutting property.

Alteration means 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 that of one district classification to another; or, any movement of a building from one location to another.

Apartment. See "dwelling, multifamily."

Aquifer means any stratum or zone of rock beneath the surface of the earth capable of containing or producing water from a well.

Bed and breakfast home means rooms for rent that are within a single-family dwelling which:

(a)

Is occupied by the owner as their principal residence;

(b)

The same rental occupants shall not reside at for more than seven consecutive days;

(c)

Breakfast is the only meal served and only to registered overnight guests;

(d)

No person who is not a resident on the premises is employed;

(e)

The exterior appearance of the dwelling is not altered from its residential character except for safety purposes; and

(f)

The identification sign is no larger than two square feet and not internally lighted.

Bed and breakfast inn means a building, not necessarily owner occupied, that offers transient lodging accommodations and breakfast for four or more guestrooms for compensation; provided that:

(a)

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

(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 off-street parking space for each rental room and one space for each employee.

(f)

In a residential district, signage shall be limited to one sign with a maximum size of two square feet.

Boardinghouse means a dwelling, permanently occupied by the owner or operator, where sleeping accommodation and meals, served upon the table, family style with no provision for cooking in any of the occupied rooms, are provided for five or more persons not of the same family by prearrangement for definite periods and for compensation.

Brewery/distillery/winery means an industrial facility where malt, brewed or distilled beverages are produced (in spaces in excess of the micro-producer limits) on the premises and then sold or distributed for on- or off-premises consumption and must licensed by the Alcohol and Tobacco Division of the Georgia Department of Revenue.

Buffer means a portion of a lot set aside for stream protection and/or screening purpose, 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, din, 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.

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

Building height means 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 top of the highest ridge of a gable, hip, or gambrel roof.

Building line means a line parallel to the street right-of-way line at a distance therefrom equal to the depth of the required front yard for the zoning district in which the lot is located. (See Setback line.)

Caliper means the diameter measurement of the trunk taken six inches above ground level for trees up to and including four-inch caliper size.

Cemetery, private means any plot of ground, building, mausoleum, 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 or adjacent to 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 or adjacent to a religious institution and used for the burial of deceased persons who are generally members of the religious institution.

Child care center, group means a building or portion of a building wherein is provided care and supervision of persons away from their place of residence for less than 24 hours a day on a regular basis for compensation; serves seven to 18 persons and is licensed by the state.

Child care facility means a building or portion of a building wherein is provided care and supervision of persons away from their place of residence for less than 24 hours per day on a regular basis for compensation; serves 19 or more persons and is licensed by the state; for children, the outdoor play area shall be enclosed by a fence of not less than four feet in height in the rear yard only. For the purposes of this chapter, 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 "preschool."

Child care home, family means a customary home occupation which provides, for six or less persons who are not residents of the premises; care and supervision by a state registered resident adult for less than 24 hours per day on a regular basis for compensation.

Child-caring institution means any institution, society, agency, or facility, whether incorporated or not, which either primarily or incidentally provides full-time care (room, board, and watchful oversight) for children through 18 years of age outside of their own homes, and that is licensed by the state department of human resources as a child-caring institution.

City means the City of Jasper, located in Pickens County, Georgia.

Clinic means a building or a portion of a building where patients are not lodged overnight, but are admitted for examination and treatment by one or more physicians or dentists practicing together.

Club, private means a building or portion thereof or premises owned or operated by a corporation, association or person for a social, educational or recreational purpose but not primarily for profit or to render a service which is customarily carried on as a business.

Community living arrangement means any dwelling, whether operated for profit or not, that undertakes through its ownership or management to provide or arrange for the provision of daily 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 Behavioral Health and Developmental Disabilities (DBHDD).

Comprehensive plan means the Joint Pickens County-Jasper-Nelson-Talking Rock Comprehensive Plan as adopted and as may be subsequently amended by the County and the Cities of Jasper, Nelson, and Talking Rock.

Condominium means a building or group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis.

Craft beer means an alcoholic beverage that is obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination of such products in water, containing six percent or more alcohol by volume and including ale, porter, brown, stout, lager, beer, small beer, and strong beer. The term does not include sake, known as Japanese wine rice.

DBH (diameter breast height) means the diameter of a tree 4.5 feet above average ground level.

Direct light means light emitted directly from the lamp, off of the reflector or reflector diffuser, or through the refractor or diffuser lens, of a luminaire.

District means a delineated section or sections of the city 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.

Drive-in or drive-thru means any use providing the opportunity of selling, serving, or offering goods or services directly to customers waiting in vehicles or customers who return to their vehicles to consume or use the goods or services while on the premises of the principal use.

Dwelling means a building which is designed or used exclusively for residential purposes, including single-family, and multifamily residential buildings, rooming houses and boardinghouses, fraternities, sororities, dormitories and industrialized homes, but not including hotels and motels.

Dwelling, apartment. See "dwelling, multifamily."

Dwelling, dense residential in-fill means a single-family detached dwelling having one dwelling unit which is designed or used exclusively for single-family residential purposes, primarily being a detached site-built home, except as provided otherwise herein, and designed for in-fill development on small lots (being a standard lot size of at least 7,260 square feet, except as otherwise allowed herein) within appropriate existing urban residential areas within the city.

Dwelling, multifamily means a building or set of buildings containing a group of dwelling units on a common lot containing separate living units for four or more families, having separate or joint entrances, and including apartments and condominiums. These are specifically distinguished from units defined as single-family attached dwellings where such units extend from the lowest level to the roof.

Dwelling, single-family, attached means a residential structure designed to house a single-family dwelling unit from lowest level to roof, with a private outside entrance, but not necessarily occupying an individual lot, and sharing a common wall adjoining dwelling units. This term includes duplexes, triplexes, and townhouses, either fee simple or condominium-owned.

Dwelling, single-family, detached means a residential structure designed to house a single-family dwelling unit located on an individual lot which is not attached to any other dwelling unit by any means.

Dwelling unit means one or more rooms located within a building and forming a single habitable unit with individual permanent sanitary and kitchen facilities and is used or intended to be used for living, sleeping, cooking, and eating purposes. Units in motels, or other structures designed for transient residents are not included.

Dwelling, zero lot line means a development of single-family detached dwellings in which one interior side yard may be lawfully reduced to zero on any lot for the purpose of creating larger, more usable, and more easily maintained yard spaces, particularly on smaller lots.

Easement means the right of a person, government agency, or public utility company to use public or private land owned by another for a specific purpose.

Environmental conservation district means an environmental conservation district map overlay that imposes a set of requirements in addition to those of the underlying zoning district.

Existing construction means any structure for which the start of construction commenced before the effective date of the ordinance from which this chapter is derived.

FAA means the Federal Aviation Administration.

Family means an individual, or two or more persons related by genetics, adoption, or marriage, or a group of four or fewer persons who are not related by genetics, adoption, or marriage.

Farming means the business of cultivating land, or employing it for the purposes of husbandry; the cultivation and fertilization of the soil as well as caring and harvesting the crops.

FCC means the Federal Communication Council.

Fixture means the assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor or lens.

Flea market means a building or open area in which stalls or sales areas are set aside, and rented or otherwise provided, and which are intended for use by various unrelated individuals to sell articles that are either homemade, homegrown, handcrafted, old, obsolete, or antique and may include the selling of goods at retail by businesses or individuals who are generally engaged in retail trade.

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

Floor area, gross means the gross heated areas of all floors, measured from the exterior faces of the building.

Food hall means establishments consisting of three or more individually-licensed businesses within an enclosed building where food and beverages may be consumed on the premises, taken out, or delivered, and may also include small retail venues. Patrons may be served while seated and pay after eating, or orders may be made at a walk-up window, counter, machine, or remotely, and payment made prior to food consumption. Characteristics of food halls include, but are not limited to: shared entrance/lobby areas, compartmentalized spaces for individually licensed businesses, shared eating areas, shared restrooms, and shared "back of house" areas (e.g. storage, dishwashing, food preparation). Each compartmentalized space may have access to the exterior of the building, along with outdoor dining and seating areas, which may be shared with other businesses within the establishment.

Footcandle means a unit of illuminance on a surface that is everywhere one foot from a uniform point source of light of one candle and equal to one lumen per square foot. One footcandle (FC) is the equivalent of 10.76 Lux (1 Lux = 0.0929 FC).

Frontage, street means the distance a lot abuts on a street; the front lot line.

Full cutoff luminaire means outdoor light fixtures shielded or constructed so that no direct light rays are emitted by the installed fixture at angles above the horizontal plane.

Funeral home means a building used for human services. Such building contains a chapel and may include space and facilities for embalming and the performance of other services used in the preparation of the dead for burial or cremation, the performance of autopsies and other surgical procedures, the indoor storage of caskets, funeral urns, and other related funeral supplies, and the indoor storage of funeral vehicles. In addition, the actual cremation of the dead may occur within the building or accessory building.

Garage, general service means a building or portion thereof, other than a private, storage, or parking garage, designed or used for equipping, servicing, repairing, hiring, selling, or incidental short-term storing of motor-driven vehicles, but not including the storage of wrecked or junked vehicles, to which repairs are not intended to be made.

Garage, private means 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 accessory.

Glare means light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see, and in extreme cases causing momentary blindness, or that causes annoyance or discomfort.

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

Greenspace means naturalized area or areas set aside for alternate purposes other than roads or residences to be approved as part of the overall site plan prior to commencement of construction.

Group home means residential occupancy of a dwelling other than a "household," typically providing communal kitchen/dining facilities. Examples of group living uses include, but are not limited to, fraternities, sororities, convents, monasteries, nursing homes, personal care homes, child-caring institutions, community living arrangements, homeless shelters, supportive living, and transitional housing facilities.

Growler means a properly sanitized reusable bottle made of glass or other material customary to the industry provided that the bottle is capable of being sealed with a screw cap and then sealed with a plastic collar over the screw for the purpose of complying with open container laws, and further provided that the bottle does not exceed 64 ounces and is filled by a licensee or employee of the licensed establishment with craft draft beer from a keg for off-premises consumption.

Hardship means an unusual situation on the part of an individual property owner which will not permit him to enjoy the full utilization of his property which is given to others within the city.

Hazardous waste means any solid waste which has been defined as a hazardous waste in regulations, promulgated by the administrator of the United States Environmental Protection Agency (US EPA) pursuant to the federal act, which are in force and effect on February 1, 1988, codified as 40 CFR 261.

Health department means the county health department and/or the state department of human services.

Health officer means the legally designated health authority of the county, the state, or an authorized agent.

Homeless shelter means the provision of overnight housing and sleeping accommodations for one or more persons who have no permanent residence and are in need of temporary, short-term housing assistance, and in which may also be provided meals and social services including counseling services.

Home occupation means 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.

Hotel means a building offering overnight sleeping accommodations for travelers with ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all hours. Such use has 80 percent of the rooms occupied by a different registered guest every five days, provides patrons with daily maid service, 24-hour desk/counter clerk service, and a telephone switchboard service to receive incoming/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.

Illuminance means a man-made structure, surface, or material which prevents the infiltration of stormwater into the ground below the structure, surface, or material. Examples are buildings, roads, driveways, parking lots, decks, swimming pools, or patios.

Impervious surface ratio (ISR). The impervious surface ratio equals the total area of impervious surfaces divided by the net area (excluding the right-of-way of any public or private road) of the lot.

Industrialized home means 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 pans 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, 1982 Ga. Laws 1982, pp. 1637—1643 (O.C.G.A. §§ 8-2-110—8-2-121).

Industrial use means activities that involve manufacturing, processing, fabrication, assembly, freight, handling, or similar operations, provided the operation of such use complies with all standards and limitations listed herein for the zone in which it is located.

Institution means a public or semipublic building occupied by a governmental entity, nonprofit corporation or nonprofit establishment for public use.

Isofootcandle plan means a site plan of a proposed development showing proposed outdoor illuminance with a series of isofootcandle lines that join points on a surface where the illuminance is the same.

Junk means wrecked or inoperative (whether repairable or not) motor vehicles, scrap copper, scrap brass, scrap rope, scrap glass, scrap rags, scrap metal, scrap paper, scrap batteries, scrap appliance, scrap beds and bedding, scrap rubber, scrap tires, scrap motor vehicle pans, scrap furniture, scrap wood, scrap building materials, scrap tools or other used materials that have been abandoned from their original use but may or may not be used again in their present form or in a new form.

Junkyard means any such use involving the storage of disassembly of wrecked automobiles, trucks, or their vehicles; storage, baling or otherwise dealing in bones, animal hides, scrap metal, commercial/residential appliances, used paper, used cloth, used plumbing fixtures and use brick, wood or other building materials. Such uses shall be considered junkyards whether or not all or part of such operations are conducted inside a building or in conjunction with, addition to, or accessory to other uses of the premises. A junkyard shall be presumed to exist if two or more inoperative motor vehicles are maintained for more than 45 days, except vehicles being held pursuant to a law enforcement agency impoundment; however, this presumption may be rebutted if no part of the motor vehicle is outside of a completely enclosed building and no part of the motor vehicle can be viewed from any portion of any adjoining property, road, or street.

Kindergarten means any premises or portion thereof used for educational work or parental care of children of less than the age required for enrollment in the public or private school system.

Land disturbing activity means any grading, scraping, excavating, or filling of land, clearing of vegetation; and any construction, rebuilding, or alteration of a structure. The term "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.

Light trespass means the shining of light produced by a luminaire beyond the boundaries of the property on which it is located.

Lot means a portion or parcel of land separated from other portions or parcels by a legal subdivision process based on an approved subdivision plat of record and intended for use, transfer of ownership, or for building development.

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

Lot, flag means a lot that sits behind lots which face directly onto a street with access provided to the bulk of the lot by means of a narrow corridor, whether providing the minimum amount of street frontage and width or not.

Lot, frontage means the length of the front lot line measured at the right-of-way line for the abutting street,

Lot of record means a lot which exists prior to the adoption or subsequent amendment of the Ordinance from which this chapter is derived, as shown or described on a plat or deed in the records of the local registry of deeds.

Lot, through means a lot other than a corner lot abutting two streets.

Lot width means the width of the lot at the front building setback line.

Luminaire means a complete lighting system, including a lamp or lamps and a fixture. This term shall be interpreted broadly as applying to all outdoor electrically powered illuminating devices, outdoor lighting or reflective surfaces, lamps and similar devices, permanently installed or portable, used for illumination or advertisement.

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 which 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 in the structure.

Mayor and city council means the Mayor and City Council for the City of Jasper, Georgia. May also be referred to as city council or council.

Mobile office means a factory fabricated structure designed to be transported on its own wheels, detachable wheels, flatbed or trailer and used or intended to be used or occupied for the transportation of business or the rendering of a professional service.

Modular home means any structure which meets the requirements of 24 C.F.R. § 3282.12(b) and the certification requirements of 24 C.F.R. § 3282.12(c), (d) and (e).

Motel means 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 80 percent of the rooms occupied by a different registered guest every five days, provides patrons with daily maid service, 24-hour desk/counter clerk service, and a telephone switchboard service to receive incoming/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.

Multifamily dwelling. See "dwelling, multifamily."

Neighborhood center means a building or facility used to provide recreational, social, educational and cultural activities for an area of community, which is owned and operated by the management agency of that community, or the homeowners' association of that community. A community can be an incorporated area, a developed subdivision, or a planned development.

New construction means any structure for which the start of construction commenced on or after the effective date of the ordinance from which this chapter is derived.

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

Nursery school. See "kindergarten."

Nursing home means an establishment providing inpatient, skilled nursing and rehabilitative services to patients who require health care but not hospital services. Care is ordered by and under the direction of a physician.

Official zoning map means the zoning map adopted by reference with the zoning ordinance, signed by the mayor, attested to by the city clerk, and on file in the office of the city clerk, as amended per the provisions of this zoning ordinance.

On-site sewerage management system. See "sewerage management system, on-site."

Outdoor lighting means the nighttime illumination of an outside area or object by any man-made device located outdoors that produces light by any means.

Open space means any parcel or area of land or water that is undeveloped land, a naturally landscaped area, or programmed spaces that is set aside, dedicated, or reserved for the enjoyment of property owners, occupants, property guests, and/or the general public for recreational or conservational purposes.

Parking area means an open, unoccupied space used or required for temporary parking of vehicles exclusively and in which no gasoline or vehicular accessories are sold or no other business is conducted.

Parking lot means an open area used exclusively for the temporary storage of motor vehicles and within which motor fuels and oils may be sold and fees charged, but no vehicles are to be equipped, repaired, or sold.

Parking space means a space, enclosed or unenclosed, permanently reserved for the temporary storage of one vehicle and having access to a street or alley.

Perennial stream means a stream or section of a river/stream that flows continuously throughout the whole year.

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

Personal care home means 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 one or more personal services, including watchful oversight, for two or more adults who are not related to the owner or administrator by blood or marriage. "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. Personal care homes cannot provide nursing or other medical services, with the exception that those services defined specifically as "personal services" may be conducted by nurses or other appropriate medical personnel or admit and retain residents who need continuous medical or nursing care.

Community personal care home means a personal care home that offers care to eight or more persons.

Family personal care home means a personal care home that offers care to at least one but not more than four persons.

Group personal care home means a personal care home that offers care to at least five but not more than seven persons. The term "personal care home/facility" does not include buildings which are devoted to independent living units which include kitchen facilities in which residents have the option of preparing and serving some or all of their own meals or boarding facilities which do not provide personal care.

Pervious surface means any material or surface which does not impede the infiltration of stormwater into the soil beneath such material or surface, i.e., material or surface through which water can run. Gardens, forests, vegetated areas, permeable concrete, and permeable asphalt are examples of pervious surfaces.

Place of worship 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 County tax assessor.

Planning commission means the City of Jasper Planning Commission.

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

Premises means a lot, together with all buildings and structures existing thereon.

Principal building means a building in which is conducted the main or principal use of the lot in which said building is situated.

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

Private land means all lands and buildings not owned by government.

Public recreational park means any park, playground, baseball field, tennis court, softball field, basketball court, ball field, bicycle area including mountain bike trails and paths, green space or green place owned and operated by the City of Jasper, Georgia, and to which the general public has access and a right to frequent for business, entertainment, recreation, or for other lawful purposes, and which has been either deeded to or dedicated to public use or ownership. The term "public recreational park" also includes any building, structure, or improvement owned and operated by the City of Jasper, Georgia for recreational purposes and includes but is not limited to indoor recreational facilities, skateboard areas, and any public sidewalks abutting any park, playground, or place described in this definition.

Recorded plat means a plat recorded in the office of the clerk of superior court of the county.

Recreational vehicle means a vehicle that is built on a single chassis; 400 square feet or less when measured at the largest horizontal projection; designed to be self-propelled or permanently towable by a light duty vehicle; and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use or any landscape utility trailers, horse trailers, storage trailers, campers, fifth-wheel trailers, travel trailers, pop-up campers, transport trailers, mobile offices, and boat trailers.

Redevelopment means any project which increases gross floor area by 50 percent or more, or any project where the cost of remodeling is greater than the assessed value of the existing site improvements as shown on the applicable county assessment and taxation records for the current year.

Retaining wall means any structure constructed and erected between lands of different elevations to protect structures and/or to prevent erosion.

Right-of-way means an area or strip of land, either public or private, on which a right of use has been recorded. A right-of-way, as distinguished from an easement, is owned in fee simple title by the city or other government, a duly organized homeowners' or property owners' association, or any other person.

Right-of-way line means the dividing line between a lot, tract, or parcel of land and a contiguous right-of-way.

Rooming house means a dwelling, permanently occupied by the owner or operator, where only sleeping accommodation is provided for three or more permanent occupants not of the same family by prearrangement for definite periods and for compensation and which makes no provision for cooking in any of the occupied rooms.

Safety lighting means exterior lighting that involves ensuring proper levels of illumination to provide safe working conditions, safe passage, and the identification of outdoor hazards.

Senior housing (also known as active adult living housing) means a residential facility that is constructed, substantially rehabilitated, or substantially renovated for the purpose of housing persons aged 55 years or older.

Service station means any building, structure, or land use primarily for the dispensing, sale, or offering for sale at retail any automobile fuels, oils, or accessories, but not including major repair work such as motor overhaul, body and fender repair or spray painting.

Setback means 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 chapter.

Sewerage management system, on-site means a septic tank, seepage tile sewage disposal system or any other sewerage management system other than a public or community sewerage system, serving single or multiple buildings, residences or other facilities designed for human occupancy or congregation, as approved by the county board of health.

Sewerage treatment system, public means a municipal or community sewerage treatment system, including pipelines or conduits, pumping station, force mains and all other constructions, devices, and appliances appurtenant thereto, designed for treating or conducting sewerage for treatment and disposal into lakes, streams or other bodies of surface water.

Shopping center means a group of two or more commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements.

Sign means 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. Story means that portion of a building between the surface of a floor and the surface of the floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling.

Special use means a use not ordinarily permitted but which may be permitted upon additional review based on the particular characteristics of the proposed use and property and surrounding properties related to the promotion of the public health, safety, morals, or general welfare. This additional review is designed to minimize the negative impact on the surrounding properties and value. A special use must be approved as specified through the special use permit requirements of division 8.4. Since a special use is not ordinarily permitted, and only allowed after approval of the requirements of division 8.4 as provided herein, the decision to allow a special use is a legislative decision by the mayor and council.

Spite strip means a piece of land used to separate a street or road rights-of-way from adjoining property and whose primary purpose is to preclude access to such rights-of-way.

Story, half means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use. A half-story containing independent apartment or living quarters shall be counted as a full story.

Stream bank means the rising ground, bordering a stream, which serves to confine the water to the natural channel during the normal course of flow.

Street means a public or private vehicular transportation route and which affords the principal means of access to abutting property however designated as a street, highway, thoroughfare, parkway, road, avenue, or boulevard.

(a)

Minor or local street means street used primarily for access to the abutting properties and serving travel demands in the immediate area.

(b)

Collector streets means streets bringing traffic to arterials or interconnecting arterials. They provide for relatively easy movement at moderate speeds from homes and businesses to arterials.

(c)

Thoroughfare or arterial streets means streets which function to move high volumes of traffic between principal traffic generators (such as residential, commercial, and industrial sectors) at moderate speeds and with minimum conflict to movements.

Structure means anything constructed or erected, the use of which requires a location on the ground, or attached to something having a location on the ground, including, but not limited to, buildings, signs, billboards, backstops for tennis courts, fences, radio and water towers, grain and feed elevators.

Subdivision means the division, redivision, or separation of one parcel of land into two or more parcels, lots, building sites, or other divisions of land whether for the purpose of sale, legacy, or building development.

Supportive living means four or more dwelling units in a single building or group of buildings that are designed for independent living for persons with disabilities of any kind and in which are provided supportive services to the residents of the complex but which supportive services do not constitute continuous 24-hour watchful oversight, and that does not require licensure as a personal care home by the Office of Regulatory Services of the State of Georgia Department of Human Resources.

Tower, telecommunications means any physical component utilized in the provision of all types of telecommunications services, including all telecommunication support structures, alternative telecommunication support structures, antennas, equipment, infrastructure apparatus, base support mechanism, accessory equipment, towers, monopoles, small cell installations, and physical attachments necessary for the provision of such telecommunications services.

(a)

Freestanding structure means any freestanding structure that is designed to support or capable of supporting and constructed primarily for the purpose of supporting telecommunication equipment; this term shall include self-supporting, guyed, and monopole support structures. The term includes, and is not limited to, radio and television transmission telecommunication support structures, microwave telecommunication support structures, common-carrier telecommunication support structures, cellular telecommunication support structures, man-made trees, alternative telecommunication support structures, and other similar structures.

(b)

Co-location means the placement or installation of a new antenna, including new small cell wireless technology on the property of a legally existing tower, structure, or building, or, if on a right-of-way, that of a utility or other franchisee legally existing in the public right-of-way. Such term includes the placement of accessory equipment within an existing equipment compound.

(c)

Alternative telecommunication support structure means clock telecommunication support structures, bell telecommunication support structures, church steeples, light/power poles, electric transmission telecommunication support structures, man-made trees and similar natural or man-made alternative-design mounting structures that camouflage or conceal the presence of antennas or telecommunication support structures. An alternative telecommunication support structure may include a pre-existing building.

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 by approved fire-resistant party 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 with no access between adjoining units.

Trailer means any non-motorized vehicle or wheeled attachment designed to be towable and intended to be used as a mobile home. Vehicles or trailers defined as recreational vehicles are not considered trailers.

Transitional housing facility means the provision of long-term but not permanent living accommodations for more than six persons who have no permanent residence and are in need of long-term housing assistance as licensed and regulated by the Georgia Department of Community Supervision.

Tree means a woody perennial plant having a single (usually elongate) main stem including, but not limited to, a shrub or vine of arborescent form.

Universal design means a method of design that allows aging in place by creating an environment that can be used by everyone, regardless of age or physical condition.

Utility means public or private water or sewer piping systems, water or sewer pumping stations, electric power lines, fuel pipelines, telephone lines, roads, driveways, bridges, river/lake access facilities, stormwater systems and railroads or other utilities identified by a local government.

Vape shop means any business whose principal product line for retail sale is alternative nicotine products or vape juice or both. For the purposes of this chapter, alternative nicotine products refer to any products or devices that employ an electronic heating element, power source, electronic circuit, battery, or other electronic, chemical or mechanical means to produce a vapor that delivers nicotine to the person inhaling from the device, including electronic cigarettes, electronic cigars, electronic hookahs, electronic bongs, and electronic pipes, whether manufactured, distributed, marketed, or sold as an electronic cigarette, electronic cigar or electronic pipe. For the purposes of this chapter vape juice refers to any liquid that contains compounds containing pharmaceutical grade vegetable glycerin, propylene glycol, nicotine, food grade flavoring, and water, and can be used for vaping by means as an alternative nicotine product. For the purposes of this chapter, "principal" shall mean that alternative nicotine products, vape juice, or both constitute at least 25 percent of the business's aggregate retail sales.

Water system, public means a system, owned and operated by a city, county, or a legislatively-created authority, for the provision to the public of piped water for human consumption, if such system has at least 15 service connections, or regularly serves an average of at least 25 individuals daily, at least 60 days out of the year in accordance with the Rules of Georgia Department of Natural Resources, Environmental Protection Division, Rules for Safe Drinking Water (Ga. Comp. Rules and Regs. 391-3-5 et seq.).

Wetlands means areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. The ecological parameters for designating wetlands include hydric soils, hydrological vegetation, and hydrological conditions that involve a temporary or permanent source of water to cause soil saturation.

Wine means any alcoholic beverage containing not more than 21 percent alcohol by volume, which is made from fruits, berries or grapes, either by natural fermentation or by natural fermentation with brandy added. The term "wine" includes, but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, special natural wines, rectified wines, etc. The term "wine" does not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. A liquid shall first be deemed to be a wine at the point in the manufacturing process when it conforms to this definition.

Wine specialty shop means a retail establishment which has both package sales of wine and limited consumption on the premises of wine or craft beers, cigars, and related merchandise as per the conditions of section 94-68, as amended.

Wing wall means a wall that is constructed and poured at the same time as the building foundation and is structurally a part of the building foundation. A wing wall is not a retaining wall

Yard means an open space on a lot situated between the principal building or use on the lot and a lot line and unoccupied by any structure except as otherwise provided herein.

Yard, front means an open, unoccupied space on the same lot with a principal building or use, extending the full width of the lot and located between the right-of-way line and the front line of the building projected to the side lines of the lot.

Yard, rear means an open space on the same lot with a principal building or use, unoccupied except by an accessory building or use, extending the full width of the lot and located between the rear line of the lot and the rear line of the building or use projected to the side lines of the lot.

Yard, side means an open, unoccupied space on the same lot with a principal building or use, located between the building or use 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.

Zone, overlay means a district which applies supplementary regulations to land which is classified into a specific zoning district.

Zoning means the power of the city to provide within its territorial boundaries for the zoning of property for various uses and the prohibition of other or different uses within such zones or districts and for the regulation of development and the improvement of real estate within such zones.

Zoning official means the agent for, or the employee of the City of Jasper, Georgia, designated by resolution of the city council to be the Zoning Official for the City of Jasper, Georgia, and who shall perform the duties as set out within this zoning ordinance, including, but not limited to, enforcement of the zoning ordinance. The city council can designate the city manager, the mayor, or other proper agents, including, but not limited to, independent third party contractors to be the zoning official, and by way of the authorizing resolution authorize the designated agent to delegate one or more duties of the zoning official to an appropriate designee or designees.

Zoning ordinance means the zoning ordinance adopted by the Mayor and City Council of the City of Jasper, Georgia and updated pursuant to the process outlined herein.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021; Ord. No. 2021-13, § 2(b), 6-7-2021; Ord. No. 2022-12, § 1(b), 10-3-2022; Ord. No. 2023-07, § 1(a)(Exhs. 1—3), 6-5-2023)

(a)

Native understory street trees.

Acer barbatum Southern sugar maple.

Carpinus caroliniana Iron wood.

Cercis canadensis Eastern redbud.

Crataegus viridis "Winter king" hawthorn.

Nyssa sylvatica Black tupelo.

Ostrya virginiana Hop hornbeam.

(b)

Native overstory street trees.

Acer rubrum Red maple.

carya spp. Hickory.

Celtis laevigata Sugarberry.

Fraxinus spp. Ash.

Quercus alba White oak.

Quercus coccinea Scarlet oak.

Quercus falcata Southern red oak.

Quercus hemisphaerica Laurel oak.

Quercus nigra Water oak.

Quercus phellos Willow oak.

Quercus prinus Chestnut oak.

Quercus rubra Northern red oak.

Quercus shumardii Shumard oak.

Sabal palmetto palm.

(c)

Native and non-native trees for compacted urban soils.

Acer ginnala Amur maple.

Acer campestre Hedge maple

Acer negundo Boxelder (single stem forms).

Acer nigrum Black maple.

Acer platanoides Norway maple.

Acer rubrum Red maple.

Aceer saccharinum Silver maple (single stem forms).

Acer saccharum Sugar maple.

Alnus glutinosa European black alder.

Betula maximowicziana Monarch birch.

Betula nigra River birch.

Callistemon viminalis Eeeping bottlebrush.

Celtis occidentalis Hackberry.

Crataegus crus-galli Cockspur hawthorn.

Crataegus phaenopyrum Washington hawthorn.

Fraxinus excelsior Hesse European ash (plant only in non-EAB areas).

Fraxinus guadrangulata Blue ash (plant only in non-EAB areas).

Fraxinus pennsylvanica Green ash (plant only in non-EAB areas).

Fraxinus tomentosa Pumpkin ash (plant only in non-EAB areas).

Gleditsia triacanthos inermis Honeylocust.

Larix decidua European larch.

Melaleuca linariifolia Flaxleaf paperbark.

Nyssa sylvatica Sour gum.

Pinus flexilis Limber pine.

Pittosporum undulatum Victorian box.

Populus deltoides Cottonwood (single stem forms).

Quercus bicolor Swamp white oak.

Quercus macrocarpa Bur oak.

Quercus muehlenbergii Chinquapin oak.

Quercus palustris Pin oak (plant only in acidic areas).

Quercus rubrum Northern red oak.

Quercus shumardii Shumard oak.

Quercjus texana Texas red oak.

Salix nigra Black willow.

Taxodium distichum Baldcypress.

Thuja occidentalis Northern white cedar.

Tilia cordata linden (select "Greenspire Redmond" cultivars).

Ulmus americana American elm.

Ulmus japonica Japanese elm.

Ulmus parvifolia Lacebark elm.

(d)

Native evergreen trees.

Gordonia lasianthus Loblolly bay.

Ilex opaca American holly.

Ilex vomitoria Yaupon holly.

Magnolia virginiana Sweet bay magnolia.

Persea borbonia Redbay.

Pinus virginiana Virginia pine.

Prunus caroliniana Cherry laurel.

Juniperus virginiana Red cedar.

Magnolia grandiflora Southern magnolia.

pinus elliottii Slash pine.

Pinus palustris Longleaf pine.

Pinus strobus Eastern white pine.

Pinus taeda Loblolly pine.

Quercus hemisphaerica Laurel oak.

Quercus laurifolia Swamp laurel oak.

Quercus virginiana Live oak.

Sabal palmetto palm.

Tsuga canadensis Hemlock.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)