Except as specifically defined in this chapter, all words used in this title have their customary dictionary definitions. For the purpose of this title, certain words or terms used are defined as follows:

A.

Words used in the present tense include the future tense. Words used in the singular include the plural and words used in the plural include the singular.

B.

The words "shall" and "must" mean mandatory.

C.

The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.

D.

The word "lot" includes the word "plot", or "tract".

E.

The word "building" includes the word "structure."

F.

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."

G.

The word "city" shall refer to the City of McDonough.

H.

The word "director" shall refer to the director of community development and/or their designee.

I.

The word "mayor" shall refer to the Mayor and City Council of the City of McDonough and/or their designee.

J.

The term "BZA" shall refer to the board of zoning appeals.

K.

The term "PC" shall refer to the planning commission.

L.

The term "SUP" shall refer to a special use permit.

M.

The term "HPC" shall refer to the Historic Preservation Commission.

N.

The word "map" or "zoning map" means the "official zoning map" of the city.

O.

The term "zoning amendment" includes amending the zoning map.

P.

All measured distances shall be to the nearest whole foot.

(Ord. No. 25-01-02, § 1, 1-2-2025)

If a definition is missing or questionable, the director of community development shall be the final authority on any definition. for the purpose of this title, certain words or terms used are defined as follows:

Abandonment means the relinquishment of property or a cessation of the use of the property for a continuous period of one (1) year by the owner with neither transferring rights to the property to another owner nor resuming the use of the property.

Accessory use or building means a use or building customarily subordinate to the principal use or building and located on the same lot therewith.

Accessory dwelling unit (ADU) means a smaller, independent residential dwelling unit located on the same lot as a stand-alone (i.e., detached) single-family home. ADUs are also known as granny flats, in-law units, backyard cottages, and secondary units.

Adult day care facility means adult day care facilities shall include any building or portion thereof used to house six (6) or more adults requiring care, maintenance, and supervision of persons eighteen (18) years old or older for less than twenty-four (24) hours per day.

Age-restricted housing refers to communities that are designed for people fifty-five (55) and older. At least eighty (80) percent of the units must be occupied by someone fifty-five (55) or older, and the community must have policies to enforce this. These communities often have restrictions on when people under eighteen (18) can use amenities.

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

Amenity area means a common area or areas within the lands which are provided for the exclusive use of residents of a building for recreation or social purposes.

Apartment means one (1) or more rooms in an apartment building, with private bath and kitchen facilities or combination living space and commercial building, arranged, intended, designed, or occupied on a rental basis as a dwelling unit for a single family, an individual, or a group of individuals.

Apartment building means a multi-family housing structure designed and constructed to accommodate three (3) or more dwelling units with independent cooking and bathroom facilities.

Applicant means the owner, owners, or legal representative of real estate who makes application for action affecting the real estate owned thereby.

Application means the application for, and all accompanying documents and exhibits required of a petitioner by an approving authority for a development review process.

Art use means creation or assembly of visual art, including two- and three-dimensional works of fine art or craft, or other fine art objects created or assembled for purposes of sale, display, commission, or trade by artists or artisans. Art use may also include classes held for art instruction.

Art/artisan gallery means an establishment that engages in the sale, loan or display of paintings, sculptures, photographs, video art or other works of art. "Art gallery" does not include a cultural facility such as a library, museum or non-commercial gallery that may also display works of art or an arts studio.

Artist means a person who practices one (1) of the fine arts, design, graphic, musical, literary, computer, or performing arts; or a person whose profession relies on application of these skills to produce a creative product. The term includes, but is not limited to, individuals who practice visual arts, such as painters, print makers, illustrators, sculptors, potters, jewelry makers, glass makers, craft artists and photographers; performing arts, such as musicians, composers, playwrights, choreographers and dancers; literary arts, such as creative writers and literary translators; architecture and design, such as architects, landscape architects, engineers, urban designers and planners, interior designers and decorators, industrial designers, graphic designers and fashion designers; and media arts, such as filmmakers, video and audio artists and web-based designers.

Assisted living facility means a state licensed use in which domiciliary care is provided to adults (eighteen (18) years or older) who are provided with food, shelter and personal services within independent living units which include kitchen facilities in which residents have the option of preparing and serving some or all of their own meals. This use shall not include hospitals, convalescent centers, nursing homes, hospices, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

Attached building means a building that is structurally connected to another building by a foundation, wall, or roof line. Carports, garages, porch awnings and the like shall be considered attached buildings.

Automobile means a self-propelled, free-moving vehicle with four (4) wheels, usually used to transport not more than six (6) passengers and licensed by the appropriate state agency as a passenger vehicle.

Automobile collision service means a business where body, frame, or fender straightening or repairs; and overall painting of vehicles is performed.

Automobile repair, major means a business where engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame, or fender straightening or repair; and overall painting of vehicles is performed.

Automobile repair, minor means a business that conducts repairs other than major repair including engine tune-up, muffler shops, shock absorber replacement shops, undercoating shops, and tire stores.

Automobile sales and service means the use of any building, land area, or other premises for the display and sale of new or used automobiles, generally, but may include light trucks or vans, trailers, or recreational vehicles and including any vehicle preparation or repair work conducted as an accessory use.

Automobile wash means any building or premises or portions thereof used for washing automobiles. The facility for washing automobiles may be self-service, semi-automatic, or automatic application of cleaner, brushes, rinse water, and heat for drying.

Autonomous vehicle means self-driving, free moving vehicle with four (4) wheels, including a combination of hardware and software, remote and/or on-board, that has the capability to drive a vehicle without active physical control or monitoring by a human operator.

Basement means a story partly underground but having more than one-half of its clear height below finished grade.

Bed and breakfast facility means an individual owner-occupied residence containing no more than six (6) guest rooms for hire, for lodging by prearrangement for periods not to exceed three (3) consecutive weeks and providing for occasional meals daily (usually breakfast) and not a hotel, boarding, lodging house, or motel.

Boarding house means a building, where for compensation, both lodging and meals are provided for not more than twenty (20) persons, provided that a single-family dwelling shall not be deemed to be a boarding house by reason of a contribution to or expense sharing arrangement with the owner or tenant occupying the dwelling by a person related by blood or marriage. For purposes of this code, a hotel, motel, halfway house, rooming house, group home, educational dormitory, or nursing home shall not be deemed a "boarding house."

Brewpub limited means a commercial business which conducts the retail sale of beer (malt beverages with alcohol content as defined by federal law) which is brewed on the premises for on-site consumption in compliance with applicable state and federal laws.

Buffer strip means that portion of a lot set aside for open space and/or visual screening purposes, pursuant to applicable provisions of this title, to separate different use districts, or to separate uses on one (1) property from uses on another property of the same use district or a different use district.

Building means any structure attached to the ground having a roof supported by columns or by walls and intended for shelter, housing or enclosure of persons, animals or personal property.

Building code means the International Building Code pursuant to O.C.G.A. § 8-2-20.

Building height means the vertical distance between the "ground" and the level of the highest point of the roof surface of a flat roof, the deck line of a mansard roof, and to the mean height level between eaves and ridge of a gable, hip or gambrel roof. For the purpose of measuring building height, the "ground" level is the highest of the following three (3) levels: curb level; established or mean street grade if no curb exists; or the average existing ground level adjoining the building if the building is setback more than ten (10) feet from the street line.

Building inspector means the person or persons charged with the responsibility of issuing building permits, inspecting buildings, and issuing certificates of occupancy. This person is certified by the state or the International Code Council (ICC) in one (1) or more disciplines; a residential or commercial building inspector, a plumbing, electrical or mechanical inspector or other specialty to inspect structures at different stages of completion.

Building permit means a permit allowing a person, firm, or corporation to erect, construct, enlarge, alter, repair, relocate, improve, remove, convert, or demolish any building or structure or before starting any construction, excavation, or work within a subdivision within its jurisdiction, or the pursuit of changes to the condition of land.

Building, principal. "Principal building" means a building in which the principal use of the lot is conducted on which such a building is situated. In any residential district, any structure containing a dwelling unit shall be defined as the principal building on the plot on which same is situated.

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

Business means the engaging in the purchase, sale, barter, or exchange of goods, wares, merchandise, or services; an occupation, employment, or enterprise which occupies time, attention, labor, and materials; or the maintenance or operation of offices, recreational, or amusement enterprises.

Caliper means the diameter of thickness of the trunk of a young tree or sapling measured at six (6) inches above the top of the root mass. This measurement is used for nursery-grown trees having a diameter of less than six (6) inches.

Canopy means a permanent roof-like structure projecting from a building and open on at least one (1) side for the purpose of shielding a pedestrian walkway from the elements, or a freestanding roof-like structure supported by columns intended to shield a vehicular driveway or service area from the elements.

Carport means an open-sided roofed automobile shelter, formed by extension of the roof from the side of a building.

Center line of street means the line surveyed and monumented by the City or Georgia Department of Transportation; if a center line has not been surveyed and monumented, it shall be that line running midway between the outside curbs or ditches of the street.

Church: See "place of worship."

Club or lodge, private means an association of persons, who are bona fide members paying annual dues, which owns, hires, or leases a building or portion thereof; the use of such premises being restricted to members and their guests.

Commercial vehicle means any truck or similar motorized mechanism designed to transport individuals or goods which is powered by an engine, and which is licensed by applicable governmental authorities as a commercial motor vehicle.

Community development director or director means the managing official or designee that directs, manages, and oversees the activities and operations of the community development department, including all city planning, building safety, and code enforcement; coordinate assigned activities with other city departments and outside agencies.

Comprehensive plan means the official adopted comprehensive plan pursuant to the Georgia Planning Act of 1989 that includes goals, objectives, and strategies for land use, growth management, transportation or thoroughfares, community facilities and services, environment concerns, infrastructure, aesthetics and identity, economic development, and parks and recreation.

Comprehensive transportation plan means the official adopted plan adopted as part of the Henry County Comprehensive Plan, as subsequently amended, which includes a street plan, sets forth the location, alignment, dimensions, identification, and classification of existing and proposed streets, and other thoroughfares.

Condition of approval means stipulations or provisions that are provided above and beyond the minimum requirements that are set forth as a prerequisite for the approval of an application.

Condominium means real estate lawfully subject to the Georgia Condominium Act, O.C.G.A. § 44-30-70 et seq. by the recordation of condominium instruments, in which undivided interests in the common areas and facilities are vested in the condominium unit owners.

Covenants means private and legal restrictions of various kinds on the usage of lots, typically within a subdivision and applied by the subdivider and/or developer, that are recorded with the plat and deed.

Cul-de-sac means the turnaround at the end of a dead-end street.

Curb cut means any interruption or break in the line of a street curb for the purpose of connecting a driveway to a street, or otherwise to provide vehicular access to abutting property.

Day care center means as defined by Rules and Regulations of the Georgia Department of Human Resources and for the purposes of the zoning ordinance, any place operated by a person, society, cooperation, institution, or group wherein are received for pay for group care, for fewer than twenty-four (24) hours per day without transfer of legal custody, having nineteen (19) or more children under eighteen (18) years of age, and which is required to be licensed by both the City of McDonough and the Georgia Department of Human Resources.

Decorative wall means a masonry wall consisting of brick, stone or similar materials as approved by the director and constructed with a design that includes specific pattern elements or ornamentation.

Deciduous means a plant with foliage that drops or dies at the end of a growing season.

Detached building means a building that has no structural connection with the principal building.

Development means new construction and any reconstruction, relocation, alteration, remodeling, or renovation of structures.

Diameter breast height (DBH) means the standard measure of tree size for trees six (6) inches or greater in caliper existing on a site. The tree trunk is measured at a height of four and one-half (4½) feet above the ground, and if a tree splits into multiple trunks below that point, the trunk is measured at its most narrow point beneath the split.

Director means the director of the community development department.

Disabled. The term "disabled" shall have the same definition as "handicapped" as set forth in the Fair Housing Act, 42 U.S.C. § 3602(h), and shall mean:

a.

A physical or mental impairment which substantially limits one (1) or more of a person's major life activities;

b.

A record of having such impairment; or

c.

Being regarded as having such impairment, but such term does not include the current, illegal use or addiction to a controlled substance or the current addiction to alcohol.

Domestic pets means animals commonly used as household pets, protection, companions, and for the assistance of disabled persons. Domestic pets shall include, but not be limited to, dogs, cats, parakeets, parrots, finches, spiders, guinea pigs, hamsters, gerbils, rats, mice, rabbits, and aquarium fish.

Drainage easement means a grant by a property owner to specific persons, the general public, corporations, utilities, or others, for the purpose of transporting stormwater.

Drive-through means any facility that may be accessed directly by means of a motor vehicle for transacting business.

Driveway means an access-way connecting one (1) or more dwelling units and/or their parking spaces with a street.

Dwelling means a building or structure or portion thereof, conforming to all requirements applicable to the residential use districts of the zoning ordinance and Georgia Building Code used exclusively for residential occupancy, including single-family dwelling units, two-family dwelling units, and multifamily dwelling units, but excluding hotels, boarding houses, and lodging houses.

Dwelling, duplex means a residential building containing two (2) dwelling units designed for occupancy of not more than two (2) families. A duplex is limited to one-story only with a maximum of three (3) bedrooms or one thousand three hundred (1,300) square feet per unit.

Dwelling, "for-rent" in R-75 and R-60.

a.

Unit—A residential unit designed to be leased or rented and occupied by a single-family tenant and located in R-75 and R-60 "for rent" residential district.

b.

See Section 17.100.290.A, standards for developing for-rent residential units in R- 75 and R-60.

Dwelling, "for-rent" in RTD, residential townhouse district.

a.

Unit—A residential unit designed to be leased or rented and occupied by a single-family tenant.

b.

Building—A structure incorporating multiple rental units. (See "apartment".)

c.

See Section 17.100.290.B, standards for developing for-rent residential units in RTD, residential townhouse district.

Dwelling, "for-rent" in MU, mixed use.

a.

Unit—A residential unit designed to be leased or rented and occupied by a single-family tenant.

b.

Building—A structure incorporating multiple rental units. (See "apartment.")

c.

See Section 17.100.290.C, standards for developing for-rent residential units in MU, mixed use district.

Dwelling, "for-sale".

a.

Detached—A free-standing residential unit designed to be purchased and occupied by a single family.

b.

Townhouse—A residential unit attached to other residential units and designed to be purchased and occupied by a single family.

c.

Condominium—A type of property ownership in which a "for-sale" unit is purchased, and the purchaser of each unit acquires full title to the unit and an undivided interest in the common elements (the land, roof, elevator, etc.).

Dwelling, manufactured home means a dwelling unit built in a factory bearing a seal of compliance with Federal Manufactured Housing Construction and Safety Standards 42 U.S.C.A. 5401 et seq. and is installed and anchored on a permanent foundation and perimeter wall, according to the Georgia Manufactured Housing Code, as amended, and its pitched roof and siding are of materials customarily used for site constructed dwellings.

Dwelling, mobile home means a transportable dwelling unit manufactured prior to June 15, 1976, and not subject to the Federal Manufactured Housing Construction and Safety Standards 42 U.S.C.A. 5401 et seq.

Dwelling, multifamily. "Multifamily dwelling" means a building designed for or occupied exclusively by three (3) or more families with separate housekeeping facilities for each family.

Dwelling, quadraplex means a building divided into four (4) self-contained residences.

Dwelling, single-family. "Single-family dwelling" means a building designed or arranged to be occupied by one (1) family only.

Dwelling, triplex means a building divided into three (3) self-contained residences.

Dwelling, two-family means a residential building containing two (2) dwelling units designed for occupancy by not more than two (2) families.

Dwelling unit means a building, or portion thereof, designed, arranged and used for living quarters for one (1) family, but not including units in structures designed for transient residence.

Easement means a grant by a property owner to specific persons, the general public, corporations, utilities, governments, or others, for a specified purpose.

Electric vehicle charging station (EVCS) means structures, machinery, and equipment necessary and integral to support an EV, including battery chargers, rapid chargers, and battery exchange stations.

Entertainment, live means any musical act, including karaoke; theatrical act, including a play, revue or stand-up comedy; dance; magic act; disc jockey or similar activity performed live by one (1) or more persons, whether or not for compensation or an admission charge.

Erosion means the process by which land surface is worn away by the action of wind, water, ice, or gravity.

Erosion, construction is a term used to describe the impact of construction on the environment. Manmade structures such as roads, buildings, and bridges have led to a large amount of soil erosion in the U.S. and around the world. Aftereffects such as reduced plant growth and large sediment deposits in rivers or lakes have become unfortunate realities in the construction industry.

Evergreen means a plant with foliage that remains green year-round.

Façade means the exposed exterior walls of any structure.

Family means an individual, or two (2) or more people if related by blood, marriage, adoption, or guardianship and not more than four (4) unrelated people, occupying a single dwelling unit and using the same cooking facilities.

Family day care home means a residential home in which shelter, care, and supervision are provided for fewer than twenty-four (24) hours per day, without transfer of legal custody, having no more than six (6) children under eighteen (18) years of age who are not related to such individuals and whose parent or guardians are not residents in the same private residence. All family day care homes are required to be licensed by both the City of McDonough and the Georgia Department of Human Resources. All family day care homes shall meet the requirements of the adopted International Residential Building Code.

Fence, chain-link means a fence constructed of galvanized steel or similar materials as approved by the building inspector for the purpose of enclosing or securing an industrial use or other areas at the discretion of the director. Chain-link fences shall not include wire fences or fences of similar construction.

Fence, crossbuck means a type of post and rail fence with two (2) horizontal rails and two (2) boards in the middle that cross to form an "X" pattern.

Fence, decorative means a fence consisting of wrought iron, galvanized steel, aluminum, vinyl, wood, or similar materials fabricated into a design with specific pattern elements or ornamentation. Columns or support structures may consist of brick, stone or stucco that is architecturally consistent with the primary structure. All spaces in the fence shall be open and unobstructed and the fence shall not block vision to an extent greater than forty (40) percent. Ornamental fences shall not include chain-link or wire fences or fences of similar construction.

Fence, privacy means a fence constructed of wood that blocks vision to an extent greater than forty (40) percent for the purpose of obscuring or screening an area from public view.

Fence, rail means a fence constructed of wood, vinyl or similar materials and consisting of one (1) to four (4) horizontal rails connecting to vertical posts spaced a minimum of six (6) feet apart. All spaces in such fences shall be open and unobstructed and such fences shall not block vision to an extent greater than forty (40) percent.

Fence, temporary means a fence constructed of canvas, plastic, chain-link, wood, or similar material as approved by the director for the purpose of enclosing or securing an area for a maximum of one hundred eighty (180) days.

Fence, wall means a masonry wall consisting of brick, stone, or similar materials as approved by the director and constructed for the purpose of enclosing, obscuring, or screening an area from view.

Final plat means the final map, drawing or chart upon which the subdivider's as-built plan of subdivision is presented, and which, if approved, will be submitted for recording among the land records for Henry County.

Floodplain means the relatively flat area or low land adjoining the channel of a river or stream which has been or may be covered by flood water. The floodplain includes the channel, floodway, and floodway fringe. Floodplain boundaries are to be determined by using the floodway-flood boundary maps of the Federal Insurance Administration/Federal Emergency Management Administration.

Floodway means the channel of a river or stream and those portions of the floodplains adjoining the channel which are reasonably required to efficiently carry and discharge the peak flood flow of the regulatory flood of any river or stream.

Floor area means the sum of the gross horizontal areas of the several floors of the building enclosed by an exterior wall, excluding however, attic and basement floors, open porches, breezeways, and garages.

Floor area of a building (for determining off-street parking and loading requirements) means the sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to a specific use; including accessory storage areas located within selling or working space such as counters, racks, or closets; and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.

Floor area, finished means that portion of floor area constructed, completed, and usable for living purposes with normal living facilities which includes sleeping, dining, cooking, working, entertainment, common space living rooms, areas for personal hygiene, or combination thereof.

Floor area, ground means that portion of finished floor area located on the first (or nearest ground level) floor of the dwelling unit. The floor area of a primary structure does not include a garage, carport, deck, unfinished storage, patio, or open porch.

Food truck means a motorized vehicle or trailer drawn by a motorized vehicle used to prepare and sell food to the public directly from the vehicle or trailer.

Front yard means the horizontal space between the nearest foundation of a building to the front lot line, extending to the side lines of the lot, and measured as the shortest distance from that foundation to the front lot line.

Garage means a deck, building, or parking structure, or part thereof, used or intended to be used for the parking and storage of vehicles.

Golden ratio principle of design refers to a mathematical ratio, approximately equal to 1.618, that designers use to create visually appealing and balanced compositions by dividing elements within a design into parts where the ratio between the larger part and the smaller part is consistently 1.618, often considered aesthetically pleasing and naturally harmonious; it's also known as the "golden mean" or "divine proportion."

Grade means the average elevation of the ground on all sides of a building.

Grading means any land disturbing activity, including clearing, grubbing, stripping, cutting, filling, stockpiling, or any combination thereof, and shall include the land in its cut or filled condition.

Group day care home means a home wherein group care for not less than seven (7) nor more than eighteen (18) children under eighteen (18) years of age for less than twenty- four (24) hours without transfer of legal custody and which is required to be licensed by both the City of McDonough and the Georgia Department of Human Resources. All group day care homes shall meet the requirements of the adopted International Residential Building Code.

Group home means a dwelling unit or facility in which full-time residential care is provided for children under the age of seventeen (17) as a single housekeeping unit. The group residence may provide food, shelter, combination of personal care, social or counseling services and transportation. Bedroom suites shall not include kitchen facilities. The facility is required to be licensed by both the City of McDonough and the Georgia Department of Human Resources.

Group residence/shelter means a state licensed twenty-four-hour residential facility functioning as a single housekeeping unit for the sheltered care of persons with special needs which, in addition to providing food and shelter, may also provide some combination of personal care, social or counseling services and transportation. Bedroom suites shall not include kitchen facilities. For purposes of this chapter, group residence/shelter shall not include those facilities which exclusively care for children under the age of seventeen (17).

Half-way house means any building occupied by a group of not more than eight (8) unrelated individuals, provided that the majority of the occupants shall meet at least one (1) of the following criteria:

a.

Is on parole or probation, or has been ordered to reside in such type of facility as part of the criminal sentencing;

b.

Has been convicted of a felony and has completed his or her sentence;

c.

Is being treated at the facility for drug and/or alcohol dependency; or

d.

Is undergoing treatment for drug and/or alcohol rehabilitation.

Height means the vertical distance of a structure measured from the average elevation to the finished grade surrounding the structure of the highest point of the structure.

Home occupation means any use, occupation or activity conducted entirely within a dwelling by the residents thereof, which is clearly incidental and secondary to the use of the dwelling for residence purposes and does not change the character thereof, and in connection with which there is no display, no stock-in-trade nor commodity sold or stored in the premises, and no person not a resident on the premises is employed specifically in connection with the home occupation. Provided further that no mechanical equipment is installed or used except such as is normally used for domestic purposes, and that no more than fifteen (15) percent of the total heated floor space of any dwelling is used for such home occupation. Home occupation shall include the use of premises by a physician, dentist, lawyer, clergyman or other professional person for consultation or emergency treatment, but not for the general practice of the profession.

Homeowners' association (HOA) means a registered organization established to manage a residential community. The HOA enforces rules for the properties and its residents through a covenant. Generally responsible for maintaining the aesthetic and functional integrity of amenity and common areas.

Hospital means an institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment, or care for three (3) or more unrelated individuals suffering from illness, disease, injury, deformity, or other abnormal physical conditions. The term "hospital" does not apply to institutions operating primarily for the treatment of insane persons, drug addicts, alcoholics, and other types of cases necessitating restraint of patients, and the term "hospital" shall not include convalescent, nursing, shelter, or boarding homes.

Hotel means a building in which lodging, or board and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public. Compensation is usually assessed on a day-to-day basis.

Hotel, extended stay means a hotel or motel offering individual rooms or suites containing a kitchen area with facilities where cooking is permitted.

Infill means the development of vacant, or remnant lands passed over by previous development in the area.

Impervious surface means any material that prevents absorption of stormwater into the ground.

Industrial waste means solid waste generated by manufacturing or industrial processes or operations as defined in O.C.G.A. § 12-8-22.

Institutional facility for the developmentally disabled means a residential facility that provides care, supervision and protection and operates under a license issued under the Georgia Department of Human Resources; provides for delivery of mental health services that are appropriate to the needs of the individual; and complies with the rules adopted by the Georgia Department of Human Resources.

Junk yard means a place, usually outdoors, where waste or discarded property, other than organic matter, including, but not limited to, automobiles and farm implements and trucks, is accumulated and is or may be salvaged for reuse or resale; this shall not include any industrial scrap metal yard. The storage, dealing in or the permitting of the accumulation of significant quantities of combustible, organic or non-metal scrap materials such as, but not limited to, wood, paper, rags, garbage, tires, bones, and shattered glass on the premises of such an establishment will disqualify it from being classified as a scrap metal yard, and the same will be classified as a junk yard. A junk yard may be considered as a primary or accessory use.

Kennel means a place primarily for keeping four (4) or more adult dogs, or other small animals that are ordinarily bred for sale as pets. This includes a temporary care facility for compensation.

Kidney dialysis centers means an independent or hospital-based units/facilities, approved and licensed to furnish outpatient dialysis services (maintenance dialysis services, home dialysis training and support services or both) directly to end stage renal disease (ESRD) patient(s).

Kindergarten is a preschool educational approach based on playing, singing, practical activities such as drawing, and social interaction as part of the transition from home to school.

Land disturbing activity means any activity which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land.

Landscaping means the improvement of a lot with grass, shrubs, trees, and other vegetation and/or ornamental objects. Landscaping may include pedestrian walks, flower beds, berms, fountains, and other similar natural and man-made objects designed and arranged to produce an aesthetically pleasing effect.

Legal nonconforming fence or wall means a fence or wall which was legally erected or installed but is no longer in compliance with the provisions of this article. Such fences or walls must be located outside of any existing right-of-way and wholly upon the parcel to which they are associated.

Live-work-unit (LWU) means property(s) that combine residential and non-residential uses in either commercial or residentially zoned areas.

Living fence is a barrier made of living plants, such as trees, shrubs, or other vegetation.

Loading space means space logically and conveniently located for bulk pickups and deliveries, scaled to the size of delivery vehicles expected to be used.

Locally produced agricultural product means agricultural products grown within a fifty-mile radius of the farm stand premises or produce acquired from any food distribution organization run in the State of Georgia dedicated to procuring produce from sustainable family farms.

Lot means a contiguous area of land separated from other areas of land by separate description (including a recorded deed, a subdivision plat or record of survey map, or by metes and bounds) for purpose of sale, lease, transfer of ownership or separate use.

Lot, corner. "Corner lot" means a lot abutting the intersection of two (2) or more streets.

Lot, cul-de-sac means any lot which has any portion of its road frontage abutting a cul-de-sac.

Lot coverage means the area of a zoning lot occupied by the principal building and any accessory structures.

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

Lot, double frontage. "Double frontage lot" means any lot, other than a corner lot, which has frontage on two (2) streets.

Lot line, front. "Front lot line" means the front property line that abuts a public right-of-way.

Lot frontage means all property of a lot fronting on a street right-of-way or common, private drive, as measured between side lot lines.

Lot of record means a lot which is part of a subdivision, a plat of which has been recorded in the records of the clerk of superior court of Henry County; or a parcel of land, the deed of which has been recorded in the same office as of the effective date of this Title 17.

Lot width means the distance between side lot lines measured at the right-of-way, except that the width of a cul-de-sac lot shall be measured at the building setback line.

Lounge means a separate room connected with a part of an adjacent to a restaurant or located in a hotel, with all booths, stools and tables being unobstructed and open to view. All lounges shall be air conditioned and shall have a seating capacity for at least fifty (50) persons. A lounge that is operated on a different floor in the premises or in a separate building or that is not connected to or adjacent to a restaurant shall be considered a separate establishment and an additional license fee shall be paid therefore.

Major street means an existing or proposed street or highway designated as a major street on the official zoning map of the city.

Microbrewery means any establishment where malt beverages are produced or brewed, such as breweries and brewpubs.

Mobile home means a single-family dwelling unit equipped with wheels, skids or rollers, which may be mounted on a stationary foundation and is used or designed to be used for permanent living or sleeping quarters.

Mobile home park means any parcel of land upon which two (2) or more mobile homes occupied for dwelling purposes are located.

Motel means a building in which lodging, or board and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an external lobby or office supervised by a person in charge at all hours.

Motor vehicle means any passenger vehicle, truck, tractor, tractor-trailer, truck-trailer, trailer, or semi-trailer propelled or drawn by mechanical power.

Nightclub means an establishment having a capacity of at least one hundred (100) persons per the City of McDonough Fire Code, with all booths and tables unobstructed and open to view, dispensing alcoholic beverages and in which music, dancing or entertainment is conducted. All such establishments shall be equipped with air conditioning. The principal business of a nightclub shall be entertaining, and the serving of alcoholic beverages shall be incidental thereto.

Nonconforming building means a building, structure, or portion thereof, which was designed, erected, or structurally altered in accordance with the provisions of a current such that it does not conform to the regulations of the zoning district in which it is located.

Nonconforming lot of record means a lot that predates the zoning regulations and was created such that it does not conform to the regulations of the zoning district in which it is located.

Nonconforming sign means a sign or portion thereof, which was designed, erected, or structurally altered such that it does not conform to the regulations of the zoning district in which it is located.

Nonconforming use means any building or use of land or building lawfully existing at the effective date of this Title 17 or as a result of subsequent amendments to this Title 17, which does not conform with the provisions of the regulations for the district in which it is located.

Nursing home means a use in which domiciliary care is provided to three (3) or more convalescing, chronically or terminally ill non-family members who are provided with food, shelter and care. This use shall not include hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. Convalescent centers, nursing home and personal care home are further distinguished in administrative and conditional use provisions.

Open space means an area of land not covered by buildings, parking structures, or accessory uses except for recreational structures. Open space may include nature areas; streams and floodplains; meadows or open fields containing baseball, football, and soccer fields, golf courses, swimming pools, bicycle paths, etc. Open space does not include street rights-of-way, platted lot area, private yard, patio areas, or land scheduled for future development.

Outdoor storage means the outdoor accumulation of goods, junk, cars, buses, tractor trailers, railroad cars, equipment, products, or similar materials for permanent or temporary holding.

Overlay district means a zoning district that encompasses one (1) or more underlying zones and that imposes additional requirements above that required by the underlying zoning district.

Owner means any person, group, of persons, firm, corporation or corporations, or any other legal entity having legal title to the land.

Parking deck means a public or private structure, or a portion thereof composed of one (1) or more floors used exclusively for the parking of motor vehicles, whether public or private. A parking structure may be totally below grade (as in an underground parking garage) or either partially or totally above grade with those levels being either open or enclosed.

Parking lot means a group of parking spaces in an open area that may be of dirt, paved, or a hard surface not including any part of a street or alley, designed or used for temporary parking of motor vehicles.

Parking space means a location that is designated for parking a vehicle. It can be in a parking deck, in a parking lot, on a residential driveway, in a garage, or on a city street.

Person means a corporation, company, association, society, firm, partnership, organization, unit of government, or any other group that acts as a unit, as well as a natural person.

Personal care home means a residential dwelling or facility in which are provided two (2) or more beds and other facilities and services, including room, meals, and personal care for non-family ambulatory adults, as regulated by the State of Georgia Department of Human Resources and the City of McDonough. The term "personal care home" 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, nor does it include halfway houses, residential treatment facilities, nursing homes, sanitariums, hospitals, or other institutional facilities, or rooming or boarding facilities which do not provide personal care.

Place of assembly means a place of assembly is a structure, portion of a structure or area (either indoor or outdoor), designed primarily for people to gather to observe or participate in a single event or series of events.

Place of worship means any building, structure, or space where individuals or a group of people such as a congregation come to perform acts of devotion, veneration, or religious study. Temples, churches, mosques, and synagogues are examples of structures created for worship.

Porch means a roofed-over structure projecting out from the wall or walls of a main structure and commonly open to the weather in part.

Preliminary plat means the plan or map upon which the approval of a proposed subdivision is based on as described in this zoning ordinance, indicating the proposed layout of the subdivision to be submitted for approval.

Preschool, also known as nursery school, pre-primary school, play school or creche, is an educational establishment or learning space offering early childhood education to children before they begin compulsory education at primary school.

Primary building/structure means the building or structure in which the primary use of the lot or premises is located or conducted, with respect to residential uses, the primary building or structure shall be the main dwelling.

Primary care physician/dentist office means a specialist in family medicine, general internal medicine, dental or general pediatrics who provides definitive care to the undifferentiated patient at the point of first contact and takes continuing responsibility for providing the patient's comprehensive care.

Professional office means an office used by members of a recognized profession such as architects, artists, dentists, engineers, lawyers, musicians, physicians, surgeons or pharmacists, realtors, or insurance agents and brokers.

Public health center (immunizations, vital records, etc.) means a publicly owned facility for the provision of public health services, including related facilities such as laboratories, clinics, and administrative offices operated in connection with public health centers.

Public utility means any person, firm, or corporation duly authorized to furnish under public regulation to the public, electricity, gas, steam, telephone, fiber optics, transportation, water, or sewerage systems.

Radius, measurement of. The distance shall be measured in a straight line from the outer property line of the proposed business to the closest property boundary line of an existing similar business. (Ex. gas station to gas station, pawn shop to pawn shop, etc.)

Rear lot line means the lot line that is opposite the front lot line and farthest from it, except that for a triangular or other irregularly shaped lot, the line ten (10) feet long, parallel to the front lot line, and wholly within the lot, that is farthest from the lot line.

Rear yard means the horizontal space between the nearest foundation of a building to a rear lot line and that rear lot line, extending to the side lines of the lot, and measured as the shortest distance from the foundation to the rear lot line. The rear yard of a corner lot shall be that yard at the opposite end of the lot from the front yard.

Recreational vehicle means a vehicle which is built on a single chassis; four hundred (400) square feet or less when measured at the largest horizontal projections; designed to be self-propelled by a light duty truck; and designed primarily not for use as a permanent dwelling, but as quarters for recreational camping, travel, or seasonal use. A vehicle that is a temporary dwelling for travel, recreation, and vacation use.

Recycling center means a lot or parcel of land, with or without buildings, upon which used household good materials are separated and processed for shipment for eventual reuse in new products.

Registered land surveyor means a land surveyor properly licensed and registered through reciprocity permitted to practice in the State of Georgia.

Registered professional engineer means an engineer properly licensed and registered through reciprocity permitted to practice in the State of Georgia.

Residential facility for the developmentally disabled/mentally ill means a residential facility which provides residential services for persons with developmental disabilities or mental illnesses and such facility is licensed and regulated by the Georgia Department of Human Resources.

Restaurant means an establishment where food and drink are prepared, served, and consumed primarily within the principle building.

Restaurant drive-thru means an establishment where food and/or beverages are sold in a form ready for consumption, where all or significant portion of the consumption takes place or is designed to take place outside the confines of the restaurant, and where ordering and pick up of food may take place from an automobile.

Restaurant, walk-up means an establishment where food is served in the form of ready consumption, where all or significant portion of sales are handled through a service window, door or room which is not designated as a dining area.

Right-of-way means a strip of land acquired by reservation, dedication, prescription, or condemnation, and intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, and other similar uses.

Right-of-way width means the distance between property lines measured at right angles of the centerline of the street.

Road/street means any vehicular route that is an existing state, county, or municipal roadway; or is shown upon a plat approved pursuant to law. Road/street classifications are identified in the comprehensive transportation plan.

Road/street, private means vehicular streets and driveways which are wholly within private property except where they intersect with other streets within public rights-of-way and are maintained by the owner(s), and a road/street that has not been accepted by the city or other governmental entity.

Road/street, public means all property dedicated or intended for public highway, freeway, or roadway purpose or subject to public easements, therefore.

Rooming house means a building, other than a motel or hotel, where for compensation, lodging only is provided for not more than twenty (20) persons. For purposes of this code section a hotel, motel, halfway house, boarding house, group home, educational dormitory, or nursing home shall not be deemed a "rooming house."

School, public/private means a public or private institution which offers instruction in any of the branches of learning and study comparable to that taught in the public schools under the Georgia School Laws, including pre-kindergarten, kindergarten, elementary school, and junior and senior high schools, but excluding trade, business, or commercial schools.

School, vocational means a specialized instructional establishment that provides on-site training of business, commercial, and/ or trade skills, a specialized curriculum for special needs individuals, and/ or the arts.

Setback means the minimum horizontal distance between the wall of the building or foundation and a lot line or right-of-way.

Self-storage mini-warehouse means a building or group of buildings in a controlled- access and secured compound that contains varying sizes of individual, compartmentalized and controlled-access stalls or lockers for the storage of customers' goods or wares, and may include climate control.

Self-storage, multi-story climate controlled means a multi-story building or group of buildings designed to mirror a class "a" commercial office space in a controlled-access and secured compound that contains varying sizes of compartmentalized and controlled access stalls or lockers for storage which are climate control are climate controlled to protect valuables from extreme heat or cold.

Shopping center means a group of commercial establishments planned, developed, owned and managed as a unit with off-street parking provided on the property, and related in its location, size and type of shops to the trade area which the unit serves.

Side lot line means a lot boundary line other than a front or rear lot line.

Side yard means the horizontal space between the nearest foundation of a building to the side lot line and that side lot line, unoccupied other than by architectural appurtenances projecting not more than twenty-four (24) inches into that space; steps or terraces not higher than the level of the first floor of the building; and open lattice- enclosed fire escapes, fireproof outside stairways and balconies projecting not over twenty-four (24) inches into that space.

Smoke shop is a retail store that primarily sells tobacco products and accessories, and where the sale of other products is incidental.

Street means a dedicated or accepted public right-of-way which affords the principal means of access to abutting properties.

Street line means the dividing line between a lot, tract or parcel of land and a contiguous street.

Structure means a composition of materials to form a construction for use, occupancy, or orientation whether installed on, above, or below the surface of land or water.

Substation means an accessory use which serves as part or whole as an electrical generator transferring energy from one source to another. Also known as a high-voltage electric facility or support station.

Temporary use/structure means a land use or structure established for a limited and fixed period of time with the intent to discontinue such use or structure upon the expiration of the time period.

Tiny home means alternative single-family detached housing type which incorporates sustainable building materials on the building facades with a minimum floor area of four hundred (400) feet. This type of housing shall be permitted within a planned unit development which allows the flexibility of alternative housing and mixture of use within a comprehensive design.

Tobacco store is a store that primarily sells tobacco products and accessories, and where the sale of other products is incidental.

Townhouse means a multifamily dwelling consisting of three (3) or more attached dwelling units, separated from others by a fire rated wall extending from the basement to the roof, each of which has primary ground floor access to the outside.

Traffic calming device means a physical feature installed within a public or private street, designed to reduce vehicle speeds often near residential areas. Often used to narrow access and reduce speed for safety precautions. Devices such as speed tables, rumble strips, curb extensions, or other approved devices managed by the city's public works department.

Tree means any living, self-supporting woody or fibrous plant which normally obtains a diameter breast height of at least three (3) inches, and typically has one (1) main stem or trunk and many branches.

Urgent care centers means walk-in clinics that provide treatment for minor ailments and injuries outside of a traditional hospital-based or freestanding emergency department.

Use means the purposes of which land, building, or structure thereon is designed, arranged, or intended, or for which it is occupied, maintained, let, or leased.

Use, special permitted means a use that is designated by the zoning ordinance as being permitted in the district concerned if it meets special conditions, if found to be appropriate and upon application, is specifically authorized by the mayor and city council.

Use, primary means the main use of land or buildings as distinguished from an accessory use. A primary use may be either a permitted use or a special use.

Use, permitted means a use which may be lawfully established in a particular district(s), provided it conforms to all requirements, regulations, and performance standards, if any, of such district.

Vape shopmeans any business whose product line for retail sale includes alternative nicotine products and/or vapor products.

Variance means a specific approval granted by the board of zoning appeals in the manner prescribed by the zoning ordinance, to deviate from the development standards that the ordinance otherwise prescribes.

Vehicle means a device used as a mode of transportation of people and/or goods, including, but not limited to, automobiles, semi-tractor trailers, all types of trailers, snowmobiles, recreational vehicles, motorcycles and like devices.

Warehousing and distribution center means land and building facilities engaged in storage, wholesale, and distribution of manufactured products, supplies, data centers and equipment.

Wetland means an area that is inundated or saturated by surface or ground water at a frequency and duration that under normal circumstances supports a prevalence of hydrophytic vegetation.

Wireless telecommunications facility (WTF) means any unmanned facility established for the purpose of providing wireless transmission of voice, data, images, or other information including, but not limited to, cellular telephone service, personal communications service (PCS), and paging service. A telecommunication facility can consist of one (1) or more antennas and accessory equipment or one (1) base station.

Yard means a space on the same lot with a principal building, open, unoccupied and unobstructed by buildings or structures from ground to sky, except where encroachments and accessory buildings are expressly permitted.

Yard, front. "Front yard" means a yard extending across the front of a lot between the side yard lines and being the minimum horizontal distance between the street line and the principal building or any projections thereof other than projections of uncovered steps.

Yard, rear. "Rear yard" means a yard extending across the rear of a lot between the side lot lines and being the minimum horizontal distances between the rear of the principal building or any projections thereof other than the projections of uncovered steps.

Yard, side. "Side yard" means a yard between the main building and the side yard of the lot and extending from the front lot line to the rear yard and being the minimum horizontal distance between a side lot line and the side of the principal buildings or any projections thereto.

Zoning district means a section of the City of McDonough, Georgia for which uniform zoning regulations governing use, height, area, size, intensity of use of buildings and land, and open spaces about buildings, are established by the zoning ordinance.

Zoning map means a map of the City of McDonough, Georgia, that legally denotes the boundaries of zoning districts as they apply to the properties within the planning jurisdiction.

Zoning ordinances means an ordinance or resolution of a local government establishing procedures and zones or districts within its respective territorial boundaries which regulate the uses and development standards of property within such zones or districts. The term also includes the zoning map adopted in conjunction with a zoning ordinance which shows the zones and districts and zoning classifications of property therein O.C.G.A. § 36-66-3.

Zero lot line means the location of a building on a lot in such a manner that one (1) or more of the building's sides rest directly on a lot line.

(Ord. No. 25-01-02, § 1, 1-2-2025)