Interpretation of certain terms and words:

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

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.

The word "shall" is always mandatory.

The word "may" is permissive.

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

The word "lot" includes the word "plot" or "parcel."

The word "constructed" includes the words "erected," "built," "altered," "rebuilt," and "repaired."

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

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."

The word "map" or "zoning map" refers to the Official "Zoning Map of McRae-Helena, Georgia."

The term "Planning and Zoning Commission" refers to the McRae-Helena Planning and Zoning Commission of McRae-Helena, Georgia.

The term "City Clerk" refers to the City Clerk of McRae-Helena, Georgia, or authorized representative of that office.

The terms "Council" or "City Council" refer to the legally constituted and elected governing body of McRae-Helena, Georgia.

Definition of Terms:

1.

Accessory Use of Building: A use of building customarily incidental and subordinate to the principal use of building and located in the rear on the same lot with such principal use or building.

2.

Advertising Structure: Any structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign may be placed.

3.

Apartment: A room or group of rooms providing complete living quarters for occupancy by one (1) family and which is part of a residential building designed for occupancy by two (2) or more families.

4.

Apartment House: A building arranged, intended or redesigned to be occupied by three (3) or more families living independently of each other.

5.

Boarding or Rooming House: A dwelling other than a hotel or motel having one kitchen and used for the purpose of providing meals or lodging or both for compensation to persons other than members of the family occupying such dwellings.

6.

Buffer Strip, Planted: A strip of land along a property line reserved for screening purposes from adjoining properties or public rights-of-way and planted with trees and/or shrubs in such a manner as to provide such screening.

7.

Building: Any structure attached to the ground and intended for shelter, housing, or enclosure of persons, animals, or property of any kind.

8.

Building, Height of: The vertical distance from the grade to the highest point of the roof. Where no grade has been established the height of the building may be measured from the mean elevation of the finished lot at the front of the building. Where a building is located on sloping terrain, the height may be measured from the average ground level of the grade at the building's wall.

9.

Building Inspector: The person or persons appointed by the Mayor and Council and charged with the duty of enforcing the provisions of this chapter.

10.

Building Line: That line which represents the distance a building or structure must be set back from a lot boundary or a street right-of-way line according to the terms of this Ordinance. In all cases, the building lines of a lot shall be determined to run parallel to and set back the appropriate distance required within the district in which the lot is located from street right-of-way lines, street center lines, or other lot boundary lines, as appropriate, measured to the building wall, not roof overhang.

11.

Building, Main or Principal: The principal building on a lot or building site designed or used to accommodate the primary use to which the premises are devoted; where a permissible use involves more than one structure designed or used for the primary purpose, as in the case of group homes, each such permissible building on one (1) lot as defined by this chapter shall be construed as comprising a main building.

12.

Building Site: "Building site" means (i) the ground area of one (1) lot or (ii) the ground area of two (2) or more lots when used in combination for a building or group of buildings, together with all open spaces required by this chapter.

13.

Care Home: An orphanage, rest home, nursing home, convalescent home, boarding home for the aged, or similar use established to render domiciliary care, but not including facilities for the care of mental patients, epileptics, alcoholics, drug addicts and not including nursery schools.

14.

Center Line of Street: The center line of a street is the line surveyed and monumented by the governing body as such, or 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.

15.

Clinic: A clinic is an establishment where patients who are not lodged overnight are admitted for examination and treatment by one person or group of persons practicing any form of healing or health services to individuals, whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, optometrists, dentists or any such profession the practice of which is lawful in the State of Georgia.

16.

Club, Private or Lodge: Building and facilities owned and operated by a corporation or association of persons for social or recreational purposes, but not operated primarily for profit or to render a service which is customarily carried on as a business.

17.

Condominium and Cooperative Apartment: For the purpose of this ordinance a condominium or cooperative apartment shall be defined as Multiple Family Dwelling (R3).

18.

Curb Cut: The providing of ingress and/or egress between property and an abutting public street.

19.

Dwelling: A building designed or used for permanent living quarters for one (1) or more families.

20.

Dwelling, Single Family: A building designed for or occupied exclusively by one (1) family.

21.

Dwelling, Duplex: A building designed for or occupied exclusively by two (2) families with separate housekeeping or cooking facilities for each family, but does not include hotels or motels.

22.

Dwelling, Multiple Family: A building designed for or occupied exclusively by three (3) or more families, with separate housekeeping and cooking facilities for each family.

23.

Dwelling, Townhouse: A single family dwelling unit located on a lot no less than eighteen (18) feet in width. Townhouses may have a common fireproof wall with an adjoining townhouse or free standing walls may be abutted together (See Article IX).

24.

Family: One (1) or more persons occupying a dwelling unit and living as a single housekeeping unit.

25.

Garage Apartment: An accessory building not a part of or attached to the main building, a portion of which contains living quarters for not more than one (1) family and an enclosed space for at least one (1) automobile.

26.

Home Occupation: An occupation or activity and the retail sale of the products of such activity, if any, only when such occupation or activity takes place in the same building used as a private residence and is conducted by residents only. Such activity shall be confined to twenty-five (25) percent of the floor area of the residence. Specifically excluded is the storage and display of merchandise not produced by such home occupation, any activity involving any building alterations, window display, construction features, equipment, machinery or outdoor storage, any of which is visible from off the lot on which located. Home occupations shall not be construed to include barber shops, beauty salons, tearooms, food processing, restaurants, sale of antiques, commercial kennels, real estate offices or insurance offices.

27.

Hospital: Any institution receiving inpatients, or a public institution receiving outpatients, and authorized under Georgia law to render medical, surgical, and/or obstetrical care. The term "hospital" shall include a sanitarium for the treatment and care of senile psychotics or drug addicts, but shall not include office facilities for the private practice of medicine or dentistry.

28.

Hospital-Small Animal: "Small animal hospital" means an establishment in which veterinary services, clipping, bathing, boarding and other services are rendered to dogs, cats, and other small animals and domestic pets.

29.

Junk Yard: Any land or building, used for the abandonment, storage, keeping, collecting, or baling of paper, rags, scrap metals, other scrap or discarded materials, or for the abandonment, demolition, dismantling, storage, or salvaging of automobiles or other vehicles not in running condition, machinery, or parts thereof.

30.

Kennel: Any lot or premises on which three (3) or more dogs, four (4) months or older, are kept either permanently or temporarily for purpose of sale, care, breeding or training for which any fee is charged.

31.

Living Area, Dwelling Unit: A space within the confines of the structure which is completely enclosed by masonry, wood, or glass and is habitable year round. Garages, carports and utility rooms are excluded from the living area.

32.

Lot: A parcel of land occupied or capable of being occupied by one (1) or more buildings and the accessory buildings or uses customarily incidental to it, including such open spaces as are required by this ordinance.

33.

Lot, Corner: A parcel of land at the junction of and fronting on two (2) or more intersecting streets.

34.

Lot, Depth: The depth of a lot is the distance measured in a mean direction of the side lines of the lot from the midpoint of the front line and the midpoint of the opposite rear line of the lot.

35.

Lot, Width: The distance between the side boundaries of the lot measured at the front building line.

36.

Manufactured Home: Manufactured home means a structure, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary and complies with the standards established under this title.

It is specifically provided that this statute shall not apply to modular homes if said modular homes are not located on a permanent frame or chassis. If a modular home is not located on a permanent frame or chassis, it shall be treated the same as a site home governed by applicable codes and ordinances for the City as they apply to site built homes.

Multiple-wide homes shall only be required to have diagonal ties and anchors. No over-the-roof or vertical ties shall be required.

37.

Modular Home: A factory-fabricated transportable building consisting of units designed to be incorporated at a building site on a permanent foundation into a permanent structure to be used for residential purposes and which bears a seal of compliance with regulations of either the Southern Building Code Congress International or the Georgia Industrialized Building Act.

38.

Non-Conforming Use: A structure or land lawfully occupied by a use that does not conform to the regulations of the district in which it is located.

39.

Nursing Home: Any facility in which aged, chronically ill or incurable persons are housed and furnished with meals and nursing care for compensation.

40.

Nursery School: An agency, organization or individual providing daytime care of four (4) or more children not related by blood or marriage or not the legal wards or foster children of the attendant adult.

41.

Personal Care Home: Any state-licensed 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 for three (3) or more adults who are not related to the owner or administrator by blood or marriage, with types distinguished below.

(A)

Family Personal Care Home. Any licensed personal care home providing services to no more than six (6) adults in a private residence.

(B)

Group Personal Care Home. A licensed personal care home in a freestanding residence, non-institutional in character and appearance, with an occupancy of at least seven (7), but not more than fifteen (15) clients.

(C)

Congregate Personal Care Home. A licensed personal care home serving sixteen (16) or more clients in a building or group of buildings.

42.

Professional Office Building: A building constructed for or remodeled for use as office space for professions including, but not limited to, medical, dental, legal, forestry, surveying, financial, architectural, engineering, real estate, or insurance.

43.

Public Street: Right-of-way dedicated to the City or owned by the City for public street purposes.

44.

Setback: The shortest distance between the centerline of a street and the principal building or structure on a lot.

45.

Sign: Any surface, fabric, or device bearing lettered, pictorial, or sculptured matter designed to convey information visually and exposed to public view; or any structure including billboard or poster panel designed to carry the above visual information.

a.

Advertising Permanent Use Sign. A sign which directs attention to a business, commodity, service, or entertainment conducted, sold or offered only elsewhere than upon the premises where the sign is displayed.

b.

Advertising Incidental Use Sign. A sign which directs attention to a business, commodity, service, or entertainment conducted, sold or offered as a minor and incidental activity upon the premises where the sign is displayed.

c.

Bulletin Board. A sign used to announce meetings or programs to be held on the premises of a church, community recreation center, school, auditorium, library, museum, or similar noncommercial places of public assembly.

d.

Identification Sign. A sign used to identify only the name of the individual, family, organization, or enterprise occupying the premises.

e.

Point of Business Sign. A sign which directs attention to a business, profession, or industry located upon the premises where the sign is displayed, to type of products sold, manufactured, or assembled, and/or to service or entertainment offered on said premises, but not a sign pertaining to the preceding if such activity is only minor and incidental to the principal use of the premises.

46.

Street: Relates to, and includes streets ad [and] avenues, boulevards, roads, highways, expressways, and other ways.

a.

Major Street. A street having a one-hundred (100) foot right-of-way and/or designated as a Georgia state highway maintained by GDOT or a county road.

b.

Minor Street. A street deeded to the City having less than a one-hundred (100) foot right-of-way.

47.

Structure: Anything constructed or erected on the ground or attached to something located on the ground.

48.

Structural alterations: Any change in the supporting members of a building such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or changes in roof or exterior lines.

49.

Trailer: A detached single-family dwelling unit which has all of the following characteristics:

a.

It is designed for long-term occupancy and contains a flush toilet, tub or shower bath, kitchen facilities and sleeping accommodations.

b.

It is designed to be transported after fabrication on its own wheels or on a flatbed or other trailer.

c.

It arrives at the site where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy except for minor assembly operations, location on jacks or other permanent or temporary foundations, connection of utilities, and the like.

50.

Trailer, Camping-Recreation Vehicle: A vehicular portable structure designed as a temporary dwelling for travel, recreation, and vacation uses, which is identified on the unit by the manufacturer as a camper, travel trailer, recreation vehicle, or motor home, and is not more than eight (8) feet in body width.

51.

Trailer Park: A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for non-transient use, and approved by the Board of Health. This shall not include manufactured or mobile home sales lots on which unoccupied manufactured or mobile homes are parked for the purpose of inspection and sales.

52.

Upgrade: The erection, construction or reconstruction of a building or buildings to a degree which is more exclusive than the use intended for the zoning district in which the property is situated. An example of such upgrade would be the erection of a dwelling normally found in Zoning District R1 in the district established O1.

53.

Use: The purpose for which land or buildings are arranged, designed or intended, or for which either is or may be occupied or maintained.

54.

Variance: A variance is a relaxation of the terms of the zoning ordinance, not a change in a zoning district, where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.

55.

Yard: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward. In measuring a yard, the minimum horizontal distance between the lot line and the principal building shall be used.

Front Yard: An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and located between the street line and the front line of the building projected to the side lines of the lot.

Rear Yard: An open space on the same lot with a principal building, unoccupied except by a permitted 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 projected to the side lines of the lot.

Side Yard: An open, unoccupied space on the same lot with a principal building located between the side of the building and the side line of the lot and extending from the real line of the front yard to the front line of the rear yard.