- DEFINITIONS
For the purpose of this ordinance, certain terms and words are hereby defined. Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the term "building" includes the term "structure," the term "may" is permissive and the term "shall" is mandatory. Terms and phrases not defined in this section but defined in the ordinance, shall be given the meaning set forth in that section. All other terms and phrases shall be given their common, generally accepted meaning, unless the context clearly requires otherwise.
Abutting. Having a common border with or being separated from such a common border by a right-of-way, alley or easement.
Accessory building. A building customarily incidental and subordinate to the main buildings.
Accessory use. A use customarily incidental, appropriate, and subordinate to the principal use of land or buildings located upon the same premises.
Agribusiness. An industry engaged in the producing operations of a farm, the manufacture and distribution of farm equipment and supplies, and the processing, storage, and distribution of farm commodities.
Agricultural, agricultural operations, or agricultural or farm products. The raising, harvesting, or storing of crops; feeding, breeding, or managing livestock or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, ratites, and turkeys; producing plants, trees, fowl or animals; or the production of aquacultural, horticultural, dairy, livestock, poultry, eggs, and apiarian products. Agricultural or farm products are considered grown in this state if such products are grown, produced, or processed in this state, whether or not such products are composed of or constitute products grown or produced outside this state.
Alley. A private or public thoroughfare that affords only a secondary means of access to abutting property, and is not intended for general traffic circulation,
Alteration of building. Any change in the supporting members of a building (such as bearing walls or partitions, beams, columns, girders) except such changes as may be required for its safety; an addition to or reduction of a building; any change in use from that of one district classification to another; or moving a building from one location to another; or any change in the roof or the exterior walls.
Animated sign. Any sign that uses movement or change of lighting to depict action or create a special effect or scene.
Apartment. See "dwelling, multifamily."
Apartment, efficiency. A dwelling unit consisting of not more than one habitable room together with a kitchen or kitchenette and sanitary facilities.
Area of special flood hazard. The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.
Banner. Any sign of lightweight fabric or similar material that is securely mounted to a pole or a building. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered a banner.
Banquet hall. A facility which is rented by individuals or groups to accommodate private functions including, but not limited to, banquets, weddings and/or wedding receptions, anniversaries, and other similar celebrations.
Building marker. Any sign indicating the name of a building, date, and/or incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.
Building sign. Any sign attached to any part of a building, as compared to freestanding sign.
Basement. The area below the first-floor level in a building and having not more than one-half of its height above grade.
Beacon. Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move.
Bed and breakfast facilities. A residential bed and breakfast Is a structure occupied by its owner(s) of record, wherein lodging or lodging and breakfast only are provided to guests for compensation. The dwelling unit in which the bed and breakfast takes place shall be the principal residence of the operator(s) and said operator(s) shall live in the structure when the bed and breakfast is in operation.
Buffer area or buffer strip.
(1)
Screen. A landscaped open area unoccupied by structures and facilities except as permitted by this ordinance, and/or in some instances as specified, a screen of shrubs, trees or similar plants as least eight feet in height and dense enough to establish interrupted vision from one side to the other may be required. Both are established to separate different and possibly incompatible types of land use.
(2)
River corridor or floodplain. Any area along the course of any river corridor or floodplain maintained in a vegetative, undisturbed and natural condition.
Boardinghouse. A building other than a hotel where, for compensation and by pre-arrangement, meals and/or lodging are provided for three or more guests, but not exceeding 20 persons.
Building. Any roofed structure designed, built, or intended for shelter, support, housing, protection, or enclosure of persons, animals, or property of any kind.
Building height. The vertical distance of a building measured from the average elevation of the finished lot grade along the front of the building to the highest point of the building.
Building line. The line that represents distance a building or structure must be set back from a lot boundary line or a street right-of-way line or street centerline, according to the terms of this ordinance.
Building, principal. A building in which is conducted the principal use of the lot on which said building is situated. In any residential district, any structure containing a dwelling unit shall be defined to be the principal building on the plot on which it is situated.
Canopy sign. Any sign that is part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.
Caterer. Any person who prepares food and furnishes beverages, but not alcoholic beverages, for consumption off-premises of the caterer's business location.
Certificate of occupancy. Issued by the zoning administrator, certifying that the structure complies with the International Building Code and the International Residential Code and all applicable regulations of Meriwether County.
Changeable copy sign. A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for purposes of these regulations. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not a changeable copy sign for purposes of this article.
Child care center. Agencies, organizations or individuals which render service on a regular basis, with or without remuneration, in the form of providing daytime care, boarding, feeding, supervising, or tutoring to children who are not members of the family, foster children, or legal wards of the attendant, including day nurseries, kindergartens, nursery schools, and similar services. This definition does not include tax-supported public schools.
Church. A building in which persons regularly assemble for religious worship intended primarily for purposes connected with such worship, or for propagating a particular form of religious belief.
Clinic. A facility where medical and dental patients who are not normally lodged overnight are admitted for examination and treatment by one or a group of physicians practicing medicine.
Club or lodge. A building and facilities owned or operated by a corporation, association or other legally established group of persons for social, fraternal, civic, cultural, literary, political, educational or recreational purposes on a nonprofit basis, operated for the benefit of its members, and not open to the general public.
Comprehensive land use plan. A comprehensive, long-range plan intended to guide the growth and development of a community or region that typically includes inventory and analytic sections leading to recommendations for the community's future economic development, housing, recreation, transportation, community facilities, and land use, all related to the community's goals and objectives for these elements.
Conditional zoning. The imposition of conditions in the grant of a rezoning application which are in addition to or different from the regulations set forth in this zoning ordinance and which are related to the promotion of the public health, safety, morals or general welfare and designed to minimize the negative Impact on surrounding lands. Such conditions may include, but are not limited to, restrictions on land use, height, setbacks, and other non-use requirements, physical improvements to the property and infrastructure serving the property.
Condominium. A building containing three or more Individually-owned dwelling units and related, jointly-owned common areas as defined by laws of the State of Georgia.
Convenience food store with self-service fuel sales. Any retail establishment offering for sale automotive fuels, pre-packaged food products, beverages, household items, and other goods commonly associated with the same. Further, there shall be no automotive repairs done on-site.
Day nursery. See "child care center."
Deck. A roofless accessory attached or detached platform without exterior walls generally constructed of wood, which adjoins a residence. Rails or safety features shall not be deemed to be exterior walls.
Deed restrictions/private covenants. Private stipulations, usually pertaining to residential subdivisions that govern lot size, minimum floor area, uses permitted, and in some instances, architectural design. These may be stricter than or not as strict as provisions included in the zoning.
Density. The overall intensity of land use for the total project. When referring to residential area, "density" is defined as the number of housing units permitted per acre in the respective zoning district involved in accordance with the terms of this zoning ordinance or as authorized under the development standards of this ordinance. Unless otherwise stated, density figures are to be in terms of net acres, or the land devoted to residential use exclusive of streets or other public lands.
Developments of regional impact (DRI). Public or private development that, because of its location, scale, use type or public service demand, or any combination, could affect the growth, development and quality of life of the region.
Developer. Any person who acts in his own behalf or as the agent of any owner of property and engages in alteration of land or vegetation in preparation for construction activity.
District. A section of Meriwether County within which the zoning regulations are uniform.
Drainage. A general term applied to the removal of surface or subsurface water from a given area either by gravity or by pumping.
Drive-in. A retail or service enterprise wherein service is provided to the consumer on the outside of the principal building.
Duplex. A single-story residential structure designed for two-family occupancy, with each family in a separate dwelling unit.
Dwelling. A building or portion thereof which is designed or used for residential purposes, including single-family, two-family, multiple-family dwellings and manufactured housing, but not including hotels, motels, or mobile homes.
Dwelling, single-family. A detached dwelling, containing not more than one dwelling unit, designed or occupied exclusively by a single-family,
Dwelling, multifamily. A building either designed, constructed, altered, or used for three or more adjoining dwelling units, occupied by three or more families living independently of one another, with each dwelling unit having a party wall and/or party floor connecting it to at least one other dwelling unit in the building. This includes apartments, condominiums, or any other type of multifamily structure.
Dwelling, two-family. A building designed, constructed, altered, or used for two adjoining dwelling units, joined by a common wall or common floor and occupied by two families living independently of each other. Includes a duplex.
Dwelling unit. A dwelling, or portion thereof, providing complete living quarters for one or more persons living as a single housekeeping unit.
Erosion and sedimentation control plan. A plan for the control of soil erosion and sediment resulting from land disturbing activity.
Existing grade. The vertical location of the existing ground surface prior to cutting or filling.
Fabricating. The process of assembling using standardized parts.
Family. An individual or two or more persons, occupying a single dwelling unit, related by blood, marriage or adoption, or a group persons not related by blood or marriage, living together as a single housekeeping unit. The term "family" does not include any organizational or institutional groups such as those occupying a lodginghouse, hotel, club, fraternity or sorority house, or group home.
Flag. Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols used as a symbol of a government, political subdivision, or other entity.
Floor area. Total number of heated square feet of floor area in a building determined by horizontal measurements between the exterior faces of walls of the several floors of a structure. Also, the gross leasable floor area for any business or industry based on interior dimensions.
Freestanding sign. Any sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure.
Frontage. That dimension of a lot measured along the front street line. If said front street line is curved, then frontage shall be the dimension along the chord of the arc.
Garage, mechanical/repair. Building(s) and premises designed or used for the purpose of providing the services of maintenance, minor repair, washing, adjusting, equipping and/or major commercial repair of motor vehicles, provided that the body work and painting shall be conducted within fully enclosed buildings, and provided, further, that the storage of junk, wrecked vehicles, dismantled parts or supplies shall not be visible beyond the premises. A mechanical garage that provides for the storage of vehicles for the purpose of salvaging parts for sale or repair shall be classified as a junkyard.
Garage, private. An accessory building or portion of a principal building used only for private storage of permitted motor vehicles.
Halfway house. A center for formerly institutionalized individuals, as mental patients or drug addicts, designed to facilitate readjustment to private life.
Hardship. A condition that shall be considered to exist only when one or the other of the following apply to a particular piece of property and such condition has not been created by the applicant's own acts or for economical purposes only:
(1)
The owner cannot comply with the provisions of this ordinance without violating some other resolution or section(s) of this ordinance.
(2)
The topography of the land or shape of a particular lot precludes a conforming use.
Heavy manufacturing establishment. Manufacturing establishments, other than those classified as light manufacturing, including those involving the conversion of raw materials into usable finished products, provided that manufacturing that will generate liquid waste from the manufacturing process or air pollutants shall comply with anti-pollution standards established by the state and county.
Home occupation. An occupation or profession for gain or support conducted entirely within a single-family dwelling, and which is carried on solely by a member or members of the family residing on the premises, and which is clearly incidental and secondary to the use of the dwelling for residential dwelling purposes. The occupation/business may require access by the public.
Hospital. Any institution that receives in-patients, or a public institution that receives out-patients, 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 the mentally disturbed, drug addicts, epileptic seizures, chronically ill and physically handicapped, but shall not include office facilities for the private practice of medicine or dentistry.
Hotel. A building in which overnight accommodations are provided for ten or more individuals of the general public for compensation, and in which provisions for cooking are made in a central kitchen and not in the individual rooms or suites, and in which ingress and egress to and from all rooms are made through an inside lobby or office.
Industrial park. A tract of land subdivided and developed according to a comprehensive development plan in a manner that provides a park-like setting for industrial establishments.
Industrialized building. A term used only in Georgia, "industrialized building" replaces the now obsolete term "factory-built housing," and describes certain manufactured housing regulated by the Georgia Department of Community Affairs. Georgia law defines the term "industrialized building" as "any structure or component thereof which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly on a building site and has been manufactured in such a manner that all parts 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 Buildings Act, Georgia Law 1982 (Official Code of Georgia Annotated, title 8, chapter 2, article 2, part 1). An industrialized building must meet all requirements of the district in which it is located. This term includes modular homes.
Institution. Premises occupied by a nonprofit corporation or nonprofit establishment for public use.
Intermediate regional flood (IRF). A 100-year frequency flood, as defined on flood hazard maps, which has a probability of occurring once every 100 years or having a one-percent chance of occurring each year.
Junk. Any scrap, waste, reclaimable material, or debris including, but not limited to, junk vehicle or vehicles, junk vehicle parts, discarded appliances, and other mechanicals, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed, or other use or disposition.
Junk vehicles. Any vehicle that cannot be moved under its own power and does not have a current license plate.
Junkyard. An uncovered lot or part thereof, whether enclosed or not, used for the collection, storage, keeping, sale, abandonment, or resale of junk including scrap metal, rags, paper or other scrap materials, used lumber, salvage house wrecking, and structural steel material and equipment, or for the dismantling, demolition or abandonment of three or more disabled automobiles, not bearing current auto tags/decals, mobile or manufactured homes, or other machinery, appliances or parts thereof.
(1)
Storage area. Property and/or buildings used for the permanent or temporary storage of inoperable vehicles, machinery or other equipment or materials awaiting salvage, restoration, or sale, but not including exterior displays of new or used merchandise in operable condition for retail or wholesale distribution.
Kennels. Facility for the overnight boarding of domestic animals, usually limited to dogs and cats. Breeding and training of dogs and cats and the sale to the public of puppies and kittens is classified as a kennel activity.
Land use permit, manufactured home. A temporary permit that allows for the placement and occupancy of a home or manufactured home on a parcel in which it would not ordinarily be permitted.
Land use plan. A professionally prepared and formally adopted document and map depicting the desirable future location of residential, commercial, public, and industrial land uses and thoroughfares. Also, narrative text describing present and future land use needs of the local government for which it was prepared.
Licensed day care center. A child care center licensed and regulated by the State of Georgia and/or Meriwether County that provides care, training, education, custody, treatment or supervision of children, where such children are not related by blood, marriage, or adoption to an owner or operator of the facility.
Light industry. A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing,
Light manufacturing establishment. An establishment for production, processing, assembly, manufacturing, compounding, preparation, cleaning, servicing, testing, or repair of materials, goods or products; however, the manufacturing and production of any product which emits noxious odor or fumes, noise, bulk storage of flammable materials for resale, and other heavy manufacturing uses listed herein shall not be permitted.
Lot. A parcel or portion of land of varying size, described as a single unit of property and held in a single ownership by one person or in common ownership by more than one person, occupied or intended to be occupied by a particular use, building or group of buildings devoted to a particular use or interest, together with the customary accessory buildings and uses and open spaces belonging to the same. A parcel that has both lot area and lot dimensions equal to or greater than the lot width and lot area requirements established by this ordinance for the zoning district in which such tract of land is located and for the uses proposed for the tract of land. The lot shall have its principal frontage upon a county road, street, thoroughfare, state highway or a dedicated easement for ingress and egress on record in the office of the clerk of Superior Court of Meriwether County, Georgia; The term "lot" includes the terms "plot" and "parcel" and shall mean the same as "zoning lot;" however, the term "lot" will not be construed to mean "land lot."
Lot, corner. A lot having frontage on two or more public streets at their intersection.
Lot depth. The mean horizontal distance between the front and rear lot lines.
Lot line.
(1)
Front. The front line of an interior lot separating the lot from the frontage street right-of-way, across which the primary access to the property passes and which shall be used to identify the street address of the property in question. The front lot line of a corner lot shall be the lot line upon which the principal building entrance will front.
(2)
Rear. The lot line generally opposite the lot line along the frontage of the lot, and intersecting the side lot lines. If the rear lot line is less than ten feet in length or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front line, not less than ten feet long, lying wholly within the lot farthest from the front lot line.
(3)
Side. Any property line not designated as a front or rear lot line.
Lot of record. An area designated as a separate and distinct lot or parcel of land which has been lawfully recorded by subdivision plat or deed on the public records of Meriwether County, Georgia, on or before August 22, 2006.
Manufactured home. A new or used structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on-site, is 1,375 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 size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended, 42 USC 5401 et seq.
Manufactured housing. Manufactured housing units are defined as single-family dwellings if all requirements are met as set forth in article 10, section 10.2, and all subsections of 10.2 of this ordinance.
Manufactured home community (a.k.a. mobile home park). A lot or parcel of land or place where three or more manufactured homes are parked for residential purposes, or where space is set aside and offered for rent for manufactured homes. Lots consist of appropriate and adequate community services, recreational facilities, utilities, streets and sidewalks provided by the developer.
Marquee. Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
Marquee sign. Any sign attached to, in any manner, or made a part of a marquee.
Mini-warehouse. A building or portion thereof used for storage, mainly of excess personal property of an individual or family, but also of small amounts of goods or merchandise for businesses. Mini-warehouses shall not include retail sale on the premises, commercial repair or other services, manufacturing or any commercial use.
Mobile home. A structure, transportable in one or more sections, which, in traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on-site, is 1,375 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, and is built prior to June 15, 1976.
Modular home or building. A factory-fabricated single-family dwelling which is constructed in one or more sections and is manufactured in accordance with the Georgia Industrialized Building Act and the rules of the commissioner of community affairs. Each modular home shall meet the standards of an industrialized building of the Georgia Department of Community Affairs, and shall bear the seal of approval as issued by the Georgia Commissioner of the Department of Community Affairs.
Motel. A building or group of buildings containing guest rooms, offered to the general public for compensation, having separate entrances for each room or suite of rooms, and for which automobile parking is provided for each room or suite of rooms. To be used primarily for automobile transients and including such terms as "auto court" and "motor lodge."
Nonconforming sign. Any sign that does not conform to the requirements of this ordinance.
Nonconforming use. Any building, structure, or land use which lawfully exists at the time of adoption of this zoning ordinance, or subsequently amended thereto, and which does not conform, after the passage of such ordinance and/or amendments, to the use regulations of the district in which it is located.
Nursing home. An orphanage, rest home, care 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, alcoholics, or drug addicts, and not including nursery schools.
Official zoning districts map. A map officially adopted by the governing body of a political jurisdiction that illustrates the various zoning districts of the jurisdiction.
Open space. That required portion of a lot at ground level, unoccupied by enclosed buildings and available to all occupants of the project. This space shall not be devoted to driveways or off-street parking, but shall be usable for green space, recreational use and other passive, leisure activities normally carried on outdoors.
Owner. The person vested in the fee simple title or record, or a vendee under contract or purchase agreement. If a sole proprietorship, the proprietor; if a partnership, all partners (general and limited); if a corporation, all officers, directors and persons holding at least ten percent of the outstanding shares; and any agent of the owner, including a developer. The term "owner" may also include a tenant, if chargeable under his lease for the maintenance of property.
Pennant. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.
Person. Any individual, firm, trust, partnership, or corporation, or any other legal entity capable of ownership.
Personal care home. A residence providing the protective care of residents who do not require chronic or convalescent medical or nursing care. Personal care involves responsibility for safety of the resident while inside the building and may include daily awareness by the management of the resident's functioning and whereabouts, making and reminding a resident of appointments, the ability and readiness for intervention in the event of a resident experiencing a crisis, supervision in the areas of nutrition and medication, and the actual provision of transient medical care. See "personal care home, group" and "personal care home, congregate".
Personal care home, congregate. A home for adults that offers care to 16 or more persons.
Personal care home, group. A home for adult persons in a residence or other type building(s), non-institutional in character and appearance, which offers care to seven through 16 persons,
Personal care home, family. A home for adults in a family-type residence, non-institutional in character an appearance, which offers care to two through six persons.
Planning commission. The Meriwether County Planning Commission.
Plat, final. A complete and exact subdivision plat prepared for official recording of that subdivision in accordance with the plat laws of the State of Georgia.
Plat, minor final. All divisions of a tract of land into two or more lots not otherwise considered a subdivision under these definitions and may not be subdivided again within three years.
Porch. A roofed open area, which may be screened, usually attached to or part of and with direct access to or from a building.
Portable sign. A sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, but not including trailer signs (as herein defined); signs converted to A- or T-frames; menu or sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations.
Principal use. The primary use and chief purpose of a lot or structure as distinguished from an accessory or secondary use.
Private deed restrictions or covenants. Private deed restrictions or covenants as imposed on land by private landowners. They bind and restrict the land in the hands of the present owners and subsequent purchasers. The deed restrictions and covenants are enforced through the homeowners association and not by any county or other public agency.
Professional office. A structure wherein services are performed involving predominantly administrative, professional or clerical operations such as law, doctor, optician, audiologist, accounting, tax preparation, real estate, stock broker, architect, engineer, manufacturer representative, professional counselor, dentist, investigative services, photographer, insurance, contractor, land surveyor, telephone sales, political/campaign, veterinarian, travel bureau, etc.
Projecting sign. Any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.
Recreational vehicle. A vehicle or portable structure transportable on a mobile chassis, designed to be a temporary dwelling not hooked to any permanent utilities such as electricity, water or sewerage. The term "recreational vehicle" includes travel trailers, motorized dwellings, pop-up campers, pick-up campers, coaches, and other similar recreational equipment.
Recreational vehicle park. Any lot or parcel of land upon which two or more recreational vehicle sites are located, established or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes.
Remodeling. To construct an addition or alter the design or layout of a building or make substantial repairs or alterations so that a change or modification of the entrance facilities, toilet facilities, or vertical access facilities is achieved.
Residential district sign. Any sign located in a district for residential uses.
Restaurant. An establishment, however designated, at which food is sold for consumption on the premises. However, a snack bar or refreshment stand at a public or nonprofit community swimming pool, playground, or park operated solely for the convenience of patrons of the facility shall not be deemed a restaurant.
Roof sign, integral. Any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign Is separated from the rest of the roof by a space of more than six inches. Any roof sign that extends vertically beyond the framing of the roof shall not be permitted.
Secondary detached residence. A subordinate building on the same lot with the main building which is used, designed, or intended for dwelling purposes, such as guest houses and employee quarters, including tenant dwellings, but not including any dwelling which is rented, leased, or occupied by anyone other than the occupant of the main building or his guests, immediate family, or employees.
Salvage operation/salvage yard. For the purpose of this ordinance, a salvage operation or salvage yard is a business, the principal activity of which is buying, selling, exchanging, storing, sorting, packing, or dismantling of waste, used or secondhand material or three or more inoperable, unlicensed vehicles. A commercial recycling operation or junkyard (as defined in this section) engaged in salvage operations.
School. A facility where persons regularly assemble for the purpose of instruction or education, including any playgrounds, stadiums, or other structures and grounds used in conjunction therewith. This shall include, but not be limited to, public and private schools used for primary, secondary, or post-secondary education.
Shooting range. An area designated and operated by a person for the sport shooting of firearms and not available for such use by the general public without payment of a fee, membership contribution, or dues, or by invitation of an authorized person, or any area so designated and operated by a unit of government, regardless of the terms of admission thereto.
Service station. Any building or land used primarily for the dispensing, servicing, or offering for sale at retail of any automobile fuels, oils, grease, batteries, tires, or general automotive accessories, and in connection with which is performed general automotive servicing as distinguished from automobile repairs, but where no part of the premises is used for the storage or dismantling of wrecked or junked vehicles.
Setback. A required open space on a lot or parcel of land upon which no building or structure is erected except as permitted by this ordinance, and which is the shortest distance measured by a perpendicular line from the lot line or centerline of a street, highway or road and the nearest load-bearing wall of the principal building or structure on a lot. Load-bearing walls do not include cornices, steps, open terraces, open entrance hoods, and the like which do not project more than six feet from the building.
Setback line, rear. The interior boundary of the rear setback area (or rear yard) being a line equidistant from the rear property line and extending from the side property lines at the minimum depth specified by the appropriate zoning district requirements.
Setback line, side. The interior boundary of a side setback area (or side yard), being a line equidistant from the appropriate side property line(s) and extending from the front setback line to the rear setback line at a minimum depth as specified by the appropriate zoning district requirements.
Setback line. The minimum required distance from the street right-of-way line or any other property line that the principal building must observe.
Sewage (individual disposal system). A septic tank and seepage tile sewage disposal system or any other sewage treatment device for one lot, as approved by the county health department.
Sewage (central system). A community sewage system including collection and treatment facilities serving more than one lot in a subdivision, approved by the Meriwether County Health Department.
Shopping center. Two or more commercial establishments planned and managed as a single unit with off-street parking and loading facilities provided on the property.
Sign. Any attached or freestanding outdoor advertising display of any surface, fabric or device bearing lettered, pictorial, or sculptured matter, for the purpose of conveying some information, knowledge, or idea to or attracting the attention of the public, and which is placed in general view of the public.
Sign setback line. An imaginary line created by this ordinance to establish an easily determined setback from any public thoroughfares for the placement of temporary signs. The sign setback line shall be ten feet from the back of the street curb edge of pavement or stabilized shoulder.
Site-built home. A single-family detached dwelling constructed on the building site from basic materials delivered to the site, and which is constructed in accordance with all requirements of the building codes as adopted by Meriwether County.
Special event. Any organized activity that has as its purpose entertainment, recreation and/or education and is not limited to festivals, parties, receptions, celebrations or assemblies, and which occurs or takes place on private or public property.
Special use. A use for a particular piece of property that may be allowed by the county commission when specifically listed in and provided for by this ordinance. A special use is subject to such restrictive requirements as in the opinion of the county commission would be necessary to ensure that the use is not detrimental to surrounding property.
Streamer. A streamer is defined the same as a pennant for purposes of this ordinance.
Street. A public right-of-way, whether designated as an avenue, boulevard, road, highway, expressway, lane or other way, that is dedicated or devoted to public pedestrian or vehicular use by deed, plat, and/or prescription, which affords the principal means of access to abutting property.
(1)
Arterial streets. These streets are intended to provide higher travel speeds between or within communities or to and from collectors and expressways. Access is controlled so that only community significant land use may have direct access to these streets.
(2)
Collector streets. Collector streets connect residential streets to the highway system's major and higher (minor) arterials to provide access to nonresidential uses and arterials. Collectors form barriers between neighborhoods and are designed for higher speeds and traffic volumes than are residential streets. Because non-congested traffic flow is necessary for their effective functioning, residential uses are prohibited access to collectors. Collectors are classified as major collectors and minor collectors.
a.
Major collector. The primary function is to carry traffic for most major intra-urban trips over one mile, particularly during peak hours. These streets provide only limited direct access to adjacent land. This direct access is usually focused on major facilities, shopping centers or other significant traffic generators. Major collectors are usually designed with four travel lanes and may be either divided or undivided. On-street parking cannot be permitted.
b.
Minor collector. The primary function is to carry traffic for short to medium (one-half to one mile) intra-urban trips and serves primarily local traffic. These strips receive traffic from residential streets and transmit it to major collectors and arterials. Minor collectors spaced to relieve excessive traffic volumes on local streets are commonly designed with two travel lanes.
Structure. Anything constructed or erected, the use of which requires a fixed location on or in the ground, or which is attached to something having a fixed location on the ground. Structures include, but are not limited to, the following: site-built buildings, industrialized buildings, manufactured homes, mobile homes, billboards, swimming pools, advertising signs, satellite dishes and fall-out shelters.
Subdivision. A subdivision shall be defined as all divisions of a tract or parcel of land under common ownership into not more than three lots, excluding the parent tract for building sites, or other divisions for the purpose, immediate or future, of sale, legacy, or building development, and includes all divisions of land involving a new street or a change in existing streets, and includes re-subdivisions, and, where appropriate to the context, relates to the process of subdividing or to the land or area subdivided; provided, however, that with the combination or recombination of portions of previously platted lots, the total number of lots is not increased and resultant lots are equal to the standards of the zoning district in which they are located. New lots created by subdivision of a tract or parcel of land cannot be re-subdivided for a period of three years.
Suspended sign. A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.
Temporary sign. Any sign that is used only temporarily and is not permanently mounted to a structure.
Temporary uses. A use established for a limited duration with the intent to discontinue such use upon the expiration of the time period.
Trailer sign. Any sign designed to be transported by means of wheels, whether or not the wheels remain attached, located on the ground and permanently attached thereto, and which is usually a two-sided sign, and including any single- or double-surface painted or postered panel, or any variation thereof.
Trailer, travel. 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" or "travel" trailer.
Travel trailer park. See "recreational vehicle park."
Truck terminal. A building and premises catering primarily to trucks which may include warehousing facilities, and may include the functions and services of a mechanical garage, but shall not include the storage of trucks or other vehicles for the purpose of using parts for sale or repair.
Undisturbed natural buffer (greenbelt). A tract of land dedicated to the county in its natural undisturbed state where no vegetation can be removed or planted without a permit. No herbicides, pesticides, or other chemicals, either natural or manmade, can be used in this buffer.
Use, permitted. Those uses specifically listed in this ordinance as "uses permitted inherently," not to include uses herein defined as "nonconforming uses."
Use, principal. The principal purpose for which a lot or the main building thereon is designed, arranged, intended, occupied or maintained and for which it is or may be used, occupied or maintained.
Use, special. Those uses that are permitted in a particular zoning district, but only under certain specified conditions.
Variance. A deviation from or modification of the strict terms of the zoning regulations granted by the planning commission where such modification will not be contrary to the public interest, and where, owing to conditions unique to the individual property on which the variance is sought and not as a result of any intentional action on the part of the property owner, a literal enforcement of this ordinance would result in unnecessary and undue hardship; provided, however, that no variance shall be granted which shall authorize a land use or lot size not otherwise permitted in a particular district.
Wall sign. Any sign attached parallel to but within six inches of a wall, painted on the wall surface of or erected and confined within the limits of an outside wall of any building or structure which is supported by such wall or building, and which displays only one sign surface.
Water system, individual. A potable water system other than a public water system serving a single building, residence or other facility designed or used for human occupancy or congregation.
Water system, public. A potable water supply system other than individual water systems owned by Meriwether County or any municipality inside the boundaries of the county.
Window sign. Any sign, picture, symbol, or combination thereof, designed to communicate any information that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.
Yard sale. A one- to two-day sale of common household items from a residential lot or lots. Also referred to as a garage sale, carport sale, or rummage sale.
Yard. A space on the same lot with the principal building, open, unoccupied, and unobstructed by buildings or structures from ground to sky, except where encroachments and accessory buildings are expressly permitted. Yards shall be delineated by the "setback" and "setback line" definitions.
(1)
Front. That area of a lot lying between the abutting street right-of-way line and the principal building (or front setback line) of the lot and extending across the front of a lot from side lot line to side lot line.
(2)
Rear. That area of a lot extending across the rear of a lot from side lot line to side lot line, and lying between the rear lot line and the principal building (or rear setback line) on the lot and on the opposite end of the lot from the front yard.
(3)
Side. That area of a lot between the side lot line and the principal building (or side setback line) on the lot extending from the front yard or front setback line (or front lot line where no front yard/setback line is required) to the rear yard or rear setback line (or rear lot line where no rear yard/setback line is required).
Zoning board of appeals. The legally established board of zoning appeals for Meriwether County.
Zoning. The delineation of districts and the establishment of regulations governing the use, placement, spacing, and size of land and buildings.
Zoning administrator/office. The term "zoning administrator" shall mean the director of community development, and the term "zoning office" shall mean the community development department.
Zoning map. The legally adopted Meriwether County Zoning Districts Map of Meriwether County, Georgia.
(Ord. No. 2020-04, ยง 1(Exh. A), 8-25-2020; Ord. No. 2023-01, 10-24-2023)
- DEFINITIONS
For the purpose of this ordinance, certain terms and words are hereby defined. Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the term "building" includes the term "structure," the term "may" is permissive and the term "shall" is mandatory. Terms and phrases not defined in this section but defined in the ordinance, shall be given the meaning set forth in that section. All other terms and phrases shall be given their common, generally accepted meaning, unless the context clearly requires otherwise.
Abutting. Having a common border with or being separated from such a common border by a right-of-way, alley or easement.
Accessory building. A building customarily incidental and subordinate to the main buildings.
Accessory use. A use customarily incidental, appropriate, and subordinate to the principal use of land or buildings located upon the same premises.
Agribusiness. An industry engaged in the producing operations of a farm, the manufacture and distribution of farm equipment and supplies, and the processing, storage, and distribution of farm commodities.
Agricultural, agricultural operations, or agricultural or farm products. The raising, harvesting, or storing of crops; feeding, breeding, or managing livestock or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, ratites, and turkeys; producing plants, trees, fowl or animals; or the production of aquacultural, horticultural, dairy, livestock, poultry, eggs, and apiarian products. Agricultural or farm products are considered grown in this state if such products are grown, produced, or processed in this state, whether or not such products are composed of or constitute products grown or produced outside this state.
Alley. A private or public thoroughfare that affords only a secondary means of access to abutting property, and is not intended for general traffic circulation,
Alteration of building. Any change in the supporting members of a building (such as bearing walls or partitions, beams, columns, girders) except such changes as may be required for its safety; an addition to or reduction of a building; any change in use from that of one district classification to another; or moving a building from one location to another; or any change in the roof or the exterior walls.
Animated sign. Any sign that uses movement or change of lighting to depict action or create a special effect or scene.
Apartment. See "dwelling, multifamily."
Apartment, efficiency. A dwelling unit consisting of not more than one habitable room together with a kitchen or kitchenette and sanitary facilities.
Area of special flood hazard. The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.
Banner. Any sign of lightweight fabric or similar material that is securely mounted to a pole or a building. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered a banner.
Banquet hall. A facility which is rented by individuals or groups to accommodate private functions including, but not limited to, banquets, weddings and/or wedding receptions, anniversaries, and other similar celebrations.
Building marker. Any sign indicating the name of a building, date, and/or incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.
Building sign. Any sign attached to any part of a building, as compared to freestanding sign.
Basement. The area below the first-floor level in a building and having not more than one-half of its height above grade.
Beacon. Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move.
Bed and breakfast facilities. A residential bed and breakfast Is a structure occupied by its owner(s) of record, wherein lodging or lodging and breakfast only are provided to guests for compensation. The dwelling unit in which the bed and breakfast takes place shall be the principal residence of the operator(s) and said operator(s) shall live in the structure when the bed and breakfast is in operation.
Buffer area or buffer strip.
(1)
Screen. A landscaped open area unoccupied by structures and facilities except as permitted by this ordinance, and/or in some instances as specified, a screen of shrubs, trees or similar plants as least eight feet in height and dense enough to establish interrupted vision from one side to the other may be required. Both are established to separate different and possibly incompatible types of land use.
(2)
River corridor or floodplain. Any area along the course of any river corridor or floodplain maintained in a vegetative, undisturbed and natural condition.
Boardinghouse. A building other than a hotel where, for compensation and by pre-arrangement, meals and/or lodging are provided for three or more guests, but not exceeding 20 persons.
Building. Any roofed structure designed, built, or intended for shelter, support, housing, protection, or enclosure of persons, animals, or property of any kind.
Building height. The vertical distance of a building measured from the average elevation of the finished lot grade along the front of the building to the highest point of the building.
Building line. The line that represents distance a building or structure must be set back from a lot boundary line or a street right-of-way line or street centerline, according to the terms of this ordinance.
Building, principal. A building in which is conducted the principal use of the lot on which said building is situated. In any residential district, any structure containing a dwelling unit shall be defined to be the principal building on the plot on which it is situated.
Canopy sign. Any sign that is part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.
Caterer. Any person who prepares food and furnishes beverages, but not alcoholic beverages, for consumption off-premises of the caterer's business location.
Certificate of occupancy. Issued by the zoning administrator, certifying that the structure complies with the International Building Code and the International Residential Code and all applicable regulations of Meriwether County.
Changeable copy sign. A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for purposes of these regulations. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not a changeable copy sign for purposes of this article.
Child care center. Agencies, organizations or individuals which render service on a regular basis, with or without remuneration, in the form of providing daytime care, boarding, feeding, supervising, or tutoring to children who are not members of the family, foster children, or legal wards of the attendant, including day nurseries, kindergartens, nursery schools, and similar services. This definition does not include tax-supported public schools.
Church. A building in which persons regularly assemble for religious worship intended primarily for purposes connected with such worship, or for propagating a particular form of religious belief.
Clinic. A facility where medical and dental patients who are not normally lodged overnight are admitted for examination and treatment by one or a group of physicians practicing medicine.
Club or lodge. A building and facilities owned or operated by a corporation, association or other legally established group of persons for social, fraternal, civic, cultural, literary, political, educational or recreational purposes on a nonprofit basis, operated for the benefit of its members, and not open to the general public.
Comprehensive land use plan. A comprehensive, long-range plan intended to guide the growth and development of a community or region that typically includes inventory and analytic sections leading to recommendations for the community's future economic development, housing, recreation, transportation, community facilities, and land use, all related to the community's goals and objectives for these elements.
Conditional zoning. The imposition of conditions in the grant of a rezoning application which are in addition to or different from the regulations set forth in this zoning ordinance and which are related to the promotion of the public health, safety, morals or general welfare and designed to minimize the negative Impact on surrounding lands. Such conditions may include, but are not limited to, restrictions on land use, height, setbacks, and other non-use requirements, physical improvements to the property and infrastructure serving the property.
Condominium. A building containing three or more Individually-owned dwelling units and related, jointly-owned common areas as defined by laws of the State of Georgia.
Convenience food store with self-service fuel sales. Any retail establishment offering for sale automotive fuels, pre-packaged food products, beverages, household items, and other goods commonly associated with the same. Further, there shall be no automotive repairs done on-site.
Day nursery. See "child care center."
Deck. A roofless accessory attached or detached platform without exterior walls generally constructed of wood, which adjoins a residence. Rails or safety features shall not be deemed to be exterior walls.
Deed restrictions/private covenants. Private stipulations, usually pertaining to residential subdivisions that govern lot size, minimum floor area, uses permitted, and in some instances, architectural design. These may be stricter than or not as strict as provisions included in the zoning.
Density. The overall intensity of land use for the total project. When referring to residential area, "density" is defined as the number of housing units permitted per acre in the respective zoning district involved in accordance with the terms of this zoning ordinance or as authorized under the development standards of this ordinance. Unless otherwise stated, density figures are to be in terms of net acres, or the land devoted to residential use exclusive of streets or other public lands.
Developments of regional impact (DRI). Public or private development that, because of its location, scale, use type or public service demand, or any combination, could affect the growth, development and quality of life of the region.
Developer. Any person who acts in his own behalf or as the agent of any owner of property and engages in alteration of land or vegetation in preparation for construction activity.
District. A section of Meriwether County within which the zoning regulations are uniform.
Drainage. A general term applied to the removal of surface or subsurface water from a given area either by gravity or by pumping.
Drive-in. A retail or service enterprise wherein service is provided to the consumer on the outside of the principal building.
Duplex. A single-story residential structure designed for two-family occupancy, with each family in a separate dwelling unit.
Dwelling. A building or portion thereof which is designed or used for residential purposes, including single-family, two-family, multiple-family dwellings and manufactured housing, but not including hotels, motels, or mobile homes.
Dwelling, single-family. A detached dwelling, containing not more than one dwelling unit, designed or occupied exclusively by a single-family,
Dwelling, multifamily. A building either designed, constructed, altered, or used for three or more adjoining dwelling units, occupied by three or more families living independently of one another, with each dwelling unit having a party wall and/or party floor connecting it to at least one other dwelling unit in the building. This includes apartments, condominiums, or any other type of multifamily structure.
Dwelling, two-family. A building designed, constructed, altered, or used for two adjoining dwelling units, joined by a common wall or common floor and occupied by two families living independently of each other. Includes a duplex.
Dwelling unit. A dwelling, or portion thereof, providing complete living quarters for one or more persons living as a single housekeeping unit.
Erosion and sedimentation control plan. A plan for the control of soil erosion and sediment resulting from land disturbing activity.
Existing grade. The vertical location of the existing ground surface prior to cutting or filling.
Fabricating. The process of assembling using standardized parts.
Family. An individual or two or more persons, occupying a single dwelling unit, related by blood, marriage or adoption, or a group persons not related by blood or marriage, living together as a single housekeeping unit. The term "family" does not include any organizational or institutional groups such as those occupying a lodginghouse, hotel, club, fraternity or sorority house, or group home.
Flag. Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols used as a symbol of a government, political subdivision, or other entity.
Floor area. Total number of heated square feet of floor area in a building determined by horizontal measurements between the exterior faces of walls of the several floors of a structure. Also, the gross leasable floor area for any business or industry based on interior dimensions.
Freestanding sign. Any sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure.
Frontage. That dimension of a lot measured along the front street line. If said front street line is curved, then frontage shall be the dimension along the chord of the arc.
Garage, mechanical/repair. Building(s) and premises designed or used for the purpose of providing the services of maintenance, minor repair, washing, adjusting, equipping and/or major commercial repair of motor vehicles, provided that the body work and painting shall be conducted within fully enclosed buildings, and provided, further, that the storage of junk, wrecked vehicles, dismantled parts or supplies shall not be visible beyond the premises. A mechanical garage that provides for the storage of vehicles for the purpose of salvaging parts for sale or repair shall be classified as a junkyard.
Garage, private. An accessory building or portion of a principal building used only for private storage of permitted motor vehicles.
Halfway house. A center for formerly institutionalized individuals, as mental patients or drug addicts, designed to facilitate readjustment to private life.
Hardship. A condition that shall be considered to exist only when one or the other of the following apply to a particular piece of property and such condition has not been created by the applicant's own acts or for economical purposes only:
(1)
The owner cannot comply with the provisions of this ordinance without violating some other resolution or section(s) of this ordinance.
(2)
The topography of the land or shape of a particular lot precludes a conforming use.
Heavy manufacturing establishment. Manufacturing establishments, other than those classified as light manufacturing, including those involving the conversion of raw materials into usable finished products, provided that manufacturing that will generate liquid waste from the manufacturing process or air pollutants shall comply with anti-pollution standards established by the state and county.
Home occupation. An occupation or profession for gain or support conducted entirely within a single-family dwelling, and which is carried on solely by a member or members of the family residing on the premises, and which is clearly incidental and secondary to the use of the dwelling for residential dwelling purposes. The occupation/business may require access by the public.
Hospital. Any institution that receives in-patients, or a public institution that receives out-patients, 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 the mentally disturbed, drug addicts, epileptic seizures, chronically ill and physically handicapped, but shall not include office facilities for the private practice of medicine or dentistry.
Hotel. A building in which overnight accommodations are provided for ten or more individuals of the general public for compensation, and in which provisions for cooking are made in a central kitchen and not in the individual rooms or suites, and in which ingress and egress to and from all rooms are made through an inside lobby or office.
Industrial park. A tract of land subdivided and developed according to a comprehensive development plan in a manner that provides a park-like setting for industrial establishments.
Industrialized building. A term used only in Georgia, "industrialized building" replaces the now obsolete term "factory-built housing," and describes certain manufactured housing regulated by the Georgia Department of Community Affairs. Georgia law defines the term "industrialized building" as "any structure or component thereof which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly on a building site and has been manufactured in such a manner that all parts 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 Buildings Act, Georgia Law 1982 (Official Code of Georgia Annotated, title 8, chapter 2, article 2, part 1). An industrialized building must meet all requirements of the district in which it is located. This term includes modular homes.
Institution. Premises occupied by a nonprofit corporation or nonprofit establishment for public use.
Intermediate regional flood (IRF). A 100-year frequency flood, as defined on flood hazard maps, which has a probability of occurring once every 100 years or having a one-percent chance of occurring each year.
Junk. Any scrap, waste, reclaimable material, or debris including, but not limited to, junk vehicle or vehicles, junk vehicle parts, discarded appliances, and other mechanicals, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed, or other use or disposition.
Junk vehicles. Any vehicle that cannot be moved under its own power and does not have a current license plate.
Junkyard. An uncovered lot or part thereof, whether enclosed or not, used for the collection, storage, keeping, sale, abandonment, or resale of junk including scrap metal, rags, paper or other scrap materials, used lumber, salvage house wrecking, and structural steel material and equipment, or for the dismantling, demolition or abandonment of three or more disabled automobiles, not bearing current auto tags/decals, mobile or manufactured homes, or other machinery, appliances or parts thereof.
(1)
Storage area. Property and/or buildings used for the permanent or temporary storage of inoperable vehicles, machinery or other equipment or materials awaiting salvage, restoration, or sale, but not including exterior displays of new or used merchandise in operable condition for retail or wholesale distribution.
Kennels. Facility for the overnight boarding of domestic animals, usually limited to dogs and cats. Breeding and training of dogs and cats and the sale to the public of puppies and kittens is classified as a kennel activity.
Land use permit, manufactured home. A temporary permit that allows for the placement and occupancy of a home or manufactured home on a parcel in which it would not ordinarily be permitted.
Land use plan. A professionally prepared and formally adopted document and map depicting the desirable future location of residential, commercial, public, and industrial land uses and thoroughfares. Also, narrative text describing present and future land use needs of the local government for which it was prepared.
Licensed day care center. A child care center licensed and regulated by the State of Georgia and/or Meriwether County that provides care, training, education, custody, treatment or supervision of children, where such children are not related by blood, marriage, or adoption to an owner or operator of the facility.
Light industry. A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing,
Light manufacturing establishment. An establishment for production, processing, assembly, manufacturing, compounding, preparation, cleaning, servicing, testing, or repair of materials, goods or products; however, the manufacturing and production of any product which emits noxious odor or fumes, noise, bulk storage of flammable materials for resale, and other heavy manufacturing uses listed herein shall not be permitted.
Lot. A parcel or portion of land of varying size, described as a single unit of property and held in a single ownership by one person or in common ownership by more than one person, occupied or intended to be occupied by a particular use, building or group of buildings devoted to a particular use or interest, together with the customary accessory buildings and uses and open spaces belonging to the same. A parcel that has both lot area and lot dimensions equal to or greater than the lot width and lot area requirements established by this ordinance for the zoning district in which such tract of land is located and for the uses proposed for the tract of land. The lot shall have its principal frontage upon a county road, street, thoroughfare, state highway or a dedicated easement for ingress and egress on record in the office of the clerk of Superior Court of Meriwether County, Georgia; The term "lot" includes the terms "plot" and "parcel" and shall mean the same as "zoning lot;" however, the term "lot" will not be construed to mean "land lot."
Lot, corner. A lot having frontage on two or more public streets at their intersection.
Lot depth. The mean horizontal distance between the front and rear lot lines.
Lot line.
(1)
Front. The front line of an interior lot separating the lot from the frontage street right-of-way, across which the primary access to the property passes and which shall be used to identify the street address of the property in question. The front lot line of a corner lot shall be the lot line upon which the principal building entrance will front.
(2)
Rear. The lot line generally opposite the lot line along the frontage of the lot, and intersecting the side lot lines. If the rear lot line is less than ten feet in length or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front line, not less than ten feet long, lying wholly within the lot farthest from the front lot line.
(3)
Side. Any property line not designated as a front or rear lot line.
Lot of record. An area designated as a separate and distinct lot or parcel of land which has been lawfully recorded by subdivision plat or deed on the public records of Meriwether County, Georgia, on or before August 22, 2006.
Manufactured home. A new or used structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on-site, is 1,375 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 size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended, 42 USC 5401 et seq.
Manufactured housing. Manufactured housing units are defined as single-family dwellings if all requirements are met as set forth in article 10, section 10.2, and all subsections of 10.2 of this ordinance.
Manufactured home community (a.k.a. mobile home park). A lot or parcel of land or place where three or more manufactured homes are parked for residential purposes, or where space is set aside and offered for rent for manufactured homes. Lots consist of appropriate and adequate community services, recreational facilities, utilities, streets and sidewalks provided by the developer.
Marquee. Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
Marquee sign. Any sign attached to, in any manner, or made a part of a marquee.
Mini-warehouse. A building or portion thereof used for storage, mainly of excess personal property of an individual or family, but also of small amounts of goods or merchandise for businesses. Mini-warehouses shall not include retail sale on the premises, commercial repair or other services, manufacturing or any commercial use.
Mobile home. A structure, transportable in one or more sections, which, in traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on-site, is 1,375 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, and is built prior to June 15, 1976.
Modular home or building. A factory-fabricated single-family dwelling which is constructed in one or more sections and is manufactured in accordance with the Georgia Industrialized Building Act and the rules of the commissioner of community affairs. Each modular home shall meet the standards of an industrialized building of the Georgia Department of Community Affairs, and shall bear the seal of approval as issued by the Georgia Commissioner of the Department of Community Affairs.
Motel. A building or group of buildings containing guest rooms, offered to the general public for compensation, having separate entrances for each room or suite of rooms, and for which automobile parking is provided for each room or suite of rooms. To be used primarily for automobile transients and including such terms as "auto court" and "motor lodge."
Nonconforming sign. Any sign that does not conform to the requirements of this ordinance.
Nonconforming use. Any building, structure, or land use which lawfully exists at the time of adoption of this zoning ordinance, or subsequently amended thereto, and which does not conform, after the passage of such ordinance and/or amendments, to the use regulations of the district in which it is located.
Nursing home. An orphanage, rest home, care 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, alcoholics, or drug addicts, and not including nursery schools.
Official zoning districts map. A map officially adopted by the governing body of a political jurisdiction that illustrates the various zoning districts of the jurisdiction.
Open space. That required portion of a lot at ground level, unoccupied by enclosed buildings and available to all occupants of the project. This space shall not be devoted to driveways or off-street parking, but shall be usable for green space, recreational use and other passive, leisure activities normally carried on outdoors.
Owner. The person vested in the fee simple title or record, or a vendee under contract or purchase agreement. If a sole proprietorship, the proprietor; if a partnership, all partners (general and limited); if a corporation, all officers, directors and persons holding at least ten percent of the outstanding shares; and any agent of the owner, including a developer. The term "owner" may also include a tenant, if chargeable under his lease for the maintenance of property.
Pennant. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.
Person. Any individual, firm, trust, partnership, or corporation, or any other legal entity capable of ownership.
Personal care home. A residence providing the protective care of residents who do not require chronic or convalescent medical or nursing care. Personal care involves responsibility for safety of the resident while inside the building and may include daily awareness by the management of the resident's functioning and whereabouts, making and reminding a resident of appointments, the ability and readiness for intervention in the event of a resident experiencing a crisis, supervision in the areas of nutrition and medication, and the actual provision of transient medical care. See "personal care home, group" and "personal care home, congregate".
Personal care home, congregate. A home for adults that offers care to 16 or more persons.
Personal care home, group. A home for adult persons in a residence or other type building(s), non-institutional in character and appearance, which offers care to seven through 16 persons,
Personal care home, family. A home for adults in a family-type residence, non-institutional in character an appearance, which offers care to two through six persons.
Planning commission. The Meriwether County Planning Commission.
Plat, final. A complete and exact subdivision plat prepared for official recording of that subdivision in accordance with the plat laws of the State of Georgia.
Plat, minor final. All divisions of a tract of land into two or more lots not otherwise considered a subdivision under these definitions and may not be subdivided again within three years.
Porch. A roofed open area, which may be screened, usually attached to or part of and with direct access to or from a building.
Portable sign. A sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, but not including trailer signs (as herein defined); signs converted to A- or T-frames; menu or sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations.
Principal use. The primary use and chief purpose of a lot or structure as distinguished from an accessory or secondary use.
Private deed restrictions or covenants. Private deed restrictions or covenants as imposed on land by private landowners. They bind and restrict the land in the hands of the present owners and subsequent purchasers. The deed restrictions and covenants are enforced through the homeowners association and not by any county or other public agency.
Professional office. A structure wherein services are performed involving predominantly administrative, professional or clerical operations such as law, doctor, optician, audiologist, accounting, tax preparation, real estate, stock broker, architect, engineer, manufacturer representative, professional counselor, dentist, investigative services, photographer, insurance, contractor, land surveyor, telephone sales, political/campaign, veterinarian, travel bureau, etc.
Projecting sign. Any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.
Recreational vehicle. A vehicle or portable structure transportable on a mobile chassis, designed to be a temporary dwelling not hooked to any permanent utilities such as electricity, water or sewerage. The term "recreational vehicle" includes travel trailers, motorized dwellings, pop-up campers, pick-up campers, coaches, and other similar recreational equipment.
Recreational vehicle park. Any lot or parcel of land upon which two or more recreational vehicle sites are located, established or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes.
Remodeling. To construct an addition or alter the design or layout of a building or make substantial repairs or alterations so that a change or modification of the entrance facilities, toilet facilities, or vertical access facilities is achieved.
Residential district sign. Any sign located in a district for residential uses.
Restaurant. An establishment, however designated, at which food is sold for consumption on the premises. However, a snack bar or refreshment stand at a public or nonprofit community swimming pool, playground, or park operated solely for the convenience of patrons of the facility shall not be deemed a restaurant.
Roof sign, integral. Any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign Is separated from the rest of the roof by a space of more than six inches. Any roof sign that extends vertically beyond the framing of the roof shall not be permitted.
Secondary detached residence. A subordinate building on the same lot with the main building which is used, designed, or intended for dwelling purposes, such as guest houses and employee quarters, including tenant dwellings, but not including any dwelling which is rented, leased, or occupied by anyone other than the occupant of the main building or his guests, immediate family, or employees.
Salvage operation/salvage yard. For the purpose of this ordinance, a salvage operation or salvage yard is a business, the principal activity of which is buying, selling, exchanging, storing, sorting, packing, or dismantling of waste, used or secondhand material or three or more inoperable, unlicensed vehicles. A commercial recycling operation or junkyard (as defined in this section) engaged in salvage operations.
School. A facility where persons regularly assemble for the purpose of instruction or education, including any playgrounds, stadiums, or other structures and grounds used in conjunction therewith. This shall include, but not be limited to, public and private schools used for primary, secondary, or post-secondary education.
Shooting range. An area designated and operated by a person for the sport shooting of firearms and not available for such use by the general public without payment of a fee, membership contribution, or dues, or by invitation of an authorized person, or any area so designated and operated by a unit of government, regardless of the terms of admission thereto.
Service station. Any building or land used primarily for the dispensing, servicing, or offering for sale at retail of any automobile fuels, oils, grease, batteries, tires, or general automotive accessories, and in connection with which is performed general automotive servicing as distinguished from automobile repairs, but where no part of the premises is used for the storage or dismantling of wrecked or junked vehicles.
Setback. A required open space on a lot or parcel of land upon which no building or structure is erected except as permitted by this ordinance, and which is the shortest distance measured by a perpendicular line from the lot line or centerline of a street, highway or road and the nearest load-bearing wall of the principal building or structure on a lot. Load-bearing walls do not include cornices, steps, open terraces, open entrance hoods, and the like which do not project more than six feet from the building.
Setback line, rear. The interior boundary of the rear setback area (or rear yard) being a line equidistant from the rear property line and extending from the side property lines at the minimum depth specified by the appropriate zoning district requirements.
Setback line, side. The interior boundary of a side setback area (or side yard), being a line equidistant from the appropriate side property line(s) and extending from the front setback line to the rear setback line at a minimum depth as specified by the appropriate zoning district requirements.
Setback line. The minimum required distance from the street right-of-way line or any other property line that the principal building must observe.
Sewage (individual disposal system). A septic tank and seepage tile sewage disposal system or any other sewage treatment device for one lot, as approved by the county health department.
Sewage (central system). A community sewage system including collection and treatment facilities serving more than one lot in a subdivision, approved by the Meriwether County Health Department.
Shopping center. Two or more commercial establishments planned and managed as a single unit with off-street parking and loading facilities provided on the property.
Sign. Any attached or freestanding outdoor advertising display of any surface, fabric or device bearing lettered, pictorial, or sculptured matter, for the purpose of conveying some information, knowledge, or idea to or attracting the attention of the public, and which is placed in general view of the public.
Sign setback line. An imaginary line created by this ordinance to establish an easily determined setback from any public thoroughfares for the placement of temporary signs. The sign setback line shall be ten feet from the back of the street curb edge of pavement or stabilized shoulder.
Site-built home. A single-family detached dwelling constructed on the building site from basic materials delivered to the site, and which is constructed in accordance with all requirements of the building codes as adopted by Meriwether County.
Special event. Any organized activity that has as its purpose entertainment, recreation and/or education and is not limited to festivals, parties, receptions, celebrations or assemblies, and which occurs or takes place on private or public property.
Special use. A use for a particular piece of property that may be allowed by the county commission when specifically listed in and provided for by this ordinance. A special use is subject to such restrictive requirements as in the opinion of the county commission would be necessary to ensure that the use is not detrimental to surrounding property.
Streamer. A streamer is defined the same as a pennant for purposes of this ordinance.
Street. A public right-of-way, whether designated as an avenue, boulevard, road, highway, expressway, lane or other way, that is dedicated or devoted to public pedestrian or vehicular use by deed, plat, and/or prescription, which affords the principal means of access to abutting property.
(1)
Arterial streets. These streets are intended to provide higher travel speeds between or within communities or to and from collectors and expressways. Access is controlled so that only community significant land use may have direct access to these streets.
(2)
Collector streets. Collector streets connect residential streets to the highway system's major and higher (minor) arterials to provide access to nonresidential uses and arterials. Collectors form barriers between neighborhoods and are designed for higher speeds and traffic volumes than are residential streets. Because non-congested traffic flow is necessary for their effective functioning, residential uses are prohibited access to collectors. Collectors are classified as major collectors and minor collectors.
a.
Major collector. The primary function is to carry traffic for most major intra-urban trips over one mile, particularly during peak hours. These streets provide only limited direct access to adjacent land. This direct access is usually focused on major facilities, shopping centers or other significant traffic generators. Major collectors are usually designed with four travel lanes and may be either divided or undivided. On-street parking cannot be permitted.
b.
Minor collector. The primary function is to carry traffic for short to medium (one-half to one mile) intra-urban trips and serves primarily local traffic. These strips receive traffic from residential streets and transmit it to major collectors and arterials. Minor collectors spaced to relieve excessive traffic volumes on local streets are commonly designed with two travel lanes.
Structure. Anything constructed or erected, the use of which requires a fixed location on or in the ground, or which is attached to something having a fixed location on the ground. Structures include, but are not limited to, the following: site-built buildings, industrialized buildings, manufactured homes, mobile homes, billboards, swimming pools, advertising signs, satellite dishes and fall-out shelters.
Subdivision. A subdivision shall be defined as all divisions of a tract or parcel of land under common ownership into not more than three lots, excluding the parent tract for building sites, or other divisions for the purpose, immediate or future, of sale, legacy, or building development, and includes all divisions of land involving a new street or a change in existing streets, and includes re-subdivisions, and, where appropriate to the context, relates to the process of subdividing or to the land or area subdivided; provided, however, that with the combination or recombination of portions of previously platted lots, the total number of lots is not increased and resultant lots are equal to the standards of the zoning district in which they are located. New lots created by subdivision of a tract or parcel of land cannot be re-subdivided for a period of three years.
Suspended sign. A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.
Temporary sign. Any sign that is used only temporarily and is not permanently mounted to a structure.
Temporary uses. A use established for a limited duration with the intent to discontinue such use upon the expiration of the time period.
Trailer sign. Any sign designed to be transported by means of wheels, whether or not the wheels remain attached, located on the ground and permanently attached thereto, and which is usually a two-sided sign, and including any single- or double-surface painted or postered panel, or any variation thereof.
Trailer, travel. 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" or "travel" trailer.
Travel trailer park. See "recreational vehicle park."
Truck terminal. A building and premises catering primarily to trucks which may include warehousing facilities, and may include the functions and services of a mechanical garage, but shall not include the storage of trucks or other vehicles for the purpose of using parts for sale or repair.
Undisturbed natural buffer (greenbelt). A tract of land dedicated to the county in its natural undisturbed state where no vegetation can be removed or planted without a permit. No herbicides, pesticides, or other chemicals, either natural or manmade, can be used in this buffer.
Use, permitted. Those uses specifically listed in this ordinance as "uses permitted inherently," not to include uses herein defined as "nonconforming uses."
Use, principal. The principal purpose for which a lot or the main building thereon is designed, arranged, intended, occupied or maintained and for which it is or may be used, occupied or maintained.
Use, special. Those uses that are permitted in a particular zoning district, but only under certain specified conditions.
Variance. A deviation from or modification of the strict terms of the zoning regulations granted by the planning commission where such modification will not be contrary to the public interest, and where, owing to conditions unique to the individual property on which the variance is sought and not as a result of any intentional action on the part of the property owner, a literal enforcement of this ordinance would result in unnecessary and undue hardship; provided, however, that no variance shall be granted which shall authorize a land use or lot size not otherwise permitted in a particular district.
Wall sign. Any sign attached parallel to but within six inches of a wall, painted on the wall surface of or erected and confined within the limits of an outside wall of any building or structure which is supported by such wall or building, and which displays only one sign surface.
Water system, individual. A potable water system other than a public water system serving a single building, residence or other facility designed or used for human occupancy or congregation.
Water system, public. A potable water supply system other than individual water systems owned by Meriwether County or any municipality inside the boundaries of the county.
Window sign. Any sign, picture, symbol, or combination thereof, designed to communicate any information that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.
Yard sale. A one- to two-day sale of common household items from a residential lot or lots. Also referred to as a garage sale, carport sale, or rummage sale.
Yard. A space on the same lot with the principal building, open, unoccupied, and unobstructed by buildings or structures from ground to sky, except where encroachments and accessory buildings are expressly permitted. Yards shall be delineated by the "setback" and "setback line" definitions.
(1)
Front. That area of a lot lying between the abutting street right-of-way line and the principal building (or front setback line) of the lot and extending across the front of a lot from side lot line to side lot line.
(2)
Rear. That area of a lot extending across the rear of a lot from side lot line to side lot line, and lying between the rear lot line and the principal building (or rear setback line) on the lot and on the opposite end of the lot from the front yard.
(3)
Side. That area of a lot between the side lot line and the principal building (or side setback line) on the lot extending from the front yard or front setback line (or front lot line where no front yard/setback line is required) to the rear yard or rear setback line (or rear lot line where no rear yard/setback line is required).
Zoning board of appeals. The legally established board of zoning appeals for Meriwether County.
Zoning. The delineation of districts and the establishment of regulations governing the use, placement, spacing, and size of land and buildings.
Zoning administrator/office. The term "zoning administrator" shall mean the director of community development, and the term "zoning office" shall mean the community development department.
Zoning map. The legally adopted Meriwether County Zoning Districts Map of Meriwether County, Georgia.
(Ord. No. 2020-04, ยง 1(Exh. A), 8-25-2020; Ord. No. 2023-01, 10-24-2023)