This chapter shall be known and may be cited as "The Zoning Ordinance for Porterdale, Georgia."

(Code 2003, § 39-101(1)(A))

(a)

Words used in this chapter have their normal dictionary meaning unless they are otherwise defined.

(b)

(1)

Use of the terms "shall" and "may."

May means permissive. The term "may" means that the directives or requirements are permissive and are imposed at the option of the decision-maker. The terms "can" and "should" also mean "may."

Shall means mandatory. The term "shall" means that the directives or requirements are mandatory and may not be waived or modified. If used within the text, the terms "will," and "must," also mean "shall."

(2)

Use of the terms "and" and "or."

And means that each item identified shall be required.

Or means any combination of one or more of the identified items may be required.

(c)

Definition sources for words not defined within this chapter.

(1)

Development terms not defined within this chapter shall have the meaning contained within the New Illustrated Book of Development Definitions, by Moskowitz and Lindbloom, published by the Center for Urban Policy Research of Rutgers University, Piscataway, New Jersey.

(2)

Terms not defined in any cited sources shall have the meaning as established in the current edition of the Websters Unabridged Dictionary, published by Merriam-Webster, Inc.

(d)

Definitions.

(1)

Except as otherwise provided herein, all words shall have their customary dictionary meaning. The present tense includes the future tense. The singular number includes the plural and the plural includes the singular. The term "person" includes a firm, corporation, association, organization, trust or partnership. The term "lot" includes the term "tract," "plot" or "parcel." The term "building" includes the term "structure". The term "used" or "occupied," as applied to any land or building, shall be construed to include the terms "intended, arranged, or designed to be used or occupied". The term "used" shall be deemed also to include the term "designed," "intended," or "arranged to be used." The term "erected" shall be deemed also to include the term "constructed," "reconstructed," "altered," "placed," or "moved." The terms "land use" and "use of land" shall be deemed also to include the terms "building use" and "use of building". The term "adjacent" means "nearby" and not necessarily "contiguous." The term "map" means the "Official Zoning Map of Porterdale, Georgia, _____ (date), and as may be amended."

(2)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building means a subordinate building, the use of which is incidental to, and reasonably related to, a main building on the same lot or to the primary use of the property. The accessory building shall be of a size and nature customarily incidental and subordinate to the principal building. A detached accessory building shall be one that does not have a common wall with the main building on the same lot.

Accessory use means a use on the same lot with, and of a nature customarily incidental and subordinate to, the principal use.

Alley means a service way providing a secondary means of access to abutting properties.

Alteration means any change in the supporting member of a building, any modification or change in construction, any addition which increases the area or height, any change in use of or moving of a building from one location to another, or any increase in the amount or volume of space used for any activity.

Antique vehicle means a vehicle for which a current antique or classic license plate has been issued by the state and/or is 25 years old or older.

Apartment means a suite of two or more rooms and a bath which is designed or intended for occupancy by one family or one person doing their cooking therein. For zoning purposes, an apartment is regarded as a dwelling unit. A structure containing two apartments is a duplex. A structure containing three or more apartments is a multifamily dwelling.

Applicant means any person who applies for a zoning action and any attorney or other person representing or acting on behalf of a person who applies for a zoning action.

Bed and breakfast means a dwelling unit, other than a hotel, motel or boardinghouse, or portion thereof, where short-term lodging rooms and meals are provided for compensation to registered guests for compensation.

Block means a piece or parcel of land entirely surrounded by public highways or streets, but excluding alleys.

Boardinghouse means an establishment with lodging for five or more persons where meals are prepared and served for compensation and where food is placed upon the table family style, with out service or ordering of individual portions from a menu.

Buffer area means a landscaped or naturalized area used to separate and partially obstruct the view of a development from adjacent or contiguous development. This area shall be in addition to any required area, yard, and height requirements for the zoning district as specified in article IV, division 2, of this chapter. For a definition of "buffer or buffer area" for the RIV River Corridor District see River corridor.

Building means any structure, either permanent or temporary, for the support or shelter of any use or occupancy.

Building, height of, means the vertical distance to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the average height between the eaves and the ridge for gable, hip, and gambrel roofs, measured from the grade.

Building envelope means the area formed by the front, side and rear building setback lines of a lot within which the principal building must be located.

Building inspector means the individual designated by the council to serve as building inspector for Porterdale.

Building line means a line, parallel to the street right-of-way line, at any story level of a building and representing the minimum distance which all or any part of the building is set back from the right-of-way line.

Building, principal, means a building in which the primary use of the lot on which the building is located is conducted.

Business entity means any corporation, partnership, limited partnership, firm, enterprise, franchise, association, or trust.

Campaign contribution means a contribution as defined in O.C.G.A. § 21-5-3(6).

City means Porterdale, Georgia.

City official means the council of Porterdale, Georgia, or any member of the planning or zoning commission authorized to provide planning and zoning services to the city.

Clinic means a building where human patients, who are not lodged overnight, are admitted for examination and treatment.

Club or lodge means buildings and facilities owned or operated by a corporation, association, or persons for social, educational or recreational purposes, but not primarily for profit or to render a service that is generally carried on as a business.

Code enforcement officer means the officer designated by the City of Porterdale as the officer responsible for enforcing the requirements of this chapter.

Commercial use means an occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee.

Community center means a place, structure, area, or other facility used for and providing religious, fraternal, social, and/or recreational programs generally open to the public and designed to accommodate and serve significant segments of the community.

Comprehensive plan means the Comprehensive Plan Amendment for Porterdale, October, 1999, as adopted and as may be amended.

Conditional use means a use which is not permitted inherently but which may be permitted within a zoning district subject to approval by the council.

Conditional use permit means the permit issued by the council as a precondition to allowing any conditional use in a zoning district.

Convenience store means a small retail store that is designed and stocked to sell primarily prepackaged food items, but may have limited amounts of prepared food, beverages, periodicals, and other household supplies to customers who purchase only a relatively few items (in contrast to a supermarket). A convenience store is designed to attract and depends upon a large volume of stop-and-go traffic. Illustrative examples of convenience stores are those operated by "7-11," "Golden Pantry," and "Kangaroo." Gas pumps are an accessory use to a convenience store.

Convenience store/service station/fast food restaurant means a parcel that contains a combination service station, convenience store, and fast food restaurant in one structure located on one parcel.

Corridor means all land within the buffer areas established adjacent to reservoirs or perennial streams within a water supply watershed.

Council means the council of Porterdale.

County means Newton, Georgia.

Daycare center means a building operated by a person, society, agency, corporation, institution, or group, that receives for group care, children under 18 years of age, for less than 24 hours per day without transfer of legal custody.

Daycare home means a private dwelling operated by any person who receives pay for supervision and care, fewer than 24 hours per day, without transfer of legal custody, of three but not more than six children under 18 years of age who are not related to such person and whose parents or guardians are not residents in the same private dwelling.

Density means the number of dwelling units permitted per net acre of land. (Net acre equals gross acre less streets, easements, water, etc.).

Development permit includes building permits, rezone applications, preliminary and final subdivision plat applications, conditional use permit applications, and variance applications.

Disability glare means the eye's line-of-sight contact with a direct light source, which causes a momentary partial blindness.

Dry cleaners means a business that provides laundry cleaning, excluding self service, and contains on the premises, equipment necessary for laundry processing.

Dwelling, single-family, means a structure, including site-built, modular, manufactured and mobile homes, that contain one dwelling unit designed for residential use that is surrounded by open space on the same lot. The term "dwelling, single-family" does not include the term "dwelling, single-family, detached."

Dwelling, single-family, detached, means a structure, including a site-built or modular homes, that contains one dwelling unit designed for residential use that is surrounded by open space on the same lot, which meets or exceeds the following standards:

(1)

Minimum width in excess of 16 feet.

(2)

Minimum square footage required by the zone in which located.

(3)

The roof shall have a minimum roof pitch greater than 3:12 (measured as the ratio of the roof's rise to its horizontal run) and shall have a surface of wood shakes, asphalt composition, wood shingles, concrete, fiberglass or metal tiles, slate, built up gravel materials. The roof overhang must be at least one foot when measured from the vertical side.

(4)

The exterior siding materials shall consist of wood, masonry, concrete, stucco, masonite, or vinyl lap.

(5)

Is attached to a permanent foundation, provided that, for manufactured homes load bearing masonry curtain walls shall not be required (although curtain walls may be required for aesthetic purposes), and non-load bearing curtain walls for manufactured homes shall not have contact with the manufactured home for the purpose of structural support, although non-load bearing curtain walls may be attached to the manufactured home for aesthetic purposes and not for structural support. See Georgia Rules and Regulations Section 120-3-7-.14, and as may hereinafter be amended.

(6)

Is constructed according to standards established by the state.

Dwelling, two-family (duplex), means a structure containing two dwelling units designed and arranged for residential use by two families living independently of each other.

Dwelling unit means a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

Easement means a grant of property rights by the owner to, or for the use by, the public, a corporation, or another person or entity.

Family means one or more individuals permanently occupying a dwelling unit and living as a single housekeeping unit, as distinguished from persons occupying a boardinghouse, group home, or hotel, as defined in this chapter.

Financial interest means all direct ownership interests of the total assets or capital stock of a business entity where such ownership interest is ten percent or more.

Floor area means the sum of the gross horizontal areas of the total number of floors of a building measured from the exterior faces of the exterior walls or from the centerline of the walls separating two buildings, including stairwells and elevator shafts, but not including attic space providing headroom for less than six feet six inches, unusable basement or cellar space not used for retailing, uncovered steps or fire escape, open porches, accessory water or cooling towers, accessory off-street parking spaces, or accessory off-street loading berths.

Frontage, lot, means the horizontal distance between the side lot lines measured at the point where the side lot lines intersect the street right-of-way. All sides of a lot that abut a street shall be considered frontage. On curvilinear streets, the arc between the side lot lines shall be considered the lot frontage.

Frontage street means the street coincident to the front boundary line of the parcel.

Garage, private, means an enclosed accessory building or a portion of a principal building used for parking or storage of automobiles of the principal building's occupants. A carport is considered a private garage though is not enclosed.

Garage, repair, means a building and premises designed or used for the purpose of service or commercial repair of motor vehicles. All body work and painting shall be conducted within fully enclosed buildings. The storage of junk, wrecked vehicles, dismantled parts or supplies shall be solely for the purpose of repairing motor vehicles and not as a salvage or junkyard business. The storage of junk, wrecked vehicles, dismantled parts or supplies shall not be visible beyond the premises.

Garage sale. See Yard sale.

Generalized wetland map means wetlands identified on the U.S. Department of the Interior, Fish and Wildlife Service, National Wetlands Inventory Maps.

Gross floor area means the total floor area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

Hazardous material means any contaminant and any hazardous chemical for which a material safety data sheet must be filed under 42 USC 11021 and 11022.

Hazardous waste means any solid waste which has been defined as a hazardous waste in regulations, promulgated by the administrator of the United States Environmental Protection Agency according to Federal Act, which are in force and effect on February 1, 1988, codified as 40 CFR 261.3.

Health department means the Newton County Health Department.

Home occupation means an occupation or profession conducted entirely within a dwelling unit or accessory building for financial gain, which is clearly subordinate to the principal use of the parcel and which does not change the character thereof.

Home office means an office use conducted entirely within a dwelling unit which is carried on solely by the unit's occupant and is incidental and secondary to the principal use of the dwelling. The office may be for the purpose of service or trade workers who customarily work at various locations, or individuals who work at home. The term "home office" shall not include any business which involves the sale, manufacture or repair of merchandise on the premises. The term "home office" shall also not include any business requiring access by the public, including, but not limited to, customers, clients or vendors.

Hydrophytic vegetation means macrophytic plants tolerant of or dependent on saturated soil conditions.

Impervious surface means a manmade structure or surface that prevents the infiltration of stormwater into the ground below the structure or surface. Examples include buildings, roads, driveways, parking lots, decks, swimming pools and patios.

Industrialized building means a factory fabricated transportable building consisting of units designed for incorporation into a permanent structure at a building site on a permanent foundation to be used for residential purposes. A modular home shall be certified by the manufacturer to meet the approval of the state building administration board to meet the same requirements as an site-built home within Porterdale.

Institution means a nonprofit corporation or a nonprofit establishment.

Junk means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, or waste, junked, dismantled, or wrecked automobiles, or parts thereof, or iron, steel, and old scrap ferrous or nonferrous metal.

Junked vehicle means any wrecked, dismantled, or non-operating motorized vehicle which does not bear a current license plate.

Jurisdictional wetland means a wetland area that meets the definitional requirements for wetlands as determined by the U.S. Army Corps of Engineers.

Kennel means any location where, for commercial purposes, four or more adult dogs, cats, rabbits or other domestic animals are kept for the purpose of boarding, caring for, raising, grooming, breeding, training or sale.

Kindergarten means a school for pre-elementary school children ranging in age from three through six years, which provides preparation for elementary school.

Land-disturbing activity means any grading, scraping, excavating, or filling of land; clearing of vegetation; or any construction, rebuilding, or alteration of a structure. The term "land-disturbing activity" shall not include activities such as ordinary maintenance and landscaping operations, individual home gardens, yard and grounds upkeep, repairs, additions or minor modifications to a single-family dwelling, or the cutting of firewood for personal use.

Loading space means a space within the principal use or on the same lot that provides for standing, loading or unloading of trucks and other carriers.

Lot means a portion of or parcel of land separated from other portions or parcels by description, metes and bounds, intended for transfer of ownership or for building development and having a separate tax parcel reference.

Lot, corner, means a lot abutting two or more public streets or city maintained roads at their intersection.

Lot, double frontage, orthrough lot means a lot with frontage on two public streets and/or city maintained roads that does not intersect at a point abutting the property.

Lot, interior, means a lot other than a corner lot.

Lot line, rear. The rear lot line is generally opposite the front lot line. 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 lot line, not less than ten feet long, and lying wholly within the lot and farthest from the front lot line.

Lot of record means a lot whose existence, location, and dimensions have been legally recorded or registered in a deed or on a plat in the office of the clerk of the superior court of Newton County.

Lot width means the horizontal distance between one side lot line and the other side lot line measured at the minimum front setback line.

Manufactured home, Class A, means a dwelling unit, meeting the definition of "manufactured home" contained in O.C.G.A. § 8-2-160, fabricated in an off-site facility for installation or assembly at the building site, bearing a label certifying it is constructed in compliance with the Federal Manufactured Home Construction and Safety Standards Act, 42 USC 5401 et seq., and meeting the following development standards:

(1)

Minimum width of at least 28 feet.

(2)

The roof shall have a minimum 5:12 roof pitch, which means having a pitch equal to at least five inches of vertical height for every 12 inches of horizontal run. The roof shall have a surface of wood shakes, asphalt composition, wood shingles, concrete, fiberglass tiles, slate, built-up gravel materials, standing seam (noncorrugated tin or steel) or other materials approved by the building inspector.

(3)

The exterior siding materials shall consist of wood, masonry, hardboard, stucco, masonite, vinyl lap or other materials of like appearance comparable in composition, appearance, and durability to the exterior siding commonly used in site-built dwellings.

(4)

Is attached to a permanent foundation that meets all building code requirements.

(5)

A landing must be installed at each outside doorway. The minimum size of the landing shall be at least four feet by six feet (excluding steps) at each doorway. The structure must include steps which lead to ground level, and both landing and steps must meet the requirements of the International Building Code.

Member of the family means the spouse, mother, father, brother, sister, son, or daughter of a city official. This definition applies to section 119-38 only.

Mixed-use development means the development of a parcel or building with two or more different land uses such as, but not limited to, a combination of residential, office, retail, public or entertainment in a single or physically integrated group of structures.

Mobile home means a transportable, factory-built structure designed to be used as a yearround residential dwelling and built prior to the enactment of the Federal Manufactured Housing Act of 1974, which became effective June 15, 1976.

Modular home. See Industrialized building.

Nonconforming building or structure means any lawfully existing building or structure which does not conform to these regulations governing the type, bulk, location, height or size of buildings or structures permitted in the district prior to the adoption of this chapter but which is in full compliance with all applicable federal, state and local laws, rules and ordinances, and for which all required federal, state and local permits have been issued.

Nonconforming lot means a lot, the area, width, or other characteristics of which fails to comply with applicable ordinances and which was of-record and in full compliance with all applicable federal, state and local laws, rules and ordinances prior to the enactment of this chapter or other ordinances, but which does not comply with the requirements of this chapter.

Nonconforming use means a lawful use of land that does not comply with the use provisions for its zoning district but which complied with applicable ordinances at the time the use was established.

Nursing home means a facility for three or more unrelated ill or aged persons not operating as the functional equivalent of a family, that provides food, shelter, and medical care for compensation in addition to meeting the physical, emotional, and social needs.

Off-street parking means an area exclusive of a public or private thoroughfare where motor vehicles may be stored for the purposes of temporary, daily, or overnight parking.

Open space means land used for recreation, resource protection, amenity, or buffers. In no event must any area of a lot constituting the minimum lot area nor any part of an existing or future road, right-of-way, off-street parking, loading space, or area immediately underneath electrical transmission lines be counted as open space.

Opponent means any person who opposes a zoning action or any attorney or other person representing or acting on behalf of a person who opposes a zoning action.

Oppose means to appear before, discuss with, or contact, either orally or in writing, a Porterdale official and argue against a zoning action.

Overlay district means a district that applies supplementary regulations to land previously classified as belonging to a specific zoning district or land-use category.

Permitted use means any use by right which is specifically authorized in a particular zoning district.

Person means an individual, partnership, committee, association, corporation, labor organization, or any other organization or group of persons. For purposes of the RIV River Corridor District only, the term "person" is defined as any individual, group of individuals, association, firm, partnership, corporation, trust, estate, organization, or legal entity of any kind, including municipal corporations, government agencies, or subdivisions thereof.

Personal care home means any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service, and one or more personal services for two or more adults who are not related by blood or marriage to the owner or administrator of the home. Personal services includes, but is not limited to, individual assistance with or supervision of self-administered medication and essential activities of daily living such as eating, bathing, grooming, dressing, and toileting.

Planning commission means the Porterdale Planning and Zoning Board.

Plat means a sketch, map or survey of a lot, tract or parcel of land, including lot lines, street rights-of-way and easements, with the dimensions of these features inscribed thereon, suitable for recording with the Newton County Superior Court.

Playschool means a school for pre-kindergarten children ranging in age from three to four years of age which operates for less than four hours per day.

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

Professional, when used in connection with the terms "use" and "occupancy," means a use or occupancy by persons generally engaged in rendering personal, executive, sales, or administrative services or activities, including accountants, architects, professional engineers and land surveyors, doctors, lawyers, insurance offices, real estate offices, religious organizations, stock brokers and administrative agencies considered professional in character. The term "professional," however, does not include repairs or sales of tangible personal property stored or located within the building nor any use which would create any loud noise or noxious odors within Porterdale.

Property interest means the direct ownership of real property, including any percentage of ownership less than total ownership.

Protected river means any perennial river or watercourse with an average annual flow of at least 400 cubic feet per second as determined by appropriate U.S. Geological Survey documents. In Porterdale, the protected river is the Yellow River.

Public utility means an above-ground structure or facility (other than buildings, unless such buildings are used as storage incidental to the operation of such structures or facilities) used in connection with the production, generation, transmission, delivery, collection, or storage of water, sewage, electricity, gas, oil, or electronic signals. Excepted from this definition are electric power, telephone, telegraph, cable television, gas, water, and sewer lines, wires or pipes, together with supporting poles or structures located within a public right-of-way.

Real property means any tract or parcel of land and, if developed, any buildings or structures located on the land.

Recreational vehicle means a vehicle primarily designed for recreation, camping, travel or seasonal use which has its own motor power or is mounted on or towed by another vehicle. The basic types are: travel trailer, folding camping trailer, park trailer, truck camper, motor home, and custom van conversions.

Regulated activity means any activity which will, or which may reasonably be expected to, result in the discharge of dredged or fill material into waters of the United States excepting those activities exempted in Section 404 of the Federal Clean Water Act.

Religious institution means a building, together with accessory buildings and uses, where persons regularly assemble for religious purposes and related social events and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain religious ceremonies and purposes. The term "religious institution" includes churches, chapels, cathedrals, temples, and similar designations.

Restaurant means an establishment where food and beverages is sold for consumption on the premises, generally in an enclosed building. 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 is not a restaurant.

Retail sales, general merchandise, means establishments that are retail operations that carry an assortment of merchandise from many retail categories. Such establishments may include, but are not limited to, department stores, discount stores, farm stores, and similar establishments.

Retail sales, household, means establishments that are retail operations that sell goods for furnishing or improving housing units. These establishments may include, but are not limited to, furniture store, home improvement centers, electronic stores, appliance stores, and similar establishments.

Retail sales, specialty, means retail operations that specialize in one type or line of merchandise. Such stores may include, but are not limited to, apparel stores, jewelry stores, bookstores, shoe stores, stationary stores, antique stores, and similar establishments.

Retail services establishments means establishments providing services or entertainments, as opposed to products, to the general public for personal or household use, including hotels and motels, finance, real estate and insurance, personal service, amusement and recreation services, health, educational, and social services, museums, and galleries.

Right-of-way means that area, distinguished from an easement, which is owned in fee-simple by Porterdale or other government, for the present or future use of roads, streets, and highways, together with its drainage facilities and other supporting uses and structures.

Right-of-way line means the outside boundary of a right-of-way, whether such right-of-way is established by usage, recorded easement, deed, dedication or by an official right-of-way map of Porterdale, Georgia.

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

River corridor.

(1)

The term "river corridor" means all land, including islands, not regulated under the Metropolitan River Protection Act, O.C.G.A. § 12-5-440 et seq., or the Coastal Marshland Protection Act, O.C.G.A. §§ 12-5-280—12-5-293, in areas of a protected river and being within 100 feet horizontally on both sides of the river as measured from the river banks.

(2)

The 100 foot buffer shall be measured horizontally from the uppermost part of the river bank, usually marked by a break in slope. Although not within the measured 100 foot wide buffer, the area between the top of the bank and the edge of the river shall be treated by local governments in the same manner as the river corridor.

(3)

Because stream channels move due to natural processes such as meandering, river bank erosion, and jumping of channels, the river corridor may shift with time. For the purpose of this chapter, the river corridor shall be considered to be fixed at its position at the beginning of each review period for the local comprehensive plan as established by the department of community affairs. Any shift in the location of the protected river after the start of the review period will require a revision of the boundaries of the river corridor at the time of the next review by the department of community affairs.

River corridor protection plan means that part of the Porterdale Comprehensive Plan that addresses river corridor protection as required by the Georgia Planning Act of 1989 (O.C.G.A. §§ 50-8-7.1, 50-8-7.2).

School means a public or private facility that provides a curriculum of elementary and secondary academic instruction.

Screening means a method where a view of one site is shielded, concealed, or hidden from another site. Screening techniques include fences, walls, berms, densely planted vegetation, natural vegetation or other features. Screening must provide a visual and acoustical barrier which is of such nature and density that it provides yearround maximum shielding, concealment or hiding from the ground to a height of at least eight feet or from view from the normal level of a first story window on an abutting lot.

Service station means any area of land, including structures thereon, used for the retail sale of gasoline or oil, automobile accessories and incidental services, including facilities for lubricating, hand or automatic washing and cleaning, or otherwise servicing automobiles, but excluding painting or major repairs.

Setback means the minimum horizontal distance between the lot or property right-of-way line and the nearest front, side or rear line of the building, including terraces or any covered projections but excluding steps. For purposes of large water supply watershed overlay district only, the distance that defines the width of a protective buffer, measured from the boundary of the feature of the landscape (e.g., a wetland or stream bank) that the buffer is designed to protect.

Sexually oriented business means an adult bookstore, adult cabaret, adult semi-nude modeling studio, adult movie theater, adult video facility, adult video store, sexual device shop, or any establishment which has a substantial business purpose of offering a service or the selling, renting or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to its customers, which is distinguished by or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, and which are more specifically defined and made subject to licensing regulations under article XVI of chapter 10 of this Code. No sexually oriented business shall be located:

(1)

Within 500 feet of any parcel of land which is either zoned for or used for residential purposes;

(2)

Within 1,000 feet of any parcel of land upon which a church, school, governmental building, library, public park, playground, or licensed day-care center is located;

(3)

Within 1,000 feet of any parcel of land upon which another sexually oriented business is located;

(4)

Within 1,000 feet of any parcel of land upon which any establishment selling alcoholic beverages is located; or

(5)

In any area not zoned LI (Light Industrial).

For purposes of these distance requirements, distance shall be by airline measurement between property lines, using the closest property lines of the parcels of land involved. The term "parcel of land" means any quantity of land capable of being described by location and boundary, designated and used or to be used as a unit.

Shopping center means a group of retail business and service uses on a single site planned and developed as a unit, with common off-street parking facilities.

Sign means a structure or device designed or intended to convey information to the public in written or pictorial form.

Sign area means the entire area within a continuous perimeter, enclosing the extreme limits of sign display, including any frame or border. Curved, spherical, or any other shaped sign face shall be computed on the basis of actual surface area. The calculation for a double-faced sign shall be the area of one face only. Double-faced signs shall be constructed so that the perimeter of both faces coincide and are parallel and not more than 24 inches apart.

Sign face means the area of display surface used for the message.

Sign height means the vertical measurement from the highest part of a sign, including all support structures, to the ground level. Any earth berm or elevated foundation that supports a sign, sign post, or sign support is included in the height of the sign.

Sign structure means construction used or designed to support a sign.

Silviculture means the art of producing, reproducing and growing a forest of distinctive stands of trees.

Site-built means a dwelling unit constructed on the building site from basic materials delivered to the site, and constructed in accordance with the International Building Code. A site-built home must meet the following development standards:

(1)

Minimum width in excess of 28 feet.

(2)

The roof shall have a minimum 5:12 roof pitch, which means having a pitch equal to at least five inches of vertical height for every 12 inches of horizontal run. The roof shall have a surface of wood shakes, asphalt composition, wood shingles, concrete, fiberglass tiles, slate, built up gravel materials or standing seam (noncorrugated tin or steel) or other materials approved by the council. The roof overhang must be at least one square foot when measured from the vertical side.

(3)

The exterior siding materials shall consist of wood, masonry, hardboard, stucco, masonite, or vinyl lap or other materials of like appearance.

(4)

Is attached to a permanent foundation that meets all building code requirements.

(5)

A landing must be installed at each outside doorway. The minimum size of the landing shall be at least four feet by six feet (excluding steps) at each doorway. The structure must include steps which lead to ground level, and both landing and steps must meet the requirements of the International Building Code.

Sketch means a rough drawing that identifies the layout of the development on the parcel.

Solid fence means an artificially constructed barrier of any material or combination of materials generally manufactured for fencing, erected to enclose or screen areas of land in a manner where the area inside the fencing is not readily visible at any distance.

Solid wall means a wall constructed in such a manner to prohibit viewing of land, materials, buildings, etc., located behind the wall, from an individual standing outside and parallel to the wall.

Storage trailer means a trailer commonly attached to a cab or chassis for transportation (For example, a trailer attached to 18-wheel cab for transporting goods).

Story means that portion of a building, other than a cellar, included between the surface of the floor and the ceiling above it.

Street means a public or private thoroughfare which affords the principal means of ingress and egress to abutting property.

Street, public, means a street that is titled by description or deed and vested in Porterdale.

Street line means the legal line between street right-of-way and abutting property.

Structure means anything constructed or erected with a fixed location on or in the ground, or attached to, something having a fixed location on the ground. Structures include, but are not limited to the following: site-built buildings, manufactured, mobile and modular homes, swimming pools, and signs.

Subdivision means the division of a tract, lot or parcel into two or more lots, building sites, or other divisions for the immediate or future purpose of sale, lease, offer or development. Also see chapter 115 of this Code.

Subdivision regulations means the chapter 115 of this Code, as adopted and as may be amended.

Temporary emergency permit means a temporary permit that may be issued in certain circumstances specified in section 119-342(f).

Tower means any structure designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term "tower" includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.

Townhouse means a one-family dwelling unit, with a private entrance which is part of a structure whose dwelling units are attached horizontally in a linear arrangement and having a totally exposed front and rear wall to be used for access, light, and ventilation.

Uplighting means any light source that distributes illumination above a 90-degree horizontal plane.

Variance, area, means a minimal relaxation or modification of the strict terms of the height, area, placement, setback, yard, buffer, landscape strip, parking and loading ordinances as applied to specific property when, because of particular physical surroundings, shape, or topographical condition of the property, not due to the fault of the owner of said property, compliance would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make a profit.

Wetland means an area that is inundated or saturated by surface water or groundwater at a frequency and distribution sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. Wetlands generally include swamps, marshes, bogs and similar areas.

Wetland, function, means the beneficial roles that wetlands serve, including storage, conveyance and attenuation of floodwater and stormwater; protection of water quantity and quality and reduction of erosion; habit for wildlife, including rare, threatened and endangered species; food chain support for a wide variety of wildlife and fisheries; educational, historical and archeological value protection; and scenic, aesthetic and recreational amenities.

Wetland delineation means the establishment of wetland boundaries by a representative of the U.S. Army Corps of Engineers or an authority designated by the Corps.

Wetland protection district means wetlands within Porterdale, which are indicated on the generalized wetland map. The generalized wetland map, together with all explanatory matter thereon and attached thereto, is hereby adopted by reference and declared to be a part of this chapter. The generalized wetland map does not represent the boundaries of jurisdictional wetlands within Porterdale and cannot serve as a substitute for a delineation of wetland boundaries by the U.S. Army Corps of Engineers, as required by Section 404 of the Clean Water Act, as amended. Any local government action under this chapter does not relieve the land owner from federal or state permitting requirements.

Yard means an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard, or the depth of a rear yard, the minimum horizontal distance between a lot line and the main building shall be used.

Yard, front, means an open, unoccupied space on the same lot with the principal use, extending the full width of the lot and situated between the right-of-way line and the building line projected to the side lines of the lot. On corner lots, the front yard is considered parallel to the street upon which the lot has its largest dimension.

Yard, rear, means a yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the building.

Yard, side, means a yard lying between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or in the absence of either of such front or rear yards, to the front or rear lot lines. Side yard width shall be measured at right angles to side lines of the lot.

Yard sale means the selling of used articles on the property of the owner of the articles which does not occur more often that four times per calendar year for no more than three consecutive days or portion thereof. Garage sales are a use incidental to a dwelling.

Zoning action means a request for any action under this chapter, including, but not limited to, rezoning, variance, and conditional use permits.

Zoning administrator means the individual, or his designated representative, who is vested with the duty of administrating land use regulations within the areas of Porterdale.

Zoning district means a section of Porterdale, Georgia, where the zoning ordinance is uniform.

(Code 2003, § 39-101(2)—(192); Ord. of 05-07-2018(1) , § 1)

The council of Porterdale, Georgia, under the authority of Article IX, Section 2, Paragraph 4 of the Constitution of the State of Georgia, and O.C.G.A. title 36, ch. 66, and for the purpose of promoting the health, safety, morals, convenience, order, prosperity, or the general welfare of the city and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and avoid overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other requirements, ordains and enacts into law this chapter.

(Code 2003, § 39-101(1)(C))

When the provisions of this chapter specify more restrictive standards than required by any other statute, the requirements of this chapter shall govern. Whenever the provisions of any other statute require more restrictive standards, the provisions of such statute shall govern.

(Code 2003, § 39-107(1))

Should any section or part of a section or any provision of this chapter be declared by the courts to be unconstitutional or invalid, such declaration shall not affect the validity of the chapter as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.

(Code 2003, § 39-107(2))

(a)

Appeal from the zoning administrator. Any persons jointly or severally aggrieved by any decision of Porterdale Zoning Administrator shall have the right of appeal to Porterdale Council if such appeal is filed with the city clerk/treasurer within 30 days of the rendering of the decision.

(b)

Appeal from council. Any person or persons jointly or severally aggrieved by any decision of the Porterdale Council regarding any zoning matter shall have the right of appeal to the board of zoning appeals if said appeal is filed with the clerk of court within 30 days of the rendering of the decision by Porterdale Council.

(c)

Appeal from board of zoning appeals. Any persons jointly or severally aggrieved by any decision of board of zoning appeals regarding any zoning matter shall have the right of appeal to the Newton County Superior Court if said appeal is filed with the clerk of court within 30 days of the rendering of the decision by the board of zoning appeals.

(d)

Stay of proceedings. An appeal to the court of record stays all proceedings in furtherance of the action appealed from, unless the zoning administrator certifies to the city attorney, after the notice of appeal has been filed with him, that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property.

(Code 2003, § 39-107(7))

(a)

Objectives. The purpose of this chapter is to set forth standards and permissible uses designed to conserve and protect the natural, economic and scenic resources of Porterdale; health, aesthetics, morals, convenience, order, prosperity and general welfare; to provide adequate light and air; to protect natural resources; to prevent the overcrowding of land; to promote desirable living conditions and stability of neighborhoods; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements by dividing Porterdale into districts of such size and shapes as may be best suited to carry out the purposes of the legislative act and of this chapter.

(b)

Method of regulation. The council of Porterdale, Georgia, as authorized by the Constitution of the State of Georgia, adopts zoning regulations for the following purposes: to define certain words used therein; to create zone boundaries; to regulate the location of trades, professions, businesses, and industries; to regulate the density in distribution of population; to provide for the gradual elimination of nonconforming uses of land, buildings and structures; to provide for the method of administration, amendment and enforcement; to provide for the imposition of penalties for violations; repeal conflicting ordinances and resolutions; and for other purposes.

(Code 2003, § 39-101(1)(B), (D))

This chapter shall govern the use of all land and development within the city limits of Porterdale, Georgia, and in accordance with O.C.G.A. § 36-70-5.

(Code 2003, § 39-101(1)(E))

(a)

Use. No building, structure, premises, or land shall be used or occupied and no building or part thereof shall be erected, extended, enlarged, constructed, moved, or altered except in conformity with this chapter.

(b)

Building height. No building or structure shall be erected, constructed or altered that exceeds the height limit for the zoning district in which it is located.

(c)

Lot area and lot size. Unless acquired for public use, or otherwise permitted under this chapter, no lot shall be reduced in size so that it does not comply with the applicable provision of this chapter.

(Code 2003, § 39-102(1)—(3); Ord. of 12-6-2004(1))