Except as specifically defined herein, all words used in this ordinance have their customary dictionary definitions. For the purposes of this ordinance, certain words and terms used herein shall be defined as follows.

For the purposes of this ordinance, the following words and terms shall be interpreted to have similar meanings:

(401.1) Words used in the singular number include the plural and words used in the plural number include the singular.

(401.2) Words used in the present tense include the future tense.

(401.3) The word "shall" is always mandatory and never discretionary or directory.

(401.4) The word "structure" includes the word "building."

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

(401.6) The word "may" is always discretionary and never mandatory.

(401.7) The word "lot" shall include the words "plot" and "parcel."

(401.8) The words "map" or "zoning map" shall refer to the official zoning map of the City of Smyrna, Georgia.

(401.9) The words "zone," "zoning district," and "district" have the same meaning.

(401.10) The phrase "used for" as applied to any land or building shall include the phrases "arranged for," "designed for," "intended for," "maintained for," or "occupied for."

(401.11) The word "person" shall include the words "individual," "firm," "partnership," "corporation," "association," "organization," "trust," "company," or any other legal entity.

For the purpose of interpreting this ordinance, certain words and terms used herein shall be defined as follows:

Accessory building or use. A use or a structure subordinate to the principal use or building on a lot and serving a purpose customarily incidental to the use of the principal building, provided any such structure is built with or after the construction of the principal building. Where an accessory building is attached to the main building in a substantial manner, as by a wall or roof, such accessory building shall be considered part of the main building.

Accessory special event parking. The provision of special event parking to the public for a fee in a parking area that normally provides required or excess parking for a particular non-residential establishment.

Accessory special event parking area. The designated area(s) to be used for accessory special event parking as designed per section 901 of the zoning ordinance.

Alley. A public or private way, at the rear or side of property, permanently reserved as a means of secondary vehicular access to abutting property. Frontage on said alley shall not be construed as satisfying the requirements of this ordinance related to frontage on a dedicated street.

Apartment building. A building containing three or more dwelling units operated under single ownership and rental agreements and occupied by families living independent of each other.

Apartment development. Two or more apartment buildings located on a tract of land of at least two acres and developed in accordance with section 1009.

Assisted living facility. A facility designed for housing adults who need help with everyday tasks, such as dressing, bathing, eating, or using the bathroom, but they do not need full-time nursing care. Rooms are generally self-contained, i.e. having their own small efficiency kitchenette, bathroom, living area, and bedroom. Alternatively, individual living spaces may resemble a dormitory or hotel room consisting of a private or semi-private sleeping area and a shared bathroom. Common areas for socializing, as well as a central kitchen and dining room for preparing and eating meals, are required. Rooms are leased, rather than owner-occupied. Because they do not have complete kitchens or meet the minimum square footage for dwelling units as defined by the city's zoning ordinance, assisted living facilities are not considered dwelling units.

Automobile broker office. An office used by a dealer to provide the service of arranging, negotiating, assisting, or effectuating the purchase of a motor vehicle, not owned by the dealer for another. No vehicles will be allowed for sale, displayed, or stored at the location. The location may be used as an office only. The only vehicles allowed on the property shall be the employee's and clients. Any exterior signs shall indicate automobile broker's office only.

Automobile service station (gas, filling station). A building or structure used for the retail sale and dispensing of fuel, lubricants, tires, batteries, accessories, and supplies, including installation and minor services customarily incidental thereto; facilities for washing and for chassis and gear lubrication of vehicles are permitted if enclosed in a building.

Automobile storage yards or lots. A lot or group of contiguous lots used for the storage, display or sale of operable automobiles.

Balcony. A platform projecting from the wall of an upper story, enclosed by a railing or balustrade, with an entrance from the building and supported by brackets, columns, or cantilevered out.

Balustrade. A railing composed of small posts (balusters) with a rail running along the top, usually found along the edge of stairs, a porch, a balcony, a roof, or a stoop.

Barrel. 53 gallons of distilled spirits or 31 gallons of malt beverages.

Basement (cellar). A portion of the building partly underground which has more than one-half of its height measured from finished floor to finished ceiling above the average grade of the adjoining ground; and not deemed a story unless the ceiling is six feet or more above the average grade.

Bay window. A window that protrudes from the rest of the building, usually polygonal or square.

Brewer. A manufacturer of malt beverages.

Brewery. Any establishment other than a brewpub, which is licensed by the state as contemplated by O.C.G.A. tit. 3, ch. 5, art. 2, as amended, where malt beverages are manufactured and sold for consumption on and off of the premises.

Brewpub. Any eating establishment in which beer or malt beverages are manufactured or brewed, subject to the barrel production limitation established by state law. As used in this paragraph, the term eating establishment means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food; provided, however, that when determining the total annual gross food and beverage sales, barrels of malt beverages sold to licensed wholesale dealers, or to the public for consumption off premises, shall not be used.

Buffer strip. That portion of a lot set aside for open space and visual and/or sound screening purposes; such space to be developed or improved with appropriate plantings and/or a fence or wall as may be required in certain locations to reduce the conflicting or adverse effects of different uses abutting each other.

Building. Any roofed structure attached to the ground and enclosed and isolated by exterior walls and constructed, intended or used for residence, business, industry or other private or public purposes; or use accessory thereto.

Building, height of. The vertical distance measured from the grade to the highest point of the coping of a flat roof; to the deck lines of a mansard roof; or to the average height between the eaves and ridge of a gable, hip or gambrel roof. "Grade" is defined as the average elevation of the ground on all sides of a building.

Building, principal. A building in which is conducted the principal use of the lot on which said building is situated.

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

Carnival. An enterprise engaged in the operation of carnival rides subject to regulation by any state or federal agency or department.

Carnival rides. Any mechanical device, subject to regulation by any state or federal agency or department which conveys passengers along, around, or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleasure, thrills, or excitement but excluding coin operated rides on stationary foundations and playground equipment such as swings, seesaws, slides, jungle gyms, rider propelled merry-go-rounds, and moonwalks.

Carwash. A building, or portion thereof, where automobiles are washed with the use of a chain conveyor and blower, steam cleaning device, roll-over device or other mechanical technique, and also including self-service carwashes.

Central business district (CBD). The central business district (CBD) encourages the intensive development of a centralized business center for the city through uses which will benefit from close proximity to one another.

Church. Any building whose primary function is to serve as a place of worship and within which religious education and related activities may be conducted as an accessory use.

Circus. A traveling show or entertainment which consists of a combination of any of the following: clowns, a menagerie, aerial, acrobatic or animal feats, sideshows, or related amusements.

Class A apartment complex. A newly constructed apartment complex that meets current upscale multifamily industry standards with regards to site design, architectural design, interior features and amenity features.

Clinic. A "medical or dental clinic" is an organization of specializing physicians or dentists, or both, who have their offices in a common building. A clinic may include laboratory facilities in conjunction with normal clinic services; however, no overnight stay of patients shall be permitted.

Club or lodge, private. Building and facilities owned or operated by a corporation, association, person or persons for a social, educational, fraternal or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

Cornice. A horizontal molded projection that crowns or completes a building or wall.

Curb break. Any interruption or break in the lines of a street curb for the purpose of connecting a driveway to a street, or otherwise to provide vehicular access to abutting property.

Dessert wine. A wine having an alcoholic strength of more than 14 percent alcohol by volume but not more than 24 percent alcohol by volume.

Condominium. Individual ownership units in a multifamily dwelling combined with joint ownership of common areas of the building and grounds, used in accordance with all applicable provisions of this ordinance and the Apartment Ownership Act of 1963 (Ga. Laws 1963, p. 561) and the Georgia Condominium Act (O.C.G.A. § 44-3-70 et seq.).

Distilled spirits. Any alcoholic beverage obtained by distillation or containing more than 24 percent alcohol by volume.

Distiller. A manufacturer of distilled spirits. In the case of distilled spirits, "manufacturer" means any person engaged in distilling, rectifying, or blending any distilled spirits; provided, however, that a vintner that blends wine with distilled spirits to produce a fortified wine shall not be considered a manufacturer of distilled spirits.

Distillery. Any establishment where distilled spirits are manufactured.

Dormer. A small structure that projects from a sloping roof with a window in the façade face.

Drive-in establishment. An establishment which is designed to provide, either wholly or in part, service to customers while in their automobiles parked upon [the] premises.

Dwelling, multifamily. A building designed for and containing three or more dwelling units.

Dwelling, single-family. A building designed for and containing one dwelling unit.

Dwelling, single-family, attached. A dwelling unit which is located on an individual lot of record and which is attached to another dwelling unit or an adjoining lot by a common party wall.

Dwelling, two-family (duplex). A building designed for and containing two dwelling units.

Dwelling unit. A building, or portion thereof, designed, arranged and used for living quarters for one family only, but not including units in hotels or other structures designed for transient residence. An individual bathroom and complete kitchen facilities, permanently installed, shall be contained within each dwelling unit.

Extended stay motel and hotel. One or more buildings in which lodging, or dwelling are provided for tenants, wherein the term of stay is designed for more than one night's lodging. Rental units consist of one or more rooms plus a bath, without separate kitchen facilities common to apartments. Any atypical motel or hotel unit used as an apartment. Included, but not by way of limitation, in distinguishing extended stay facilities from apartments or hotels are:

a.

Weekly rental rates, as opposed to nightly charge with 24-hour check-in/check-out periods.

b.

Whether or not daily mail service is provided.

c.

Whether or not linens, towels and the like usually found in motel and hotels are furnished.

d.

Any other factors which tend to demonstrate that the business depends upon extended tenant occupancy, excluding property zoned apartments.

Façade. The exterior faces of a building.

Family. One or more related persons or three or less unrelated persons occupying a dwelling unit and living as a single housekeeping unit.

Fence. A barrier consisting of posts, wire and/or boards which shall be constructed of only the following materials were allowed in such zoning district; chain-link, woven wire, decorative or ornamental rail, split rail, picket, stockade, basket weave, brick, rock, block, concrete or stucco. The height of any fence, unless noted otherwise, shall not exceed eight feet.

Fenestration. The arrangement of windows and doors on the façade of a building.

Flea market. A place where merchandise is exposed for sale in an open area or enclosed structure where groups of individual sellers with designated positions occupied by different sellers offer merchandise for sale to the public.

Floodplain. That area within the intermediate regional flood contour elevations subject to periodic flooding as designated by the county roads and bridges director based upon the U.S. Corps of Engineers' flood plain information reports and other federal, state or county hydraulic studies.

Floor area. The gross horizontal areas of the several floors of a building, exclusive of garages, basements, open porches, and equipment and service areas, measured from the exterior face of the exterior walls of a building.

Fortified wine. Any alcoholic beverage containing not more than 24 percent alcohol by volume made from honey, fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. The term includes, but is not limited to, brandy.

Gable. The triangle end of a wall formed by the slope of a roof.

High-rise apartment development. A building or buildings of at least four stories or 45 feet in height located on a tract of land of at least two acres and developed in accordance with article X, section 1015.

Grade. An average level of the finished surface of the ground adjacent to the exterior walls of a building or structure.

Home occupation. An occupation or activity customarily conducted entirely within a dwelling unit by the occupants thereof, which is clearly incidental and secondary to the use of the dwelling unit for residential purposes and is conducted in accordance with the applicable provisions of section 505. Home occupation shall include the use of premises by salesmen, manufacturer's agents, insurance agents or representatives and contractors, when said salesmen, agents, representatives or contractors do not carry any inventory of goods or commodities for sale or warehousing upon the premises, other than samples which might be transported by hand and which are usually carried by such salesmen, agents, representatives or contractors into a prospect's office or place of business, also that the residence of said salesmen, agents, representatives or contractors is not used as a place where prospective clients would call in the normal course of business carried on by such salesmen, agents, representatives or contractors.

Hospital. A building or portion thereof designed or used for therapeutic treatment of bed patients who are physically or mentally ill.

Hotel. A building in which lodging or boarding and lodging facilities are provided for at least 15 transient guests and offered to the public for compensation and in which ingress and egress to and from all rooms are through an inside lobby or office supervised by a person in charge at all hours.

Independent senior living housing. A type of multi-family residential facility where the residents are adults, age 55 and older, that can live independently without daily assistance. Services and amenities may be provided within the building, such as meals, socialization, and recreation; but does not include assistance with daily personal tasks such as bathing, dressing, toileting or eating. Independent living includes both rental assisted and market rate apartments or cottages or can be bought in perpetuity on the same basis as a condominium.

Units are generally comparable in size to other non-senior housing in the market and therefore are considered to be dwelling units, as defined by the city's zoning ordinance.

Junkyard. Any land or building or other structure used for the storage, collection, processing or conversion of any worn out, cast-off, or discarded metal, paper, glass or other material, which is ready for destruction, or has been collected or stored for salvage or conversion to some use.

Landscape contractor. A business principally engaged in the decorative and functional alteration, planting and maintenance of grounds, including the installation of hardscape such as stonework, patios, decks, arbors and other decorative elements of the landscape. Such a business may engage in the installation and construction of underground improvements but only to the extent that such improvements (e.g. irrigation or drainage facilities) are accessory to the principal business and are necessary to support or sustain the landscaped surface of the ground.

Landscape zone. A landscaped area with a minimum width of eight feet located immediately adjacent to the street and shall be located between the curb and sidewalk. This zone may be used for street trees, streetlights, benches, planters, trash receptacles, bicycle parking racks and other street furniture, pedestrian lights, landscaping, or sod.

Lot (parcel). A developed, or undeveloped tract or parcel of contiguous land owned and legally transferable as a single unit of land.

Lot, corner. A lot fronting on two streets at their intersection, provided that the interior angle formed by the intersection is less than 135 degrees. When the frontage on one street exceeds the frontage on the other, the one with the least frontage shall be deemed the front of the lot.

Lot coverage. The percentage of a lot which may be covered with buildings or structures, excluding walks, drives, and other similar uses, and recreational facilities which are accessory to a permitted use.

Lot, double frontage. A lot, other than a corner lot, which has frontage on two streets.

Lot depth. The average horizontal distance between front and rear lot lines.

Lot frontage. The distance for which the boundary line of a lot and a street right-of-way line are coincident.

Lot of record. A lot which is part of an approved subdivision, a plat of which has been recorded in the office of the clerk of the county superior court; or a parcel of land, the deed of which has been recorded in the office of the clerk of the county superior court as of the effective date of this ordinance.

Lot width. The distance between side lot lines measured at the minimum building setback line.

Major thoroughfare. A street or highway designated as an arterial thoroughfare upon the city thoroughfare plan.

Malt beverage. Any alcoholic beverage obtained by the fermentation of any infusion or decoration of barley, malt, hops, or any other similar product, or any combination of such products in water, containing not more than 14 percent alcohol by volume and including ale, porter, brown, stout, lager beer, small beer and strong beer. The term "malt beverage" does not include sake, known as Japanese rice wine.

Minor thoroughfare. A street or highway designated as a collector thoroughfare upon the city thoroughfare plan.

Mobile home. A detached, single-family dwelling unit designed to be transported on its own wheels and designed for immediate and long-term occupancy and usually containing major appliances and furniture. Removal of the wheels and placement on a foundation does not change its classification. A travel trailer is not a mobile home.

Modular home. A factory-fabricated, transportable building consisting of units designed to be incorporated at a building site on a permanent foundation into a permanent structure to be used for residential purposes.

Motel. One or more buildings in which lodging, or board and lodging are provided for transient guests (primarily the motoring public) for compensation. Ingress and egress to and from all rooms are made primarily directly from an exterior walkway rather than from an inside lobby.

Nonconforming use. Any building or land lawfully occupied by a use at the time of passage of this ordinance or amendment thereto which does not conform after the passage of this ordinance or amendment thereto with the regulations of the district in which it is situated. (Existing improvements which do not meet required parking and loading regulations, height regulations, area regulations, and residential floor area regulations for the district in which they are located are not nonconforming uses as defined above).

Non-emergency ambulance service. A privately-owned facility for the dispatch, storage, and maintenance of medical care vehicles. The facility shall provide non-emergency transportation to and from hospitals, out-of-hospital medical care facilities and funeral homes.

Nursing home. Any building in which three or more aged, chronically ill or incurable persons are housed and furnished with meals and nursing care for compensation, but not including hospitals, clinics or similar institutions devoted primarily to diagnosis and treatment.

Open space. That portion of a lot, including required yards, which is open and unobstructed from its lower level to the sky, with the exception of natural foliage or accessory recreational facilities or walkways, which is accessible to all persons occupying a building on the lot and is not part of the roof of any portion of any building.

Outdoor recreational facility. An outside area designed and equipped for the conduct of sports and leisure time activities, other than tennis courts or golf courses, which includes but is not limited to baseball, basketball, softball, volleyball, soccer, football, and lacrosse.

Parapet. A low protective wall or railing along the edge of a raised structure such as a roof or balcony.

Parking space. A usable, hard-surfaced area enclosed within a main or accessory building, or unenclosed, and permanently reserved for the temporary storage of one vehicle. Such space shall be connected with a public street or alley by a surfaced driveway which affords safe and adequate ingress and egress.

Parking lot or garage. An area or building designated and designed for the temporary storage of motor vehicles for a fee or as a service.

Patio. A patio is an at grade outdoor space generally used for dining or recreation that adjoins a structure and is typically paved.

Pilasters. A rectangular column, especially one projecting from a wall.

Porch. A roofed structure, usually open at the sides, projecting from the face of a building and used to protect the entrance.

Portico. An open porch composed of a roof supported by columns, leading to the entrance of a building.

Private dog park. A recreation area contiguous to the building that is owned or leased and maintained and controlled by the licensee and used exclusively for recreational purposes of dogs within an enclosed area.

Projection window. A window that instead of being flushed to the wall, has an arched design made up of three or more panels that results in the window projecting from the wall on the exterior of the home.

Satellite antenna. Any apparatus which is designed for the purpose of receiving telephone, radio, microwave, satellite or similar signals, with the exception of conventional television antennas.

Special event. An event or gathering using private or public property, that draws an estimated number of participants and spectators for or has the seating capacity to accommodate at least 2,000 people present on any day of the event.

Stoop. A small porch, platform, or staircase leading to the entrance of a house or building.

Story. That portion of a building, other than a basement, contained between the surface of any floor and the surface of the next floor above it, or if there is no floor above, then the space between the floor and the ceiling next above it. Each floor or level in a multistory building used exclusively for parking, even if below grade, shall be classified as a story.

Street. A dedicated and accepted public right-of-way which affords primary access to abutting property.

Street, centerline of. The line surveyed and monumented by the county, the state department of transportation, or the city, or if a centerline has not been surveyed and monumented, it shall be that line running midway between the right-of-way lines of the street.

Street right-of-way. The dividing line between a lot, tract or parcel of land and a street right-of-way.

Structure. Anything constructed or erected, the use of which requires a location on the ground or attached to something having a location on the ground, including but not limited to tennis courts, fences, swimming pools and buildings.

Structural alteration. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders or any structural change in the roof or dimension of the rooms therein.

Temporary structure. Any building, structure or enclosure not having its exterior walls supported on in-ground permanent foundations or walls. This shall include, but not be limited to any shed, structure, building, portable structure, trailer, tent, temporary portable storage container or enclosure of any kind.

Table wine. A wine having an alcoholic strength of not more than 14 percent alcohol by volume.

Temporary portable storage container. A large portable structure designed or utilized for the temporary storage of commercial or residential goods, that does not contain a foundation or wheels for movement.

Townhouse/townhome. A single-family dwelling constructed as part of a series of three or more dwellings separated by property lines, all of which are either attached to the adjacent dwelling or dwellings by common walls or are located immediately adjacent thereto with no visible separation between the walls or roofs. These dwellings shall be at least two stories, not including a basement and be separated from adjoining houses in the same row or group by architectural style, changing of facade, or offsets. Ownership is in fee simple.

Trailer, camping. Any portable structure or vehicle designed for highway travel which is used or intended to be used for either living, sleeping, cooking or eating purposes, and which may include all or one of the following facilities: a flush water closet, a lavatory, a bath or shower, and kitchen sink, but which is not intended for permanent residence.

Turret. A small tower or tower shaped projection on a building.

Variance. A modification of the literal provisions of this ordinance when strict enforcement of said provisions would cause undue hardship owing to circumstances unique to the individual property on which the variance is sought.

Wine. Any alcoholic beverage containing not more than 24 percent alcohol by volume made from honey, fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. The term includes, but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, special natural wines, rectified wines, and like products. The term does not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage.

Winery. Any establishment where wines are manufactured.

Yard. That area of a lot between the principal building and adjoining lot lines, open, unoccupied and unobstructed by any portion of a structure from the ground upward, except where encroachments and accessory buildings are expressly permitted herein.

Yard, front. An open, unoccupied space on the same lot with a principal building, extending across the full width of the lot between side lot lines, and situated between the street right-of-way line and that line representing the minimum front yard setback requirements.

Yard, rear. An open, unoccupied space on the same lot with a principal building, extending across the full width of the lot between side lot lines, and situated between the rear lot line and that line representing the minimum rear yard setback requirements.

Yard, side. An open, unoccupied space on the same lot with a principal building, situated between the sideline of the lot and that line representing the minimum required side yard setback and extending from the rear line of the front yard to the front line of the rear yard.

(Ord. of 12-29-77; Ord. of 12-6-82, § 1; Ord. of 6-6-88 (88-11), § 1; Ord. of 10-15-90 (90-35); Ord. of 11-4-91 (91-36); Ord. No. 95-05, 8-7-95; Ord. No. 2002-10, 6-17-02; Ord. No. 2006-14, 6-19-06; Ord. No. 2007-7, 6-18-07; Ord. No. 2008-7, 6-16-08; Ord. No. 2009-6, 5-18-09; Ord. No. 2011-11, 6-20-11; Ord. No. 2013-08, 6-3-13; Ord. No. 2016-17, 6-6-16; Ord. No. 2017-02, 1-17-17; Ord. No. 2018-21, 12-17-18; Ord. No. 2019-20, 10-21-19; Ord. No. 2020-10, 9-21-20; Ord. No. 2020-16, 11-16-20; Ord. No. 2021-05, 4-19-21; Ord. No. 2021-10, 5-17-21; Ord. No. 2022-13, 6-6-22; Ord. No. 2022-21, 9-9-22)