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

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

The word "shall" is always mandatory.

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

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

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

The word "used" or "occupied" as applied to any land or building, shall be construed to include the words "intended, arranged or designated to be used or occupied."

The word "map" or "zoning map" means the "Zoning Map of the City of Stone Mountain, Georgia."

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

Aggrieved person: An applicant or owner of property within 300 feet of the property in question or city-sanctioned groups including the historic preservation committee, planning commission, downtown development authority or citizen groups such as the Women's Club, Veterans of Foreign Wars or Rotary Club.

Alcohol outlet: A retail establishment that sells beer, malt beverages, hard cider and/or wine for off-site consumption. This includes grocery stores and retail stores less than 10,000 square feet that may sell beer, malt beverages, hard cider and/or wine for off-site consumption, as well as other products.

Alteration; building and structural: Any change in the supporting members of a building (such as any type of supporting structural member) except such change as may be required for its safety; any addition to a building; any change in use from that of one district classification to another or of a building from one location to another.

Alley: A private or public thoroughfare which affords only a secondary means of access to abutting property and is not intended for general traffic circulation.

Buffer strip: A strip of land planted with evergreen shrubbery so as to form a solid barrier to vision from the ground to a height of six feet.

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

Building, accessory: A subordinate building, the use of which is incidental to that of a principal building on the same lot.

Building, height of: The vertical distance from the mean finished ground level at the front of the building to the highest point of a roof.

Building line: A line establishing the minimum allowable distance between the nearest portion of any building (excluding the outermost three feet of any uncovered porches, steps, gutters and similar fixtures) and the centerline of the street.

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

Commercial vehicle: Any vehicle designed, used or maintained for the transportation of persons, goods, or things used in trade, services, or commerce in general. For the purposes of this ordinance, buses, vans and other vehicles seating more than nine persons used for transportation of people shall be considered a commercial vehicle.

Convenience store: Any retail establishment offering for sale items such as household items, newspapers and magazines, prepackaged food products, beverages, sandwiches and other freshly prepared foods, and beverages, for off-site consumption. When a convenience store sells unopened alcoholic beverages, it is also considered to be an alcohol outlet. A convenience store may also include accessory fuel pumps. Excluded from this definition is any establishment providing automotive maintenance services or repairs.

Cultural exhibit: An exhibition of cultural or historical property where collected objects are put on display to the public.

Dwelling, multi-family: A dwelling unit contained within a building or set of buildings on a common lot containing separate living units for four or more families, having separate or joint entrances, and including apartments and condominiums. These are specifically distinguished from units defined as single-family attached dwellings.

Dwelling, single-family, attached (townhouse): A residential structure designed to house a single-family dwelling from the lowest level to the roof, with a private outside entrance, but not necessarily occupying an individual lot, and sharing a common wall with adjoining dwelling units.

Dwelling, single-family, detached: A residential structure designed to house a single-family dwelling unit located on an individual lot, which is not attached to any other dwelling unit by any means.

Dwelling unit: A dwelling or portion thereof providing facilities for one or more persons living as a nonprofit single housekeeping unit.

Family day care home: Is operated in a private residential home to provide child care for children less than 18 years of age for less than 24 hours per day. Family day care home providers care for three, but no more than six children for a fee.

Group day care home: Is operated by a person, corporation, or institution, to provide child care for children less than 18 years of age for less than 24 hours per day. Group day care homes are licensed for seven to 18 children.

Hotel/motel: An establishment providing, for a fee, sleeping accommodations and customary lodging services, including maid service, the furnishing and upkeep of furniture and bed linens, and telephone and desk service. Related ancillary uses may include but shall not be limited to conference and meeting rooms, restaurants, bars, and recreational facilities.

Lot: A portion of land devoted to a common use or occupied by a building or group of buildings devoted to a common use by a legal subdivision process based on an approved plat of record, together with the customary accessories and open spaces belonging to the same.

Lot width: The shortest distance between the side lot lines, measured at the midpoint of the building line.

Manufactured home: A building, transportable in one or more sections, built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term includes any structure commonly referred to as a "mobile home" regardless of the date of manufacture. The term also includes parked trailers, travel trailers and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property.

Nonconforming use: Any building or land lawfully occupied by a use at the time of passage of the ordinance or amendment thereto which does not conform after the passage of this ordinance or amendment thereto with the use 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.

Package store: A retail establishment that sells distilled spirits for off-site consumption.

Retail: The sale of goods, wares, or merchandise directly to the end-consumer. Other uses defined and regulated by this code shall not fall under "retail."

Short-term lodging—Homestay: A residential type establishment, with commercial enterprise, offering an individual bedroom within a residential establishment that serves as a host's principal residence, including any single-family or accessory apartment, that provides lodging for pay, for a maximum continuous period not to exceed 29 consecutive days, that does not include serving food.

Short-term lodging—Vacation home facility: A residential type establishment, with commercial enterprise, offering whole house rental with no more than four lodging rooms for temporary occupancy for a fee and that does not offer food to guests.

Sign: Shall mean a device, structure or representation for visual communication which is used for the purpose of bringing the subject thereof to the attention of others. For purposes of this ordinance, the term "sign" shall include the structure upon which a sign face is located. Any device, structure or representation for visual communications which is used for the purpose of bringing the subject thereof to the attention of others that is wholly located within a completely enclosed building and is located a minimum of three feet away from any opening or exterior window or and seasonal holiday decorations shall not be included within the definition of "sign" and regulated as such.

Sign, area of: Shall mean the total area upon which a message is displayed on any sign consisting of the smallest square, rectangle, triangle, circle, or combination thereof, which encompasses the entire sign, inclusive of any border and trim, but excluding the base, apron, supports, and other structural members.

Sign, free-standing: Any sign which is not supported by a wall or roof of a building, or which extends more than three feet horizontally from the wall of a building.

Smoke shop: Any business establishment dedicated to the display, sale, distribution, delivery, offering, furnishing, marketing or use of tobacco, tobacco products, or alternative nicotine products/instruments, or any combination thereof, including but not limited to cigarettes, cigars, e-cigarettes, hookahs, and vapes. This definition shall not include any grocery stores, gas stations or similar retail use that only sells conventional cigars, or alternatively sells cigarettes only as an accessory sale (ten percent or less of total sales).

Street: A public or private thoroughfare, not less than 40 feet wide, which is open to the general public and which affords the principal means of access to abutting property.

Yard: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. 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 the lot line and the main building shall be used.

Yard (front): A yard extending across the front of a lot between the side yard lines, and being the minimum horizontal distance between the street line and the main building or any projections thereof other than the projections of uncovered steps, uncovered balconies or uncovered porches. On multi-frontage lots all yards fronting on a public street hall be considered front yards.

Yard (side): A yard between the main building and the side line of the lot; extending from the front lot line to the rear yard; being the minimum horizontal distance between a side lot line and the side of the main building or any projections thereto.

Yard (rear): A yard extending across the rear of a lot between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof, other than the projections of uncovered steps, unenclosed balconies or unenclosed porches, provided that said projections be at least 20 feet from the rear lot lines. On all corner lots the rear yard shall be at the opposite end of the lot from the front yard.

(Ord. No. 2020-06, Pt. I, 7-7-20; Ord. No. 2023-05, § 1(Exh. A), 6-20-23; Ord. No. 2024-06, § 1(Exh. A), 9-3-24; Ord. No. 2024-07, § 1(Exh. A), 9-3-24)