2-1.1. Words used in this ordinance shall have their customary meanings except for specific words which will be defined in this section.

2-1.2. Words used in the present tense shall include the future tenses.

2-1.3. Words in the singular number include the plural number; and words in the plural number include the singular.

2-1.4. The word "person" shall mean any individual, firm, association, partnership, trust, company or corporation.

2-1.5. The word "shall" is mandatory. The word "may" is discretionary.

2-1.6. The words "used" and "occupied" as applied to any land or building shall include the words "intended, designed or arranged to be used or occupied."

2-1.7. The word "building" includes the word "structure."

Accessory use. An accessory use is one which:

(1)

Is subordinate to and serves a principal structure or use;

(2)

Is subordinate in area, extent and purpose to the principal structure or use served;

(3)

Is located on the same lot as the principal structure or use; and

(4)

Is customarily incidental to the principal structure or use.

Adjoining lot. Land immediately adjacent to the lot in question, including lots located immediately across streets, alleys, watercourses of less than 100 feet in width, drainage easements and other rights-of-way.

Alley. A thoroughfare either used or shown on any recorded description of the subject parcel(s) which affords only a secondary means of access to abutting property.

Alteration of building. Any addition to the height, width or depth of a building or structure; or any change in the location of the exterior walls.

Automobile sales lot. A lot which is used principally for the storage and sale of complete and operable automobiles.

Automobile wrecking yard. A lot where three or more vehicles not in running condition, or parts thereof, are stored, or any building or structure used principally for wrecking and storage of automobiles not in running condition.

Billboards. Any sign or advertisement used as an outdoor display by the painting, posting or affixing on any surface of a picture, emblem, words, figures, numbers or letters; such sign or advertisement being remote from the point of sale.

Buffer. A portion of a lot set aside for open space and visual screening between land uses to minimize conflicts between them.

Building. A structure built, maintained or intended for use as a shelter for persons, animals or property of any kind. Where independent units with separate entrances are separated by common walls, each unit is a separate building.

Building, accessory. A building which:

(1)

Is subordinate to and serves a principal structure or use;

(2)

Is subordinate in area, extent and purpose to the principal structure or use served;

(3)

Is located on the same lot as the principal structure or use served; and

(4)

Is customarily incidental to the principal structure or use.

Building height. The vertical distance measured from the average established grade at the building line to the highest point of the structure.

Building, principal. A building in which is conducted, or in which is intended to be conducted, the main or principal use of the lot on which it is located.

Central business district the term "central business district" is defined as follows: For a point of beginning, commence at the northeastern corner of parcel S-18 025, and proceed thence in a general westerly direction along the southern right-of-way of East W. T. Sharpe Drive to a point at the northwestern corner of parcel S-18 026; proceed thence in a general westerly direction across North Main Street to a point on the northeastern corner of parcel S-18 054; proceed thence in a general westerly direction along the southern right-of-way of West W. T. Sharpe Drive to a point at the northwestern corner of parcel S-18 079; proceed thence across Maple Street to a point located at the northwestern corner of parcel S-18 093; proceed thence along the western boundaries of parcels S-18 093 and S-18 092 to the southeastern corner of parcel S-18 092 to a point; thence in a general southerly direction along the western right-of-way of Maple Street to a point located at the northwestern corner of parcel S-18 089A; proceed thence in a general southerly direction along the western boundaries of parcels S-18 089A, S-18 089C, S-18 089, S-18 089B, and S-18 086 to a point located at the southwestern corner of parcel S-18 086; thence in a general easterly direction along the northern right-of-way of West Ogeechee Street along the eastern boundaries of parcels S-18 033, S-18 032, S-18 031, S-18 030, S-18 029, S-18 028, S-18 027, and S-18 025, back to a point of beginning. Tax Map S-18 dated January, 2007, is expressly incorporated herein and made a part of this description of the central business district. A copy of the relevant portion of map S-18 is attached hereto, and is made a part hereof, with the red line forming the outer boundaries of the central business district, and the properties shaded in yellow being a part of the central business district for purposes of this ordinance.

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

Customary home occupation. An occupation, profession or trade customarily carried on by an occupant in a dwelling unit as a secondary use which is clearly incidental to the dwelling unit for residential [purposes] and which meets with the following conditions:

(a)

The occupation, profession or trade is carried on wholly within the principal building.

(b)

Not more than 25 percent of the floor area of the principal building is used for the conduct of said home occupation.

(c)

No merchandise or articles are displayed for advertising purposes, nor are [they] displayed in such a way as to be visible from outside the dwelling.

(d)

No merchandise or articles are stored other than inside the principal building.

(e)

There is no alteration of the residential character of the building or premises.

(f)

No person who is not a resident on the premises is employed.

(g)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.

Day nursery, day care center. Any agency, institution, center, home, nursery school, kindergarten, play school or other place, however styled and whether operated under public auspices, as a private business, or by an established religious denomination, in which are received for temporary custodial care apart from their parents, part of the day or all of the day or night, and upon any number of successive days, one or more children not related to the persons providing such temporary custodial care.

Dwelling. Any building which is designed or used for permanent living quarters for one or more families.

Dwelling, multifamily. A building designed for and used as a residence for three or more families and consisting of three or more separate dwelling units.

Dwelling, single-family. A dwelling designed for and occupied by not more than one family and having no roof, floor or wall in common with any other dwelling unit.

Dwelling, two-family. A building designed for and used as a residence for two families and consisting of two separate dwelling units; also referred to as a "duplex."

Family. One or more persons related by blood, marriage, adoption or guardianship and not more than three unrelated persons occupying a dwelling unit and living as a single housekeeping unit.

Flood. A temporary rise of water level in lakes, ponds, rivers, streams, natural drainage courses, artificial drainage courses or other waterways that results in inundation of areas not ordinarily covered by water.

Flood hazard area. Those areas subject to periodic inundation by large floods which occur with calculable flood frequency and subject to flooding which may reasonably be expected to cause damage or hazard of damage sufficient to justify protection therefrom.

Frontage. The distance along which the property abuts one side of a street, roadway, highway or right-of-way.

Garage. A building or structure used, or intended to be used, for the parking and/or storage of motor vehicles.

Group commercial or industrial development. More than one commercial or industrial structure erected on a single lot.

Group housing development. More than one residential structure (single-family, duplex or multifamily) on a single lot.

Hotel. A building or group of buildings used, or intended to be used, for the provision of daily lodging of persons for compensation.

Industrial dwelling (modular home). Any structure or component thereof designed for residential purposes which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to, or destruction thereof. An industrial dwelling is not to be construed to include a manufactured home. An industrial dwelling will have a DCA decal evidencing approval of the Commissioner of the Georgia Department of Community Affairs, and shall be placed on a permanent foundation.

Junkyard. Any use involving the storage or disassembly of wrecked automobiles, trucks or other vehicles, or the dismantling, demolition or abandonment, sale or resale of junk, including scrap metal, used paper or other scrap materials, salvaged house wrecking and structural steel materials and equipment, storage, baling or otherwise dealing in bones, animal hides, cloth or rags, used plumbing fixtures, appliances, furniture and used brick, wood or other building materials. Such uses shall be considered junkyards, whether or not all or part of such operations are conducted inside a building or in conjunction with, in addition to, or accessory to, other uses of the premises.

Land use plan. A plan consisting of proposals as to how physical development should take place in the future. Reference is made to the "Sylvania Future Land Use Plan, 1978," and subsequent modifications, editions and revisions of this plan.

Lot. A piece, parcel or plat of land which may consist of one or more platted lots in one ownership, occupied or intended to be occupied by one principal building and its accessory building, including the open space required by this ordinance.

Lot, corner. A lot which abuts at the intersection of two or more streets, or upon a curved street, provided that the two sides of the lot intersect to form an interior angle of not more than 135 degrees.

Lot, depth. The mean distance between the front and rear lot lines, measured in the general direction of the side lot lines.

Lot frontage. The distance between the side lot lines measured at the street right-of-way line.

Lot width. The mean distance between the side lot lines measured at right angles to those side lot lines.

Major street. A street designated as a major street on the "Official Street Map."

Manufactured home. A structure, transportable in one or more sections which in the traveling mode is eight body feet or more in width or forty body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein.

Manufactured home park. A parcel of land under single ownership which has been planned and improved for the placement of two or more manufactured homes for nontransient use.

Miniwarehouse. A one-story building or series of one-story buildings with separate enclosed areas available for rent for the storage of personal goods.

Mobile home. A manufactured home that was built prior to June 16, 1976 and which does not have affixed to it the seal of approval of the U. S. Department of Housing and Urban Development. No additional mobile homes shall be allowed to be placed in the city subsequent to the date of this ordinance.

Motel. A building or group of buildings used, or intended to be used, for the provision of daily lodging of persons for compensation, with a provision for direct vehicular access to each unit.

Nonconforming use. Any building, structure or use existing at the time of enactment of this ordinance or subsequent amendment that does not conform to the regulations of the zoning district in which it is located.

Off-street loading space. The area required to load or unload goods or other material, plus the necessary driveways and maneuvering areas.

Off-street parking space. The area required to park one automobile, plus the necessary driveways and maneuvering areas.

Personal care. Shall mean protective care and watchful oversight of a resident who needs a watchful environment but who does not have an illness, injury or disability which requires chronic or convalescent care including medical and nursing services. Protective care and watchful oversight includes but is not necessarily limited to a daily awareness by the care provider of the resident's functioning, his or her whereabouts, the making and reminding a resident of appointments for medical checkups, the ability and readiness to intervene if a crisis arises for a resident, supervision in areas of nutrition, medication and actual provision of transient medical care, with a 24-hour responsibility for the well-being of the resident.

Personal care home. A building occupied as a permanent primary residence and also occupied by up to five unrelated ambulatory adults who reside there temporarily or long term and receive services, including room, meals and personal care from the permanent occupants. This term does not include buildings which are devoted to independent living units which include kitchen facilities in which residents have the option of preparing and serving some or all of their own meals or boarding facilities which do not provide personal care.

Public notice. As required by Georgia law, a notice published in the newspaper of general circulation in Sylvania, Georgia, setting forth the time, place and purpose of a public hearing on a proposed zoning decision, at least 15 but not more than 45 days prior to the date of the hearing.

R-1 home occupations. Any occupation or profession engaged in by the family of the owner of an R-1 dwelling unit, not including the conduct of a retail, manufacturing or repair business of any kind on the premises. R-1 home occupations shall not be conducted in any new building constructed on the premises for business purposes. Outbuildings in existence when this ordinance is adopted may be adapted by the owner for home occupation purposes, provided such adaptation does not damage the residential nature of the R-1 neighborhood. In general, R-1 home occupations shall be limited to personal services such as are furnished by a physician, dentist, accountant, bookkeeper, music teacher, hairdresser, artist or seamstress, when performed by the occupant of a private dwelling when only family members of the owner are employed.

Radial lot. An irregular (pie-shaped) lot fronting on a curved street, and which is formed by its side lot line(s) being established along the course of a radius from the axis of the street curve.

Setback line, building setback line. A line beyond which no foundation wall, eave or other part of any building shall project, unless specified exceptions are made elsewhere in these regulations.

Shopping center. A group of three or more commercial establishments planned, developed and managed as a unit with off-street parking provided on the property.

Signs. Any device designed to inform or attract the attention of persons not on the premises on which the device is located.

Structure. Anything constructed or erected, the use of which requires location on the ground or attachment to something having a location on the ground.

Subdivision. Any division or redivision of a lot, tract or parcel into two or more lots, tracts, sites or parts by means of mapping, plotting, conveyance or rearrangement of boundaries. See also: Subdivision Regulations [appendix A].

Yard. The open, unoccupied space on the same lot with the principal building and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted.

Yard, front. A yard extending the full width of the lot and situated between the street or road right-of-way line and the front building setback line of the building. For the purposes of determining yard requirements on corner lots and double frontage lots, all sides of a lot adjacent to streets shall be considered as frontage.

Yard, rear. A yard extending the full width of the lot and situated between the rear building setback line and the rear property line. Any lot line not deemed a side or front line shall be deemed a rear line.

Yard, side. A yard extending from the front yard to the rear yard, situated between the side lot line and the side building setback line. In the case of corner lots, the yard along all established street right-of-way lines shall meet the requirements for front yards.

(Ord. No. 456, § 3, 12-15-09; Ord. No. 493, §§ 1, 2, 5[6], 11-5-19)