For the purposes of these regulations, certain words and tenses used herein shall be interpreted or defined as follows:

Words used in the present tense include the future tense.

The singular number includes the plural and the plural [includes] the singular.

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

The term "shall" is always mandatory and not merely directory.

Terms not herein defined shall have the meanings customarily assigned to them.

The term "governing body" shall mean the mayor and council of the City of Sylvester, Georgia.

Accessory building: A detached, subordinate structure, the use of which is clearly incidental to, customarily associated with and related to the principal structure or use of land, and which is located on the same lot as the principal structure or use. Accessory buildings shall include storage buildings, toolhouses, party houses, bathhouses (used in conjunction with swimming pools) and similar uses.

Accessory use: The use customarily incidental and accessory to the principal use of a building, located upon the same building site as the principal use.

Adult entertainment businesses: Any business, such as motion pictures, theaters, mini-motion theaters, erotic dancing, escort services, bookstores, etc., characterized by an emphasis on sexual activities.

Agriculture: Agriculture shall be considered to mean the raising of soil crops and/or livestock in a customary manner on tracts of land six acres or more in size and shall include all associated activities. Retail selling of products raised on the premises shall be considered a permissible activity, provided that space necessary for the parking of customers' vehicles shall be provided off the public right-of-way.

Airfield: Any area of land or water utilized for the landing or taking off of aircraft.

Alley: Any dedicated public way providing a secondary means of ingress to or egress from land or structures thereon.

Alteration: Any change, addition or modification in construction or type of occupancy; any change in the structural members of the building, such as walls, partitions, columns, beams, [or] girders, or any change which may be referred to herein as "altered" or "reconstructed."

Alternative tower structure: means clock towers, bell towers, church steeples, light/power poles, electric transmission towers, manmade trees (without accessory buildings/structures), and similar natural or manmade alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

Ambulatory: In respect to a person, the ability to move from place to place by walking, either unaided or aided by prosthesis, brace, cane, crutches or handrails, or by propelling a wheelchair; and can perceive an emergency condition, whether caused by fire or otherwise, and escape without human assistance, using the normal means of egress.

Apartment: A room or suite of rooms used as a dwelling for one family which does its cooking therein.

Apartment houses: A residential structure containing three or more apartment units.

Automobile wrecking yard, automobile used parts or auto graveyard: Means anywhere three or more vehicles, not in running condition, or the parts thereof, are stored in the open or any building or structure used principally for wrecking or storage of automobiles, not in running condition, for automobile parts.

Basement: A portion of a building partly below grade and having less than five feet above the finished grade level of the building.

Block: A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, drainageways, or boundary lines of municipalities or counties.

Boardinghouse: A residence, or part thereof, where meals or lodging and meals are provided for compensation to three or more persons by prearrangement for definite periods. A boardinghouse is to be distinguished from a hotel, motel or a nursing home.

Buffer: That portion of a given lot, not covered by buildings, pavement, parking, [or] access and service areas, established as landscaped open space for the purposes of screening and separating properties with incompatible land uses, the width of which is measured from the common property line and extends the developed portion of the common property line. A buffer consists of trees, shrubs, and other natural vegetation undisturbed by grading or site development and replanted where sparsely vegetated or where disturbed for approved access and utility crossings.

Buildable area: The buildable area of a lot is the space remaining after the minimum open space requirements of these regulations have been completed [complied] with.

Building: Any structure having a roof, supported by columns or by walls and intended for shelter, housing or enclosure of any person, animal or goods. Where roofed structures are separated from each other by party walls having no opening passage, each portion so separated shall be considered a separate building.

Building height: The vertical distance of a building measured from the average elevation of the finished grade to the highest point on the roof surface.

Building inspector: The building inspector of the governing body, or his representative.

Building line: A line established, in general, parallel to the front right-of-way line, between which line and the front right-of-way line no part of a building shall project, except as otherwise provided by these regulations. Minimum building lines are set by this ordinance.

Building, principal: A building in which is conducted the principal use of the lot on which it is located.

Caretaker or employee residence: An accessory residence located inside or in addition to the principal structure or use of a parcel of land. Said residence must be occupied by a bona fide caretaker or the owner himself as necessary to the property's orderly operation or safety.

Clerk: The clerk of the governing body.

Clinic: A professional office where the services of more than one practitioner can be obtained and where patients are studied or treated on an outpatient basis and where no overnight accommodations are provided.

Club: An organization of persons for special purposes or for the promulgation of sports, arts, science, literature, politics or the like, but not for profit.

Collation: The use of a wireless telecommunications facility by more than one wireless telecommunications provider.

Conditional use: A use which, within certain districts specified by this ordinance, is not permitted as a matter of right, but may be permitted within these districts by the city council after the planning commission has (1) reviewed the proposed site plans for the use, its arrangement and design, its relationship to neighboring property and other conditions peculiar to the particular proposal which would determine its desirability or undesirability; and (2) has found the proposal not to be contrary to the intent of this ordinance. All conditional use applications will follow the same public notice, public hearing and review process as any application for rezoning. Additionally, any application for conditional use of a particular parcel or property which is denied by the city council may not again be considered until the expiration of at least 12 months.

Convalescent home: A convalescent home is a home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, wherein two or more persons are cared for. Said home shall conform and qualify for a license under state laws.

Curb cut: An existing curb and gutter for the construction of a driveway to provide for ingress/egress between property and an abutting public street.

Day care facility: A day care facility is an individual or jointly owned facility designated to offer care and/or training to children unrelated to the owner or director for any part of a day on a regular basis. Such facility may or may not be operated for profit. Day care is not a babysitting service to be used for the convenience of the parents at irregular intervals (drop-ins).

A.

A group center (day nursery, day care center) is defined as a facility for six or more children, regardless of age, whose primary purpose is the care of the child for part of a day, while his parent or parents are absent from home.

B.

A nursery school is defined as a school for two[-year old], three[-year old], and four-year old children, which operates for periods not to exceed four hours a day, and whose primary purpose is education and guidance for healthy emotional and social development of children.

C.

Kindergarten is defined as a school for four[-year old] or five-year old children, which operates for periods not to exceed four hours a day, and whose primary purpose is education and guidance for healthy emotional and social development.

D.

Family day care is defined as a service in a private home, offering care in a family setting to a maximum of five children, including the foster family's own children, during part of the day while the natural parents are absent from their home.

E.

Adult day care is defined as personal care and supervision in a protective setting for adults outside their own home for less than 24 hours per day. The program may include the provisions of daily medical supervision, nursing and other health care support, psychosocial assistance, or appropriate socialization stimuli, or a combination of these. Adult day care is available for those persons who do not require 24-hour per day institutional care, but who, because of physical and/or mental disability, are not capable of full-time independent living.

Density: The number of dwelling units developed on an acre of land. As used in this ordinance, all densities are stated in dwelling units per gross acre.

District: A portion of the jurisdiction of the governing body within which, on a uniform basis, certain uses of land and buildings are permitted and within which certain yards, open spaces, lot areas and other requirements are established.

Drive-in establishment: A business establishment, other than a drive-in restaurant, so developed that its retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle, and may include drive-in banks, drive-in cleaners, and drive-in laundries.

Drive-in restaurant: A restaurant or other establishment serving food and/or drink so developed that its retail or services character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle.

Dwelling, multiple: A building, or portion thereof, used or designed as a residence for three or more families living and cooking independently of each other in said building. This definition includes three-family houses, four-family houses and apartment houses, but does not include hotels, motels, trailer camps or mobile home parks.

Dwelling, single-family: A building used or designed for use as a residence for a single family.

Dwelling, two-family (duplex): A duplex is a building either designed, constructed, altered or used for two adjoining dwelling units that are connected by a common wall and/or, if two-story, by a common floor.

Erected: Includes built, constructed, reconstructed, moved upon, or any physical operations on the premises required for the building. Excavations, fill, drainage, and the like shall be considered a part of the erection.

Essential services: The erection, construction, alteration, or maintenance by public utilities, governmental departments or commissions of underground, surface, or overhead gas, communication, electrical, steam, fuel or water transmission or distribution systems, sewers, pipes, conduits, cable, fire alarm and police call boxes, traffic signals, hydrants and similar accessories in connection therewith, but not including buildings which are necessary for the furnishing of adequate service by such utilities or governmental departments for the general public health, safety, convenience or welfare.

Family: One or more persons occupying a housing unit and using common kitchen facilities and entrances, as distinguished from a group occupying a boardinghouse, or personal care home.

Fast food restaurant: A fast food restaurant is defined to be a restaurant that has all of the following characteristics:

A.

Its principal business is the sale of food items and beverages of the kind which can readily be taken out of the restaurant for consumption off the premises.

B.

Utensils, if used at all, are made of plastic or other disposable materials. Food is packaged in paper or styrofoam or other disposable containers.

C.

Service is not customarily provided to customers at their tables by employees of the restaurant.

Farm: A platted or unplatted parcel of land, 100 acres or more, in an area which is used for growing crops, raising livestock or other agricultural purposes.

Farm, mini: The use of parcels of land, between six and 100 acres in size, for agriculture related activities within agricultural zoning districts.

Farm stand: A booth or stall located on a farm, from which produce and farm products are sold to the general public.

Filling: Shall mean the depositing or dumping of any matter on or into the ground, except deposits resulting from common household gardening and general farm care.

Flea market: An outdoor and/or indoor facility established for the purpose of selling at retail such new or used items as household goods, tools, crafts or any other combination of new or used goods. These markets, sales and displays are those that occur continuously or frequently, and specifically more than two times per year, normally at a fixed location where a proprietor, partnership, or corporation leases to vendors a booth, commercial staff or designated area from which the vendor markets his/her goods.

Floodplain: A nearly level alluvial plain that borders a stream and is subject to flooding unless protected artificially.

Foster child: A child unrelated to a family by blood or adoption, with whom he or she lives for the purposes of care and education.

Garage, private: An accessory building designed or used for the storage of motor-driven vehicles owned and used by the occupants of the building to which it is an accessory.

Garage, public: Any premises used for the storage or care of motor vehicles or place where any such vehicles are equipped for operation, repaired or kept for pay, hire or sale.

Garden, private: A noncommercial private garden in which is an accessory use to the primary use of the zoning district. The primary use must be present at the same location as the garden in any zoning district with the exception of agricultural zoning districts.

Glare: The effects produced by light with an intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

Group home: A group home is a residential use (home) of a property for the care of individuals in the home environment which have mental and/or developmental disabilities or individuals who will benefit socially from living in a group environment. All group homes must be licensed by the appropriate state agency.

Half-way house: A group home facility, which is licensed or supervised by any federal, state or city, to be used for health/welfare rehabilitation or similar purposes.

Height: when referring to a tower or other structure, means the distance measured from ground level to the highest point on the tower structure or appurtenance.

Home occupation: Any use conducted entirely within the dwelling and carried on by the inhabitants thereof, which use is incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof, provided further, that no article or service is sold or offered for sale on the premises, except such as is produced by such occupation, and that such occupation shall not require internal or external alterations or construction, open storage or signs not customary in residential areas. One nonilluminated nameplate, which is not more than two square feet in area, may be attached to the building, which shall contain only the name and occupation of the resident of the premises. Clinics, hospitals, child care centers, and day nurseries, among others, shall not be deemed to be home occupations.

Hospital: An institution providing health services, primarily for inpatients and medical or surgical care of the sick or injured, including, as an integral part of the institution, such related facilities as laboratories, outpatient departments, training facilities, central service facilities and staff offices.

Industrialized building: A structure or component which is wholly or in substantial part made, fabricated, formed or assembled in or at manufacturing facilities and delivered to a building site for fabricated [sic] and installation in such city building official [sic], but, in lieu of such inspection, bears an insignia, label, or decal issued by the Georgia Department of Community Affairs to certify the unit as to construction and safety standards.

Junk: Any motor vehicle, machine, appliance, scrap material or other items that are in a condition which prevents its use for the purpose for which it was originally manufactured.

Junkyard: Includes automobile wrecking yards and includes any area of more than 200 square feet for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition or abandonment of automobiles, or other vehicles or machinery, or parts thereof, but does not include vehicles or machinery, or parts thereof, nor does it include uses established entirely within enclosed buildings.

Kennel: Any lot or premises on which three or more dogs, four months [of age] or older, are kept, either permanently or temporarily, for commercial or breeding purposes.

Laboratory: A place devoted to experimental study, such as testing and analyzing. Manufacturing of a product or products is not permitted within this definition.

Landscape strip: That portion of a given lot, not covered by buildings, pavement, parking, access and service areas, established as landscaped open space, the width of which is measured from the common property line and extending the developed portion of the property line. A landscape strip, as distinguished from a buffer, may be disturbed by grading or site development, but shall be maintained as landscaped open space. A landscape strip may consist of grass lawns, decorative plantings, berms, walls, fences or other approved features designed and arranged to produce an aesthetically pleasing effect within the development.

Lattice tower: A support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation to the top.

Loading space: An off-street space, on the same parcel of property with the building or group of buildings, for temporary parking of a commercial vehicle while loading and unloading merchandise or materials.

Lodginghouse [or roominghouse:] A lodginghouse or roominghouse is a building, other than a hotel, where lodging is provided for five or more persons, for compensation, pursuant to previous arrangement.

Lot: A parcel of land occupied or intended to be occupied by a principal building or use and any accessory building and uses customarily incidental to it, and including open spaces not less in extent than those required in connection therewith by these regulations.

Lot area: The size of a lot measured within the lot lines as expressed in terms of acres or square feet.

Lot, corner: A lot abutting on two streets at their intersection.

Lot coverage: The part or percent of the lot occupied by buildings or structures, including accessory buildings or structures.

Lot depth: The mean distance between the front and rear lot lines.

Lot, double frontage: An interior lot having frontages on two or more parallel streets, as distinguished from a corner lot. In the case of a row of double frontage lots, one street will be designated as the front street on the plat and the request for a building permit will indicate which street is the designated front street.

Lot frontage: That portion of a lot extending along a street right-of-way line.

Lot, interior: A lot other than a corner lot.

Lot lines: The property lines bounding the lot.

A.

Front lot line: On a lot abutting upon a public street, the front lot line shall mean the line separating such lot from such street right-of-way.

B.

Rear lot line: Ordinarily, that lot line which is opposite and most distant from the front lot line of the lot. In the case of an irregular shaped lot, the city planner shall designate the rear lot line.

C.

Side lot line: Any lot line that is not a front or rear lot line.

Lot of record: A parcel of land, the dimensions of which are shown on a map or plat on file with the recorder's court [municipal court] of the City of Sylvester, Georgia, and which actually exists as shown, or any part of such parcel held in a recorded ownership separate from the ownership of the remainder thereof.

Lot, through: A lot, other than a corner lot, having frontage on more than one street.

Lot width: The distance between the side lot lines, measured along the front building line and parallel to the street right-of-way.

Manufactured home: A factory built structure that is manufactured or constructed under the authority of 42 USC 5401 and is to be used as a place for human habitation, but which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving it to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. A mobile home is not a manufactured home, except as hereafter provided.

Manufactured home park: A licensed business operation which leases spaces for permanent or for temporary occupancy for periods exceeding 30 days for mobile homes and, under some conditions, travel trailers.

Manufactured home stand: The site designed for the placement of a manufactured home and its cabana, accessory structures, utility connections and off-street parking facilities.

Mobile home: A manufactured home built before June 15, 1976. They do not meet current building codes.

Modular homes: Factory built housing certified as meeting local or state building codes as applicable to modular housing. Once certified by the state, modular homes shall be subject to the same standards as site built homes.

Monopole: A support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.

Motor vehicle repair: General repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair; and overall painting, but not including undercoating of automobiles, unless conducted in a completely enclosed spray booth.

Motor vehicle wash establishment: A building, or portion thereof, the primary purpose of which is that of washing motor vehicles.

Nonconforming use: Any building or land use which lawfully exists at the time of adoption of this ordinance and which does not now conform with the use regulations of the district in which it is located.

Nursery (tree and shrub): An area or establishment devoted to the raising and care of trees, shrubs, or similar plant materials.

Off-street parking lot: A facility providing vehicular parking spaces, along with adequate drives and aisles for maneuvering, so as to provide access for entrances and exits for the parking of more than two automobiles.

Open air business uses: Open air business uses shall include the following:

A.

Retail sale of trees, shrubberies, plants, flowers, seeds, topsoil, humus, fertilizers, trellises, lawn furniture, playground equipment and other home garden supplies and equipment.

B.

Retail sale of fruits and vegetables.

C.

Tennis courts, archery courts, shuffleboards, horseshoe courts, miniature golf, golf driving ranges, children's amusement parks or similar recreation uses.

D.

Bicycle, trailer, motor vehicle, mobile home, boat or home equipment sales, services or rental services.

E.

Outdoor display and sale of prefabricated storage buildings, garages, swimming pools and similar uses.

Open space: Land devoted to conservation or recreational purposes and/or land designated by a municipality to remain undeveloped (may be specified on a zoning map).

Open space, landscaped: That portion or portions of a given lot, not covered by buildings, pavement, parking access and service areas, set aside and maintained as a buffer, landscape strip or other approved open area.

Parking space: An area of not less than nine feet wide and 20 feet long for each automobile or motor vehicle, such space being exclusive of necessary drives, aisles, entrances or exits and being fully accessible for the storage or parking of permitted vehicles.

Personal care home: A dwelling in which aged or infirm persons are boarded and receive personal care on a 24-hour basis. All such homes shall be licensed by the appropriate state agency.

Photovoltaic (PV) system: A solar energy system that produces electricity by the use of semiconductor devices, called photovoltaic cells, that generate electricity whenever light strikes them. Included in a PV system are the solar energy generation mechanisms (e.g., panels or other assemblies of solar electric cells), inverters (devices that convert direct current electricity produced by the system to usable alternating current), batteries and battery systems that store electrical energy from the PV system for future use, meters, and electric transmission wires and conduits that facilitate connections with users and/or the local power grid.

Planned unit development: A planned unit development is a single parcel of land within which a number of buildings (uses) are located or intended to be located in accordance with an overall plan of design and not in relation to a prearranged pattern of land subdivision. Examples of a planned unit development (PUD) include a complex of apartment buildings, offices and a shopping center with a number of stores.

Pre-existing towers and antennas: means structures as set forth in subsection 21.02(c).

Prime farm land: Land in the City of Sylvester which is best suited for producing food, feed, forage, fiber, and oil seed crops and also available for these uses. It has the soil quality, growing season, and moisture supply needed to produce a sustained good yield of crops economically, if treated and managed, including water management, according to modern farming methods.

Produce stand/curb market: A permanent or semi-permanent building stand, not exceeding 200 square feet of floor area, intended to provide a place to sell at retail only perishable farm and garden vegetables and orchard or grove fruits, but not including buildings or structures erected by a bona fide farmer for the sale of seasonal produce grown on their land in an agricultural zoning district.

Recreation facility, commercial: A recreation facility operated as a business and open to the public for a fee.

Recreational vehicle: A vehicular portable structure, designed as a temporary dwelling for travel, recreation and vacation uses, which is identified on the unit by the manufacturer as a "camper" or "travel trailer," is not more than eight feet, six inches in body width, and does not exceed 31 feet in length.

Reference level: The reference level for any building is seven inches above the existing curb, or, in the absence of an existing curb, above the crown of the adjacent public road.

Rubbish: The miscellaneous waste material resulting from housekeeping, mercantile enterprises, trades, manufacturing offices and construction enterprises, including other waste material, such as slag, stone, broken concrete, fly ash, tin cans, glass, scrap metal, rubber, paper, rags, or chemicals, or any similar or related combinations thereof.

Rural business: A rural business shall be a small office or small scale retail sales or service type business, which shall be secondary or incidental to the primary use of property for agricultural or residential purposes. Such business shall be primarily directed toward providing local or neighborhood services to rural-residential areas. Rural businesses shall be similar to home occupations, except that the activity can occur in an accessory structure detached from the principal residence.

Scenic views: means those geographic areas containing visually significant or unique natural features, as identified in the county comprehensive plan.

Screening: Also referred to in the text as "protective screening," is a visual and acoustical barrier which, through the use of buffers, natural topography, landscaping, fences, walls, or berms, or approved combinations thereof, is of such nature and density that provides yearround maximum capacity from the ground to a height of at least six feet that screens structures and activities on the lot from view from the normal level of a first story window on an abutting lot.

Service station: A building or structure designed or used for the retail sale or supply of fuels, lubricants, air, water and other operating commodities for motor vehicles, aircraft or boats, and including the customary space and facilities for the installation of such commodities on or in vehicles, and including space for facilities for the temporary storage of vehicles, minor repair or servicing.

Shopping center: A sign which directs attention to a business, profession, product, service, activity or entertainment conducted, sold or offered on the premises at which the sign is located.

Sign, area: The smallest square, rectangle, triangle or circle, or combination thereof, that encompasses the entire area devoted to advertising, information or identification. The term "sign area" includes trim, but excludes structural supports. In the case of a sign with two sides for display, one side only shall be counted in determining sign area.

Sign, freestanding: A sign which is supported by one or more columns, uprights or braces in or upon the ground, or by another structure, the sole purpose of which is to support the sign. A freestanding sign is not attached to a building.

Sign, general advertising: A sign which directs attention to a business, profession, idea, product, service, activity, or entertainment not conducted, sold or offered on the premises upon which the sign is located. It may either be freestanding or be attached to the building. A general advertising sign is commonly known as a "billboard."

Sign, wall: A sign which is attached to the wall of any building. A wall sign shall project not more than 12 inches from the building.

Single parcel ownership: Possession of a parcel of property wherein the owner does not own adjoining property.

Soil removal: Shall mean the removal of any kind of soil or earth matter, which includes topsoil, sand, gravel, clay or similar materials or any combination thereof, except common household gardening and general farm care.

Solar access easement: A recorded easement, the purpose of which is to secure the right to receive sunlight across real property of another for continued access to sunlight necessary to operate a solar energy system.

Solar array: A number of photovoltaic modules or panels that generate solar electricity, assembled or connected together to provide a single electrical output.

Solar array, tracking: A solar array that follows the path of the sun to optimize the amount of solar radiation received by the device. A tracking solar array may be ground mounted or building mounted.

Solar energy: Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector or solar energy system.

Solar energy facility: The area of land devoted to solar energy system installation. A solar energy facility may include an interconnection with the local utility power grid for distribution to more than one property or consumer in the electricity market as a commercial venture. Includes the term "solar farm."

Solar energy system: The components and subsystems required to convert solar energy into electric or thermal energy suitable for use. The term applies, but is not limited to, photovoltaic (solar electric) systems and thermal solar energy systems.

Solar energy system, building mounted: A solar energy system, which may include solar thermal panels, solar hot water system panels, and photovoltaic panels, which are mounted to a building or structure, to provide energy primarily for on-site use. Building-mounted solar panels may be flush-mounted (i.e., flush to the surface of a building roof or building façade in a manner that the panel cannot be angled or raised), or as one or more modules fixed to frames which can be tilted or automatically adjusted at an optimal angle for sun exposure. A mounted solar energy system is accessory to the building or structure.

Solar energy system, ground mounted: A solar energy system that is directly installed on (mounted to) the ground and is not attached or affixed to any structure.

Solar energy system, thermal: A solar energy system that directly heats water or other liquid using sunlight, including the use of heated liquid for such purposes as space heating and cooling, domestic hot water, and heating pool water.

Solar farm: A solar energy facility, typically with multiple solar arrays, designed and used for the purpose of generating electric energy via a photovoltaic system.

Stable, commercial: Any place established for gain or profit, at which more than four adult horses are kept for the purpose of training, boarding, riding, sale or breeding, or where instruction pertaining to the same is given for a fee.

Story: That portion of a building, other than the cellar or mezzanine, included between the surface of any floor and the floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it. For the purpose of these regulations, a basement or cellar shall be counted as a story if over 50 percent of its height is above the level from which the height of the building is measured, or if it is used for business purposes, or if it is used for dwelling purposes by other than a janitor or domestic servant employed in the same building, including the family of the same.

A.

Ground story: The lowest story of a building, the floor of which is not more than 12 inches below the elevation of the reference level.

B.

Half-story: The part of a building between a pitched roof and the uppermost full story, said part having a finished floor area which does not exceed one-half of the floor area of said story.

C.

Mezzanine: Shall be deemed a full story when it covers more than 50 percent of the story underneath said mezzanine, or if the vertical distance from the floor next below it to the floor above it is 24 feet or more.

Street: A thoroughfare which affords traffic circulation and a principal means of access to abutting property, including an avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare, except an alley. A public street is a street accepted by dedication or otherwise by the governing body. A private street is a street not so accepted.

Structure: Anything constructed or erected with a fixed location on or in the ground, or attached to something having a fixed location on or in the ground. Among other things, structures include buildings, manufactured homes, signs, swimming pools and fallout shelters, but does not include walls or fences.

Structural alteration: Any change in the supporting members of a building or structure, such as bearing walls or partitions, columns, beams or girders, or any change in the width or number of exits, or any structural change in the roof.

Subdivision: Any division of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose, whether immediate or future, of sale, legacy, or building development, and includes resubdivision and, where appropriate to the context, relates to the process of subdividing or to the land or area subdivided; however, the following are not included in this definition:

A.

The combination or recombination of portions of previously platted lots, where the total number of lots is not increased and the resultant lots comply with the standards of these regulations and all other ordinances and resolutions of the city; provided, however, that no changes in roads or drainage are proposed or necessary.

B.

Subdivision into parcels which have 25 acres or more, provided that the "cutoff" tract or the resultant tract with which it is combined will then front on a public road a minimum distance of 150 feet.

Subdivision regulations: Regulations as adopted by the governing body governing the subdivision of land.

Telecommunication: The technology which enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or electromagnetic systems.

Travel trailer: A motorized camper, converted bus, tent-trailer or other similar vehicular or portable structure used or designed for temporary portable housing or occupancy while on vacation, recreation or other trips, and which provide sleeping accommodations.

Travel trailer park: Trailer park where the principal use is for overnight tourists, or for vacationers whose stay will not exceed 45 days.

Truck terminal: A building and premises catering primarily to trucks, which may include warehousing facilities and may include the functions and services of a mechanical garage, but shall not include the storage of trucks or other vehicles for the purpose of using parts for sale or repair.

Undue hardship: A condition which shall be considered to exist only when one or more of the following apply to a particular piece of property, and such condition has not been created by action of the property owner:

(a)

The owner cannot comply with the provisions of this resolution without violation of some other resolution or sections of this resolution.

(b)

The provisions of this resolution create, for the property owner, a peculiar condition not common to other nearby property owners.

(c)

A conforming use or requirement is incongruous with the remainder of the area in which the property is located.

(d)

The topography of the land or shape of a particular lot precludes a conforming use.

Variance: A deviation from the strict application of this ordinance, which may be permitted after review by the planning commission and approval by the City of Sylvester Mayor and Council. Such deviation will not be contrary to the public interest, and where, owing to conditions unique to the individual property on which the variance is sought and not as a result of any action on the part of the property owner, a literal enforcement of this ordinance would result in unnecessary and undue hardship; provided, however, that no variance will be granted which shall authorize a land use not otherwise permitted in a particular district. (See article IV, section 4-18 for the criteria to be utilized in the review of variance requests.)

Visual quality: means the appropriate design, arrangement and location of tower structures in relation to the built or natural environment to avoid abrupt or severe differences.

Water station: A facility for supplying water storage tanks of dependent trailers with potable water.

Wireless telecommunications antenna: The physical devise through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received. Antennas used by amateur radio operators are excluded from this definition.

Wireless telecommunications equipment shelter: The structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.

Wireless telecommunications facility: A facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.

Wireless telecommunications tower: A structure intended to support equipment used to transmit and/or receive telecommunications signals including monopoles, guyed and lattice construction steel structures. This term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telecommunication towers, manmade trees (with accessory buildings/structures) and other similar structures.

Yard: A space on the same lot with a principal building, open, unoccupied and unobstructed by buildings or structures from the ground to the sky, except where encroachments and accessory buildings are expressly permitted. The yard adjacent to the public street or road shall be considered the front yard.

(Ord. No. 2015-07, § 1, 8-17-2015; Ord. No. 2018-03 , § 1(Exh. A, § A), 7-16-2018)

Cross reference— Definitions generally, § 1-2.