This chapter shall be known and may be cited as "The Zoning Ordinance of the City of Tallapoosa, Georgia."

(Ord. No. 01252, § 106-1, 12-12-2005)

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

(1)

Words used in the present tense include the future tense.

(2)

Words used in the singular number include the plural, and words used in the plural include the singular.

(3)

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

(4)

The term "lot" includes the term "plot" or "parcel."

(5)

The term "building" includes the term "structure."

(6)

The term "shall" is always mandatory.

(7)

The term "used" or "occupied," as applied to any land or building, shall be construed to include the terms "intended, arranged or designed to be used or occupied."

(8)

The term "map," "zoning map," or "Tallapoosa Zoning Map" means the "Official Zoning Map of the City of Tallapoosa, Georgia."

(Ord. No. 01252, § 106-2, 12-12-2005)

Except as specifically defined herein all words are used in this chapter shall carry their customary meaning as defined by a standard dictionary.

Accessory use, decorative means a use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building. Generally a structure which is strongly aesthetic, ornamental or decorative, such as a gazebo, well house and or water fountain. The primary purpose is to enhance the overall appearance of the owner's property and is not intended for constant and overnight occupancy or storage. May be located in the front yard, as well as the side and rear yards.

Accessory use, utility means a use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building. Generally utilized as a working area/storage area but also including a pool and pool house. Said use must be located in the side or rear yard. Structure must be designed and intended for long term, permanent storage. Old semi-truck trailers are hereby prohibited.

Acre means an acre of land in the city limits of the City of Tallapoosa is hereby defined to contain not less than 44,000 square feet. This definition is hereby stated such that all required minimum lot sizes, and fractions thereof, shall be calculated utilizing 44,000 square feet as one single acre of land.

Building means any structure having a roof supported by columns or by walls and intended for shelter, housing, or enclosure of persons, animals, or chattels.

Building, accessory means a building subordinate or supplemental to the main building on a lot and used for purposes customarily incidental to that of a main or principal building and located on the same lot therewith.

Building line means the line, parallel to the street right of way, which indicates the minimum required front yard set-back at which building construction may begin. Said set-back shall be measured from the right of way of the individual street (whereby the right of way shall vary) and comply with the setback requirements of the specific zoning district.

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

Double and multi-fronted lots means residential lots whose property lines abut more than one public street or alley.

Dwelling means a building designed, arranged, or used for permanent living quarters for one person or a single family.

Dwelling unit means a building or a portion of any building designed, arranged and used for living quarters for one person or a single family living as a single housekeeping unit with cooking facilities, but not including units in hotels, motels, boarding houses or like uses.

Dwelling, single family means a building containing not more than one dwelling unit designed for residential use, which meets or exceeds the following standards:

(1)

Minimum width in excess of 16 feet.

(2)

Minimum square footage required by the zone in which located.

(3)

The roof shall have a minimum 3:12 roof pitch with a minimum 12 inch roof overhang and shall have a surface of wood shakes, asphalt composition, wood shingles, concrete, fiberglass or metal tiles, slate, built up gravel materials, or other materials approved by the building official.

(4)

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

(5)

Be attached to a permanent foundation.

(6)

Be constructed according to standards established either by the state minimum standard codes as amended from time to time or the Standard Building Codes if locally adopted for site-built homes, or the National Manufactured Housing Construction and Safety Standards Act for manufactured homes, or the State of Georgia Industrialized Buildings Act for residential industrialized buildings. Each of these codes shall be applicable to the specific structure to which it applies.

Family menas one or more persons related by blood or marriage occupying a dwelling and living as a single housekeeping unit.

Flag developments/lots means a residential lot which has less than the required minimum lot width abutting a public street. Not a currently permitted method of land development.

Government land uses means typical government land uses shall be defined and categorized in the following manner:

(1)

Type 1: Low intensity land uses which have minimal negative impacts upon surrounding property. Public schools of an elementary, primary, middle and high school nature are included (provided that schools with athletic fields provide a sight and sound barrier at the property lines when they abut residential property); as is land set aside for recreational and athletic parks, libraries, public cultural institutions such as museums, etc., provided that all these uses are located on either an arterial or collector (major or minor) type street. Water tanks are included in this definition. However, water tanks and passive recreational and children's parks are not required to be situated upon an arterial or collector type street and the internal area under the water tank should be buffered from view as best as possible, up to a reasonable height (such as the planting of a line of Leland Cypress or similar plant).

(2)

Type 2: Mid-range intensity type land uses which can be fairly anticipated to cause observable detrimental affects to surrounding property. Included in this category are water treatment plants, city halls, police and fire department stations and public works storage yards. Storage yards must be buffered from negative impacts upon residential property through the erection of a visual obstruction fence. All uses in type 1 are allowed in type 2.

(3)

Type 3: High intensity type land uses which most reasonable persons would conclude that their proximity to their residential or commercial property shall have a substantial negative impact. Included in this category are sewer treatment plants (not including pumping/lift stations, which shall be located due to need), jails, military posts, airports, transportation depots, associated maintenance sheds, etc. type 1 and 2 are permitted in type 3.

Industrialized building means any structure or component thereof which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation on a building site and has been inspected at the installation site without disassembly, damage to, or destruction thereof. Industrialized buildings are constructed and regulated in accordance with the "Industrialized Buildings Act, Georgia Law 1982 pp 1637-1643 (Official Code of Georgia Annotated, Title 8, Chapter 2, Article 2, Part 1)".

Junk yard means any such use involving the storage or disassembly of wrecked automobiles, trucks, or other vehicles; storage, bailing or otherwise dealing in bones, animal hides, scrap metal, used paper, used cloth, used plumbing fixtures, and used brick, wood, or other building materials. Such uses shall be considered junk yards whether or not all or part of such operations are conducted inside a building or in conjunction with, addition to, or accessory to, other uses of the premises.

Lot means a portion or parcel of land devoted to a common use or occupied by a building or group of buildings devoted to a common use, together with the customary accessories and open spaces belonging to the same.

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

Lot, width of means the distance between side lot lines measured at the building line.

Lot, width of, at rear lot line means the distance between side lot lines measured at the rear property line. Such a rear lot line shall be the required minimum lot width, in accordance with the specific zoning district.

Lot, width of, at front lot line means the distance between side lot lines measured at the front property line. Such a front lot line shall be of the required minimum lot width, in accordance with the specific zoning district.

Manufactured home means a building defined by and constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 as amended, 42 U.S.C. 5401, et seq. The definition at the date of adoption of this part is as follows:

Manufactured home means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40-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 a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary and complies with the standards established under this title.

Mobile home or residential trailer means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein and manufactured prior to June 15, 1976. It does not include recreational vehicles or travel trailers.

Manufactured home park means a parcel of land, which has been planned and improved for the placement of, manufactured homes for non-transient use.

Non-conforming use means a building, structure, or use of land existing at the time of enactment of this chapter, and which does not conform to the regulations of the district in which it is located.

Other manufactured homes means any manufactured home not meeting the definition of dwelling, single-family.

PESS: "Planned Elementary School Sub-division" means extremely large residential development (in excess of 200 acres and 400 homes), whereby the developer, with approval from the Haralson County BOE, constructs and pays for a standard elementary school and the homes which shall supply the students. May contain high density uses. To be approved by the planning coordinator, planning commission, Haralson County Board of Education and the mayor and council.

PMURD: "Planned multi-use residential district" means minimum size of 100 acres. Similar to PUD, however, allows for the inclusion of commercial/retail development. Shall allow for denser residential development, provided that greenspace, pedestrian trails and recreational activity are provided for within the plan and paid for by the developer. Approved on a case by case basis, initial approval from the planning coordinator, then the planning commission, and final approval by the mayor and council.

PUD: "Planned unit development" means minimum size of 100 acres. Allows for unique features, such as smaller lot sizes than generally permitted, provided that greenspace, pedestrian trails and recreational activity are provided for within the plan and by the developer. Approved on a case by case basis, initial approval from the planning coordinator, then the planning commission and final approval by the mayor and council. Shall be applied only to residential development.

Planted buffer means a visual and sound screen between incompatible land uses. Generally 25 feet wide and a minimum of six feet high within three years of planting. The best plant material to accomplish this that the city recommends is Leyland Cypress, although similar plants such as red tips and Japanese Cryptomera are also excellent choices, as are various arborvitae cultivars (however, slow growth), and other similar plants. If such a planted buffer is installed by the developer, it must be maintained in perpetuity (i.e., if planted material dies, it must be replaced).

Public right-of-way means land dedicated for the current construction of roads and street and the installation of other necessary public infrastructure. Also, land dedicated for future, anticipated construction of public roads, streets and other necessary public infrastructure. No obstructions shall be constructed in the public right of way without permission from the city. May be abbreviated as "ROW" within this chapter.

Residential bed and breakfast facility means a residential bed and breakfast is defined as a structure occupied by its owner(s) of record, wherein lodging is provided to guests for compensation. The dwelling unit in which the bed and breakfast takes place shall be the principal residence of the operator(s) and said operator(s) shall live on the property where the structure is located when the bed and breakfast is in operation.

Reverse frontage lots means lots which have a public street or alley abutting the front and rear lot lines. Generally, the residential structures' driveway shall empty out upon the less traveled, lower intensity level street.

Rooming or boarding home means a dwelling, other than a hotel or lodging house, where meals or housing accommodations, for three or more persons, are provided for hire.

Set-back, front yard means mandated minimum open space free of buildings intended for human occupation. Said space exists between the public street right of way and the location of a building. Said set-back shall be measured from the right of way of the individual street (whereby the right of way shall vary), and comply with the set-back requirements of the specific zoning district. Shall apply to all elements of a structure, including decks and covered porches or patios. Does not apply to driveways, patios with no overhead cover, fencing and decorative utility buildings, which have their own required set back; although fencing must not extend onto public right of way.

Set-back, rear yard means mandated minimum open space free of buildings intended for human occupation. Said space exists between the rear property line and the location of a building. Said set-back shall be measured from the rear property line, and comply with the set-back requirements of the specific zoning district. Shall apply to all structures attached to the principal building, such as decks and covered porches. Does not apply to driveways, patios with no overhead cover, utility buildings (including pools and all steel semi-portable car ports/pole barns), which have their own required set back, and fencing; although fencing must be set back adequately such that the post footing does not trespass onto a neighbors' property.

Set-back, side yard means mandated minimum open space free of buildings intended for human occupation. Said space exists between the side property line and the location of a building. Said set-back shall be measured from all property lines which are not front or rear property lines, and comply with the set-back requirements of the specific zoning district. Shall apply to all structures, including above and in-ground pools, decks and covered porches, and prefabricated, portable structures such as storage buildings and car ports, either for automobiles or recreation vehicles (trailers, fifth wheels, motorcoaches, etc.) does not apply to driveways, patios with no overhead cover and fencing; although fencing must be set back adequately such that the post footing does not trespass onto a neighbors' property.

Sign, business means an attached or freestanding structure which directs attention to a business or profession conducted on the premises.

Sign, outdoor advertising means a structural poster panel or painted sign, either free-standing or attached to the outside of a building, for the purpose of conveying information, knowledge, or ideas to the public about a subject either related or unrelated to the premises upon which located.

Single family means a single family is hereby defined as a cohesive unit of people, joined together by blood relationship or marriage (immediate family), for the purpose of efficient, convenient, life long dedication to each other such that safety is enhanced and the insecurities and pitfalls of life are reduced. The blood relationship is hereby restricted to grandparents, parents, siblings, children, grandchildren and the spouse, including the spouses' relations of the same level. Provided, however, that the number of people living in a single dwelling unit does not violate the requirement that each individual have at least 50 square feet of sleeping space. Sleeping space shall be restricted to those rooms dedicated for such activity and shall specifically not include bathrooms, closets, kitchens, utility rooms (where the washer, dryer, hot water heater, furnace, etc. are located), dining rooms and garages. Foster families recognized by Haralson County and the State of Georgia are hereby exempt from the blood relations aspect of this definition, and will still qualify as a single family.

Street means a public right of way, whether designated as an avenue, boulevard, road, highway, expressway, etc., which is intended to provide the principal means of access to abutting property. Said street shall attain the status of a public street through dedication, design and construction in accordance with subdivision II, street design, of division 2, streets and other rights-of-way, of chapter 90, subdivisions of the Code of Ordinances for the City of Tallapoosa, and final acceptance by the mayor and council.

Street, primary means a street or thoroughfare designated as a major or collector street in the major thoroughfare plan of the city.

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

Tallapoosa acre means an acre of land in the City of Tallapoosa city limits, which for the purpose of calculating compliance with the minimum lot sizes contained in this chapter shall be defined as containing 43,560 square feet.

Vape shop means any business whose principal function is the retail sale of alternative nicotine products, vape juice, or both. 'Alternative nicotine products' means any products or devices that employ an electronic heating element, power source, electrical circuit, battery, or other electronic, chemical, or mechanical means to produce a vapor that delivers nicotine to the person inhaling from the device, including electronic cigarettes, electronic cigars, electronic hookahs, electronic bongs, or electronic pipes, whether manufactured, distributed, marketed, or sold as an electronic cigarette, electronic cigar, or electronic pipe. For purposes of this definition, 'vape juice' refers to any liquid that contains compounds containing pharmaceutical-grade vegetable glycerin, propylene glycol, nicotine, food-grade flavoring, and water and can be used for vaping by means of an alternative nicotine product. For this definition, 'principal' shall mean that alternative nicotine products, vape juice, or both constitute at least 35 percent of the business's aggregate retail sales.

Warehousing includes industrial space—from large square footage to mini (personal) space—being offered for rent or lease, with the intent to store material not for sale. Additionally, it includes personally owned commercial space which typically is not being offered for a fee (although that may be the case illegally), but is being used by the property/building owner to store personally owned material and products not being offered for sale to the general public.

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

Yard, front means an open, unoccupied space on the same lot with a principal building, extending the full width of the lot, and situated between the street and the front line of the building projected to the side lines of the lot.

Yard, rear means an open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to side lines of the lot.

Yard, side means an open, unoccupied space on the same lot with a principal building, situated between the building and the side lot line of the lot and extending from the front yard building line/set back line (front edge of the principal building) to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line.

(Ord. No. 01252, § 106-3, 12-12-2005; Ord. No. 01285, exh. 2016-C(106-3), 6-13-2016; Ord. No. 01312, § 1(Exh. 2024-B), 3-11-2024; Ord. No. 01314, § 1, 8-12-2024)

Editor's note— Entire section amended November 9, 1992, with the passage of Ordinance No. 01170, passed November 9, 1992. Item 18a added with the passage of Resolution No. 05459, passed May 14, 2001. Item 3a and 19a added, Item 22 amended, on March 11, 2002, with the passage of Ordinance No. 01228, passed March 11, 2002.