(a)

Title. This zoning ordinance shall be known as and may be cited as "The Zoning Ordinance of the City of Temple, Georgia" or, for brevity, "The Zoning Ordinance."

(b)

Authority. This zoning ordinance is adopted under authority of article 9, section 2, paragraphs 3 and 4 of the Constitution of the State of Georgia, and pursuant to the Zoning Procedures Law.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

Repeal of conflicting laws. All conflicting city laws or parts of laws are hereby repealed to the extent of their conflict. Where this zoning ordinance overlaps with other requirements adopted by the city council, whichever imposes the more stringent restrictions shall prevail.

(b)

Severability. If any article, section, subsection, paragraph, subparagraph, sentence, clause, phrase or portion of this zoning ordinance or any amendment to it is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed as a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of the zoning ordinance or an amendment to it.

(c)

Effective date. The zoning ordinance shall take effect upon its adoption on December 4, 2000.

(Ord. No. 0-00-106, § 2, 12-4-2000)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abutting properties means those that have contiguous lot lines at any point.

Academic school. See School.

Accessory structure setback line means a line delineating the minimum allowable distance between a property line or the right-of-way line of an abutting street and an accessory structure or building on a lot.

Accessory use or structure means a use or structure that is permitted on a property in conjunction with a principal use. An accessory use is incidental to the principal use and would not exist independent of the principal use.

Alteration of a building means any change in the supporting members of a building (such as bearing walls, beams, columns or girders) except:

(1)

Such change as may be required for its safety;

(2)

Any addition to a building;

(3)

Any change in use from that of one district classification to another; or

(4)

Any change of a building from one location to another.

Alternative tower structure means manmade structures, such as clock towers, bell towers, church steeples, water towers, light poles and similar alternative-design mounting structures, that camouflage or conceal the presence of antennae and towers.

Amusement or recreational attraction means a business establishment offering leisure time activities such as a:

(1)

Billiard or pool hall;

(2)

Bingo parlor;

(3)

Go-cart track;

(4)

Miniature golf facility;

(5)

Golf driving range;

(6)

Judo or karate instruction school;

(7)

Softball field;

(8)

Batting cage; or

(9)

Skating rink.

Amusement park means a business establishment that groups together a number of leisure time activities, such as mechanical rides, amusement devices, refreshment stands and picnic grounds.

Amusement parlor means a business establishment providing leisure entertainment utilizing video games, pinball machines or other coin-operated amusement devices.

Antenna means any exterior apparatus designed for telephonic, radio, or television communications through the sending or receiving of electromagnetic waves.

Applicant means a property owner or authorized representative who has petitioned the city for approval of a zoning change, hardship variance, special exception or appeal, or any other authorization for the use or development of his property under the requirements of the zoning ordinance.

Application means a petition for approval of a zoning change, hardship variance, special exception or appeal, or any other authorization for the use or development of a property under the requirements of the zoning ordinance.

Aquifer means any stratum or zone of rock beneath the surface of the earth capable of containing or producing water from a well.

Automobile parking lot, commercial means an area or structure dedicated to the temporary storage of automobiles, panel trucks, vans or buses, and which may include any repair service conducted as an accessory use. See also Boat dealers, Motorcycle sales and service, and Recreational vehicle dealer.

Automobile sales and service means an area or structure dedicated to the temporary storage of automobiles or other vehicles, for periods of less than 24 hours for a fee, operated as the principal use of the property or structure.

Automobile service station means buildings and premises where gasoline or diesel fuel is dispensed at retail for automobiles, recreational vehicles and motorcycles.

(1)

In addition, at least one service is rendered. Services include the sale, replacement, or servicing of:

a.

Spark plugs;

b.

Oil;

c.

Water hoses;

d.

Batteries;

e.

Ignition components;

f.

Tires;

g.

Carburetors;

h.

Brakes;

i.

Fuel pumps; or

j.

Similar service items.

(2)

Uses permissible at an automobile service station do not include major mechanical and bodywork, straightening of body parts, painting, welding, or storage of automobiles not in mechanically operable conditions. See Automotive repair shop, where major mechanical and bodywork activities are allowed.

Automobile storage lot, wrecker service means lots, premises or buildings, other than junkyards and salvage yards, where:

(1)

Any automobiles are stored or held for a fee;

(2)

Wrecked, inoperable or dismantled automobiles are towed in a state of disrepair and held for repair or other disposition at another location; or

(3)

The premises contains a business listed on the wrecker towing list for any state or local government.

Automotive repair shop means the use of a building or premises for the repair of automobiles or other motorized vehicles, or the installation or repair of equipment or parts on motorized vehicles, such as mufflers, brakes, tires, radios, transmissions, glass, and engines or engine parts. The term "automotive repair shop" also includes:

(1)

Automotive paint or body shop. The use of a building or premises for the repair of automotive bodies or major mechanical works, straightening of body parts, painting, welding, or storage of automobiles not in operable condition.

(2)

Tire sales or repair shop. The use of a building or premises for the selling or repairing of automotive tires, with or without automotive tune-up services.

Awning means a roof-like cover that projects from the wall of a building for the purpose of shielding a doorway, walkway, or window from the elements. Awnings are often made of fabric or flexible plastic supported by a rigid frame, and may be retracted into the face of the building.

Awning sign. See Building sign.

Bank, savings and loan or credit union means a financial depository institution or related banking facility that accepts money for deposit into accounts from the general public or other financial institutions, and may include personal or business loans, wire transfers and safe deposit boxes as accessory uses.

Banner means a sign, other than an official flag, made of paper, cloth, thin plastic, or similar lightweight material and usually containing a message or logo.

Base zone means the primary zoning designation of a property that confers restrictions on buildings and land use. All property in the city has one base zone (such as R-1 single-family residential or C-3 general commercial), but properties may be further regulated by one or more overlay zoning districts.

Basement means that portion of a building having its floor subgrade (below ground level) on two or more sides.

Bed and breakfast inn means a business establishment operated within a dwelling by the owner-occupant, offering temporary lodging and one or more meals to the traveling public while away from their normal places of residence. See in contrast Hotel or motel.

Billboard means a sign, with an area of 300 square feet or greater, which is supported by one or more columns, uprights, or braces in or upon the ground and is not attached to a building and is not mobile or temporary.

Boarder means a person who lives in a part of a dwelling unit at the behest of the resident family and is provided lodging or lodging and meals for pay or other consideration on a temporary basis.

Boardinghouse. See Roominghouse or boardinghouse.

Boat dealer means the use of any building or premises for the display and sale of new or used motorboats or other watercraft, and which may include the sale of marine supplies or outboard motors and repair service conducted as accessory uses.

Buffer means an area of natural vegetation or manmade construction which is intended to provide a visual and dimensional separation between dissimilar land uses. The term "buffer" includes:

(1)

Natural buffer. A visual screen created by existing vegetation (and as may be supplemented with additional plantings) of such density so as to present an opaque visual separation when viewed from one side to the other throughout the year.

(2)

Structural buffer. A visual screen created through construction of a solid wooden fence, decorative masonry wall, earthen berm, or combination of fence or wall with an earthen berm, which may be supplemented with vegetation, so as to present an opaque visual separation when viewed from one side to the other throughout the year.

(3)

Undisturbed buffer. A natural buffer.

Building means any structure over 100 square feet in size, having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any person, animal, process, equipment, goods, or materials of any kind.

Building floor area means the total floor area of all heated spaces within a building as measured within the outside of the exterior walls, exclusive of uncovered porches, terraces, and unheated stairwells, storage areas, garages and loading docks.

Building height means the vertical distance measured to the eaves of the highest habitable floor of a building from the average finished grade across those sides of a building that face a street.

Building materials sales means an establishment offering lumber or other construction materials used in buildings for sale to contractors or the general public.

Building sign means a sign that in any manner is fastened to, projects from, or is placed or painted upon the exterior wall, window, door, or roof of a building. The term "building sign" includes, but is not limited to, the following:

(1)

Awning sign. A sign imposed or painted upon an awning.

(2)

Marquee sign. Any sign attached flat against the marquee or permanent sidewalk canopy of a building and not extending above the roofline.

(3)

Projecting sign. A sign affixed to a wall and extending more than four inches from the surface of such wall, usually perpendicular to the wall surface.

(4)

Roof sign. A sign that is mounted on, applied to, or otherwise structurally supported by, the roof of a building.

(5)

Under canopy sign. A display attached to the underside of a marquee or canopy and protruding over any public or private sidewalk or right-of-way.

(6)

Wall sign. A sign that is fastened directly to or is placed or painted directly upon the exterior wall of a building and extends from the surface of the wall no more than 18 inches.

(7)

Window sign. A sign that is placed on or behind a windowpane and is intended to be viewed from outside the building.

Business or vocational school. See School.

Business, professional or trade association. See Membership organization.

Business service means the use of a building or premises primarily for rendering a service to other business establishments on a contract or fee basis, such as advertising, credit reporting, computer programming, photocopying, and employment services. The term "business service" includes:

(1)

Miscellaneous business service establishment. An establishment offering such business services as private security, photo finishing, appraisals, map drafting, paralegal, press clipping, recording studio, repossession, and telephone answering.

Canopy means a roof-like structure supported by columns or projecting from a building and open on at least three sides.

Carnival. See Special outdoor event.

Carwash means the use of a building or premises primarily for washing automobiles, recreational vehicles and motorcycles, whether by hand or mechanical means.

Cemetery means a facility for the burial of deceased human beings or animals.

Church or place of worship. See Membership organization.

Civic, social or fraternal association. See Membership organization.

Common open space. See Open space.

Comprehensive plan means the text, maps and other data adopted in accordance with the Georgia Comprehensive Planning Act (O.C.G.A. § 36-70-1 et seq.) and as officially amended from time to time.

Condition of zoning approval means a requirement adopted by the city council at the time of approval of a rezoning or special use, placing greater or additional requirements or restrictions on the property than provided in the zoning ordinance in order to reduce an adverse impact of the rezoning or special use and to further the protection of the public health, safety, or general welfare.

Congregate personal care home. See Personal care home.

Convalescent home means an intermediate care facility primarily engaged in providing inpatient nursing or rehabilitative services to residents who require watchful care or medical attention or treatment, but not on a continuous basis, although staff is on duty 24 hours per day.

Convenience gas station means a building or premises where gasoline, diesel fuel and oil may be dispensed at retail with no automobile repair facilities. Uses permissible also include the sale of cold drinks, packaged foods, tobacco and similar household convenience goods for station customers.

Creek. See Stream.

Customer service restaurant. See Restaurant, customer service.

Day care facility means the use of a building or premises for the care and supervision of children or elderly adults, who do not reside on the property, for periods of less than 24 hours.

(1)

Day care center. A day care facility, other than a single-family dwelling, that enrolls for pay, supervision and nonmedical care, 13 or more children or elderly adults with no overnight stays.

(2)

Family day care home. An accessory use within a private residence operated by the occupant of the dwelling that enrolls for pay, supervision and nonmedical care, five or fewer children or elderly adults with no overnight stays, or no more than six children or elderly adults if the structure meets the building code requirements for institutional uses.

(3)

Group day care home. A day care facility that enrolls for pay, supervision and nonmedical care, seven to 12 children or elderly adults with no overnight stays.

Density. There are two types of density:

(1)

Residential. The number of dwelling units per acre within a development or defined area.

(2)

Nonresidential. The number of square feet of building floor area per acre.

Drive-in motion picture theater. See Theater.

Drug addiction rehabilitation center means a halfway house, drug rehabilitation center or any other facility for treatment of drug dependency.

Duplex means a two-family dwelling. See Dwelling, two-family.

Dwelling means a building or portion of a building arranged or designed to provide living quarters for one or more families on a permanent or longterm basis. The term "dwelling" includes the following:

(1)

Single-family dwelling. A residential building, whether site-built or a manufactured home, or an industrialized building designed for occupancy by one family. The term "single-family dwelling" includes:

a.

Site-built single-family detached dwelling. A single-family detached dwelling constructed on the building site from basic materials delivered to the site, and which is constructed in accordance with all requirements of the building codes as adopted by the city.

b.

Class A single-family detached dwelling. A site-built single-family detached dwelling, a one-family manufactured home or a one-family industrialized home that meets or exceeds the standards for single-family and two-family dwellings under this Code.

c.

Class B single-family detached dwelling. A site-built single-family detached dwelling, a one-family manufactured home or a one-family industrialized home that does not meet the standards for a single-family and two-family dwelling under this Code.

d.

Single-family attached dwelling. A single-family dwelling in which the dwelling units may adjoin one another only at the vertical walls and no dwelling unit may be located above another.

(2)

Two-family dwelling. A residential building designed exclusively for occupancy by two families in separate dwelling units living independently of each other. The term "two-family dwelling" includes:

a.

Site-built two-family dwelling. A two-family dwelling constructed on the building site from basic materials delivered to the site, and which is constructed in accordance with all requirements of the building codes as adopted by the city.

b.

Class A two-family dwelling. A site-built two-family dwelling, a two-family twofamily manufactured home or a two-family industrialized home that meets or exceeds the standards for single-family and two-family dwellings under this Code.

c.

Class B two-family dwelling. A site-built two-family dwelling, a two-family twofamily manufactured home or a two-family industrialized home that does not meet the standards for single-family and two-family dwellings under this Code.

(3)

Multifamily dwelling. A residential building designed exclusively for occupancy by three or more families in separate dwelling units living independently of each other. The term "multifamily dwelling" includes:

a.

Multifamily apartment building. A multifamily dwelling in which a dwelling unit may be located above another, such as in a garden apartment building.

b.

Quadraplex. A residential building designed exclusively for occupancy by four families in separate dwelling units living independently of each other.

c.

Triplex. A residential building designed exclusively for occupancy by three families in separate dwelling units living independently of each other.

(4)

Multiuse dwelling. A dwelling unit located within a building that is also designed for or occupied separately by nonresidential uses, such as shops or offices.

Dwelling unit means one or more rooms connected together and constituting a separate, independent housekeeping establishment with complete provisions for cooking, eating, sleeping, bathing and personal hygiene, and physically set apart from any other dwelling unit in the same structure.

Family means a person or two or more persons living together as a household.

Family day care home. See Day care home.

Family personal care home. See Personal care home.

Fast food restaurant. See Restaurant, fast food.

Fence means an artificially constructed barrier of wood, wire, wire mesh, or decorative metal erected to enclose, screen or separate portions of a lot.

Floor area, building. See Building floor area.

Floor area, gross. See Gross floor area.

Freestanding sign means a sign, with an area less than 300 square feet and more than four square feet, which is supported by one or more columns, uprights, or braces in or upon the ground and is not attached to a building and is not mobile or temporary. The term "freestanding sign" includes, but is not limited to, the following:

(1)

Pole sign. A sign that is mounted on a freestanding pole or similar support such that the bottom of the sign face is at least six feet above the ground.

(2)

Ground sign. A freestanding sign, other than a pole sign, in which the bottom of the sign face is less than six feet above the ground but not directly in contact with the ground.

(3)

Monument sign. A freestanding sign in which the entire bottom of the sign face is in contact with the ground, providing a solid and continuous background for the sign face from the ground to the top of the sign.

Freight agency or shipping coordinator means an establishment primarily engaged in the remote arrangement of freight or cargo transportation, and not located where the freight or cargo is handled, stored or transported.

Frontage or street frontage means the width in linear feet of a lot where it abuts the right-of-way of any street from which access may be directly gained.

Funeral home means a building used for the preparation of deceased human beings for burial or cremation and for conducting funeral ceremonies, and where cremations may be conducted as an accessory use.

Furniture or equipment rental establishment means a business establishment that rents or leases items of personal property, such as furniture, tools, medical equipment, appliances and construction equipment, to the general public, but not including automobiles or trucks.

Garden apartment building. See Dwelling.

Garment services means a business establishment engaged primarily in such activities as linen supply, dressmaking, custom tailoring, or fur cleaning and storage.

General business office. See Office.

General merchandise store means a retail establishment that sells a number of lines of merchandise, such as dry goods, apparel, furniture, small wares, hardware and boutique foods. Such stores are also known as department stores, variety stores and country general stores.

Grade means the level of the surface of the ground. Examples include:

(1)

Existing grade. The original elevation and contour of the ground after cutting or filling.

(2)

Finished grade. The final elevation and contour of the ground after cutting or filling and conforming to the proposed design.

(3)

Highest adjacent grade. The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a building. If fill has been placed, it refers to the original ground level beneath the fill.

Grandfathered use, structure or lot means a use, structure or lot that was legally established prior to the imposition of current regulations and that does not conform to the requirements of those regulations. Also known as a "nonconforming" use, structure or lot.

Greenhouse means a building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for cultivation of plants for subsequent sale or for personal enjoyment.

Gross floor area means the total area of all floors of a building, measured from the outside plans of the exterior walls.

Ground elevation. See Grade.

Group day care home. See Day care facility.

Group home for the elderly. See Retirement community.

Group personal care home. See Personal care home.

Guesthouse means an accessory use to a dwelling designed and intended for the temporary housing of visitors to a property at the behest of the property residents for no fee or other consideration, and meeting or exceeding the standards for single-family and two-family dwellings under this Code.

Guy tower. See Transmission tower.

Health club or fitness center means a business that provides facilities for aerobic exercises such as running and jogging tracks, exercise equipment, game courts, a gymnasium, or swimming facilities.

Health services facility means an establishment primarily engaged in outpatient health services and counseling, such as a kidney dialysis center, blood bank, or childbirth preparation center, but specifically excluding a drug addiction rehabilitation center.

Height. See Building height, Sign height, Structure height, and Transmission tower height.

Home occupation means any activity carried out for profit by the resident and conducted as an accessory use in the resident's dwelling unit. The term "home occupation" includes:

(1)

Home office. A home occupation that is limited to an office use and does not involve visits or access by the public, suppliers or customers, and does not involve the receipt, maintenance, repair, storage or transfer of merchandise at the home.

(2)

Residential business. A home occupation that is limited to the office use of a practicing professional, artist or commercial representative, and may involve very limited visits or access by clients or customers, but does not involve maintenance, repair, storage or transfer of merchandise received at the home.

Hospital means the use of a building or premises for the provision of diagnostic health services and medical or surgical care to inpatients suffering from illness, disease, injury, deformity and other physical or mental afflictions and, including as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.

Hotel or motel means a business establishment offering temporary lodging to the traveling public while away from their normal places of residence, and often including a restaurant as an accessory use. See in contrast Bed and breakfast inn.

Household means a person living alone or a group of persons living together in a single dwelling unit, sharing common use of and access to all living and eating areas, bathrooms, and food preparation areas, who mutually combine their efforts and share responsibilities for domestic chores, such as child rearing, cleaning and cooking, in a permanent and longterm relationship, as contrasted to one in a transient relationship who pays for lodging, such as a boarder.

Illuminated signs. The term "illuminated signs" includes the following:

(1)

Internally illuminated sign. Any sign that is illuminated by an artificial light source from within the sign structure over any or all of its sign face.

(2)

Externally illuminated sign. Any sign that is partially or completely illuminated at any time by an artificial light source that directly or indirectly illuminates the face of the sign from outside the sign structure.

Impervious surface means manmade structures, improvements and surfaces that prevent or significantly limit the infiltration of stormwater.

(1)

Impervious structures and improvements. Examples of impervious structures and improvements are:

a.

Buildings;

b.

Structures;

c.

Roads;

d.

Driveways;

e.

Parking lots;

f.

Decks;

g.

Swimming pools;

h.

Patios; and

i.

Sidewalks.

(2)

Impervious materials. Examples of impervious materials often used to construct such improvements are:

a.

Asphalt;

b.

Concrete;

c.

Gravel;

d.

Brick;

e.

Stone;

f.

Wood;

g.

Asphalt shingles;

h.

Metal; and

i.

Composite material.

Industrialized (modular) home means a dwelling manufactured in accordance with the Georgia Industrialized Building Act (O.C.G.A. title 8, chapter 2, article 2, part 1) O.C.G.A. § 8-2-110 et seq. and the rules of the commissioner of the state department of community affairs issued pursuant thereto. State approved buildings meet the state building and construction codes and bear an insignia of approval issued by the commissioner.

Junkyard or salvage yard means a building or premises, enclosed by an eight-foot-high opaque fence, used primarily for the collecting, storage or sale of wastepaper, rags, scrap metal or other discarded material, or for the collecting, dismantling, storage, or salvage of machinery or vehicles not in running condition and not awaiting eminent repair, or for the sale or reuse of parts removed from such machinery or vehicles.

Kennel means a shelter where dogs or cats are bred, raised, trained or boarded as a business, and which commonly includes outside facilities.

Lattice tower. See Transmission tower.

Livestock means animals used for the production of food or products, such as all animals of the equine, bovine and swine classes, including goats, sheep, mules, horses, hogs, cattle and other grazing animals; poultry, such as chicken, turkeys, geese, ducks and guinea fowl; and all ratites, such as ostriches, emus and rheas.

Lot means a parcel or tract of land held in single ownership, and includes:

(1)

Corner lot. Any lot bounded by two streets at their intersection.

(2)

Double-frontage lot. A lot bounding on two or more streets, but not at their intersection, so that it is not a corner lot.

(3)

Interior lot. A lot having frontage on only one street.

Lot area means the total horizontal area included within lot lines.

Lot coverage means the portion of a lot that is occupied by structures that create an impervious surface on the ground, such as buildings, parking lots, loading areas, driveways, patios, plazas, recreation courts, and paved outdoor storage or display areas.

Lot line means the boundary dividing a given lot from the street or adjacent lots; the boundary defining the limit of ownership of a property. Examples include:

(1)

Front lot line. Any boundary line of a lot that abuts a street right-of-way line. A lot adjacent to more than one street will have more than one front lot line.

(2)

Rear lot line. Any boundary line of a lot that does not intersect with a street right-of-way line and is not a front lot line.

(3)

Side lot line. Any boundary line of a lot that intersects with a street right-of-way line and is not a front lot line.

Lot of record means a lot which is part of a subdivision, recorded in the office of the clerk to superior court, or a lot described by metes and bounds, the description of which has been so recorded.

Lot width means the distance measured along the front principal building setback line between intersecting lot lines. The lot width shall be measured along a straight line between such points of intersection.

Major street or major thoroughfare means an arterial or collector street. See Street classifications.

Manufactured home means a dwelling fabricated in an off-site facility for installation or assembly at the building site, bearing a label certifying that it is constructed in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC 5401, et seq.), which first became effective on June 15, 1976. The term "manufactured home" includes 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 in floor area, 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 includes any structure which meets all of the requirements of this definition except the size requirement, and with respect to which the urban development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC 5401, et seq.).

Manufactured home park means any lot or parcel under single ownership on which two or more manufactured homes are to be located or intended to be located for purposes of residential occupancy.

Manufactured home sales lot means a premises on which manufactured homes are displayed for sale.

Manufacturing means the creation of finished goods from raw materials or intermediate component parts. The term "manufacturing" includes:

(1)

Heavy manufacturing. The extraction of natural resources or the transformation of raw materials through mechanical or chemical means into basic products for subsequent assembly, fabrication or use in the production of finished goods.

(2)

Light manufacturing. The finishing, fabrication or assembly of previously manufactured parts into a final product or component products ready for retail sale. Light manufacturing is characterized by no emissions of noxious odors, dust, fumes, gas, noise, or vibration outside of any building.

Marquee sign. See Building sign.

Medical or dental office. See Office.

Membership dwelling means a dwelling occupied by a group of people related through membership in a particular organization (as opposed to blood, adoption or marriage), such as a fraternity, sorority or convent.

Membership organization means an organization that operates on a membership basis for the promotion of the members' interest and includes:

(1)

Business, professional or trade association. A private organization that promotes the interests of business groups, such as the Chamber of Commerce; professions, such as the Bar Association; or members of a trade, such as a labor union.

(2)

Church or place of worship. A religious organization operated for worship, religious training or study, and including convents, monasteries, shrines and temples.

(3)

Civic, social or fraternal association. An organization dedicated to public activities of a civic and nonprofit nature, such as an alumni association, the American Legion, Hibernian Society, Masonic Lodge or Oddfellows.

(4)

Political organization. An organization established to promote the interests of a local, state or national political party or candidate.

Miniwarehouse means a structure containing separate storage spaces of varying sizes leased or rented on an individual basis to the general public.

Miscellaneous business service establishment. See Business service.

Miscellaneous personal service. See Personal service establishment.

Miscellaneous retail store. See Retail store.

Mobile home means a dwelling, manufactured prior to June 15, 1976, transportable in one or more sections which, in 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 in floor area, 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.

Mobile home court. See Manufactured home park.

Modular home. See Industrialized home.

Monopole tower. See Transmission tower.

Monument sign. See Freestanding sign.

Motel. See Hotel or motel.

Motion picture theater. See Theater.

Motor freight truck terminal means a building or premises where trucks load and unload cargo and freight and where the cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation.

Motor vehicle dealers, miscellaneous means a business establishment primarily engaged in the sales of motorized vehicles and related equipment other than automobiles, motorboats, motorcycles or recreational vehicles, such as aircraft, dune buggies, go-carts, snowmobiles and utility trailers, and which may include a repair service conducted as an accessory use.

Motorcycle sales and service means the use of any building or premises for the display and sale of new or used motorcycles, scooters or mopeds, and which may include any repair service conducted as an accessory use.

Multifaced sign means a sign structure that contains two or more sign face surfaces that are located on different sides of the structure and are separated from each other at their nearest point by no more than three feet.

Non-safe-fall tower. See Transmission tower.

Nursery school. See Day care facility.

Nursing home means a skilled nursing care facility primarily engaged in providing fulltime convalescent or rehabilitative care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves and require continuous care under the direction of a physician. See in contrast Convalescent home.

Office means the use of any building or premises primarily for conducting the affairs of a business, profession, service, industry, or government, and generally furnished with desks, tables, files, and communication equipment. The term "office" includes:

(1)

General business office. An office used primarily for the administrative or legal affairs of a company.

(2)

Medical or dental office. An office occupied and maintained for the provision of services by a person licensed by the state to practice in the healing arts for humans, such as a physician, surgeon, dentist, or optometrist, but not including veterinary services.

(3)

Professional office. An office occupied by a member of a recognized profession and maintained for the provision of professional services, such as a lawyer, architect, city planner, landscape architect, interior designer, or engineer.

Open space means an area of land or water that is permanently set aside through dedication, designation or reservation to remain in a natural and unimproved state or that may be improved only for active or passive recreation or enjoyment, if such use is otherwise allowed. The term "open space" includes:

(1)

Common open space. Land or water areas within a development project that are available to or benefit all occupants of the development on a continuing and permanent basis, such as walking trails, community centers or clubhouses, golf courses and other recreation areas, protected floodplains or wetlands, and fishing or boating lakes. The term "common open space" does not include any streets or public rights-of-way, or yard areas or landscape areas located on private property.

(2)

Public open space. Land reserved for preservation, leisure or recreational use but dedicated in fee simple to a governing body or agency to be responsible for operation and maintenance. Public open space may not be reserved for or dedicated to the exclusive use of the residents of a particular development.

Outdoor display area means a portion of a property outside of any building where merchandise, goods or other items are placed in public view for the purpose of customer selection or direct sale or lease to customers.

Outdoor storage means the keeping within an unroofed area of any goods, material, merchandise or vehicles in the same place for more than 24 hours for the primary purpose of storage (in contrast to display for customer selection of direct sale or lease to customers).

Out-parcel means a lot deeded separately from a larger tract for individual development, but generally sharing access with the larger tract. Out-parcels are most generally associated with shopping centers.

Overlay zone means a zoning district that may be placed on property in addition to its base zoning. Property may be regulated by a single or by multiple overlay zones.

Owner means a person having or controlling a majority fee simple interest in a property, or an authorized representative.

Pawnshop means a type of used merchandise store in which merchandise is offered as collateral for obtaining loans and wherein such merchandise is offered for sale in recompense for default of loan repayment.

Performing arts theater. See Theater.

Personal care home means a dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service and one or more personal care services for two or more persons who are not related to the owner or administrator by blood or marriage. Examples of a personal care home are:

(1)

Family personal care home. A personal care home in a family home in a family-type residence, noninstitutional in character, that offers care for two to six persons.

(2)

Group personal care home. A personal care home in a residence or other type of building that is noninstitutional in character and offers care for seven to 12 persons.

(3)

Congregate personal care home. A personal care home that offers care to 13 or more persons.

Personal enrichment school. See School.

Personal service establishment means a business primarily engaged in providing a service generally to individuals, such as a laundry, portrait photographic studio, or beauty shop or barbershop. The term "personal service establishment" includes:

(1)

Miscellaneous personal service. An establishment offering such personal services as tax return preparation, clothing or costume rental, dating service, hair removal or replacement, or tanning salon.

Pet means an animal most commonly kept for personal enjoyment or companionship, such as a dog or cat.

Place of public assembly means any church, school, day care center, hospital, nursing home, recreational facility, performing arts facility or any like establishment.

Planned commercial center means three or more commercial establishments that are planned, developed, and managed as a unit and which provide free parking facilities on one lot or contiguous lots.

Plant nursery means land or greenhouses used to raise flowers, shrubs, trees, and other plants for sale to distributors or for subsequent replanting by the owner, a landscape company or others.

Political organization. See Membership organization.

Premises means an area of land with its appurtenances and buildings which, because of its unity of use, is one unit of real estate.

Principal building means a building in which is conducted a principal use.

Principal building setback line means a line delineating the minimum allowable distance between a property line, or the right-of-way line of an abutting street, and a principal building on a lot. Examples include:

(1)

Front building setback. The minimum allowable distance between the right-of-way line of any abutting street and any part of a principal building on a lot. The front setback distance is applied along the full length of the right-of-way line and is parallel to it.

(2)

Rear building setback. The minimum allowable distance between a rear lot line and any part of a principal building on a lot. The rear building setback extends along and parallel to the full length of the rear lot line.

(3)

Side building setback. The minimum allowable distance between a side lot line and any part of a principal building on a lot. The side building setback extends along and parallel to the side lot line between the front building setback and a rear building setback, if any.

Principal use means the specific, primary purpose for which land or a building is used.

Professional office. See Office.

Prohibited use means a use that is not permitted in a zoning district.

Property or parcel of land. See Lot.

Public open space. See Open space.

Quadraplex. See Dwelling, multifamily dwelling.

Recharge area means any portion of the earth's surface, where water infiltrates into the ground to replenish an aquifer.

Record and videotape sales means a business establishment primarily engaged in the retail sale (but not rental) of prerecorded music, movies or other audio or video programs. See also Videotape rental store.

Recreation facility, community, means a swimming pool, tennis court, or other recreation facility owned by or provided for the use of the residents of a subdivision, apartment project, or other residential development.

Recreation facility, private, means an accessory use to a dwelling designed and equipped for the conduct of personal leisure time activities such as a swimming pool, tennis court, deck, or patio. See also Community recreation facility.

Recreational vehicle means a motorized camper, converted bus, tent trailer, motor home, or other similar vehicular or portable structure used or designed for temporary portable housing or occupancy while on vacation or other recreational trip and provided with sleeping accommodations.

Recreational vehicle dealer means the use of any building or premises for the display and sale of new or used recreational vehicles, and which may include any repair service conducted as an accessory use.

Recycling center means a use operated exclusively for the collection and temporary storage of used paper, glass, metal, and similar materials suitable for reprocessing, which are transported elsewhere for separating, processing, or storage.

Regulated stream. See Stream, regulated.

Repair shop, miscellaneous, means a business establishment primarily engaged in specialized repair services such as:

(1)

Bicycle repair;

(2)

Leather goods repair;

(3)

Lock and gun repair;

(4)

Musical instrument repair;

(5)

Septic tank cleaning;

(6)

Furnace cleaning; and

(7)

Taxidermists.

Residential business. See Home occupation.

Restaurant, customer service, means an establishment where food and drink are prepared to individual order, ordered and served at the table, and consumed primarily within the principal building or in established outdoor dining areas, as contrasted to a fast food restaurant that provides drive-in or drive-through service to customers in their cars and which is considered a "fast food" restaurant.

Restaurant, fast food, means any establishment, building or structure where food or drink are served for consumption, either on or off the premises, by order from or service to persons either over an interior counter, outside the structure or from an outdoor service window or automobile service window, or by delivery. This definition shall not include otherwise permitted restaurants where outdoor table service is provided to customers in established outdoor dining areas, or where take-out service is provided incidental to a customer service restaurant.

Retail store means an establishment principally engaged in offering a category of similar goods or products for sale to the general public, such as a grocery store, hardware store, pharmacy, clothing shop, home furnishings store, office supplies store, and the like. The term "retail store" includes:

(1)

Miscellaneous retail stores. Retail stores such as florists, tobacco stores or newsstands, optical goods stores, artists' supplies, stamp and coin shops, pet stores, telephone stores, and home swimming pool and hot tub stores.

Retirement community means an age-restricted residential development that offers significant services and facilities for the elderly, including social and recreational activities, personal care services, or health facilities limited to use by the development's residents. At least 80 percent of the units must be occupied by residents 62 years old or older, and the remaining units must be occupied by at least one resident 55 years old or older.

River means a natural, free-flowing watercourse that is typically of greater volume than a stream or creek.

Roof sign. See Building sign.

Roominghouse or boardinghouse means a dwelling within which a resident family or resident manager offers lodging or lodging and meals to two or more persons not under the resident's parental or protective care in exchange for monetary compensation or other consideration.

Safe-fall tower. See Transmission tower.

School means a facility used for education or instruction in any branch of knowledge. The term "school" includes:

(1)

Academic school. A private educational facility offering instruction following the same curriculum used in a public kindergarten, elementary, secondary, trade or technical, or higher educational facility, and accredited to award diplomas as such.

(2)

Business or vocational school. A business establishment offering courses of instruction oriented to improving business skills or securing employment in a specific field, such as data processing, secretarial or office services, banking, commercial art, nursing, real estate, truck driving, or other trade or vocation.

(3)

Personal enrichment school. A business establishment offering courses in the arts or personal skills, not necessarily related to employment, such as automobile driving, drama, ceramics, cooking, diction, languages, modeling, music, public speaking or reading.

Semipublic use means a use owned or operated by a nonprofit, religious, or charitable institution for the purpose of providing educational, cultural, recreational, religious, or social services to the general public.

Service station. See Automobile service station.

Setback means the shortest straight-line distance between a street right-of-way or lot line and the nearest point of a structure or of a building or projection therefrom (excluding roof overhangs of 18 inches or less).

Setback, minimum, means the shortest distance allowed between a street right-of-way line or any other lot line and a principal or accessory building on a lot. Minimum setback requirements for buildings are associated with the type of lot line from which the setback is taken; for instance, a "side yard setback" is measured from a side lot line.

Sign means any structure, display, or device that is used to advertise, identify, direct, or attract attention to a business, institution, organization, person, idea, product, service, event or location by any means, including words, letters, figures, design characteristics, symbols, logos, fixtures, colors, movement or illumination.

Sign face means that portion of the surface of a sign structure where words, letters, figures, symbols, logos, fixtures, colors, or other design elements are or may be located in order to convey the message, idea, or intent for which the sign has been erected or placed. The sign face may be composed of two or more modules on the same surface that are separated or surrounded by portions of a sign structure not intended to contain any advertising message or idea, and are purely structural or decorative in nature.

Sign face module means each portion or unit of a sign face that is clearly separable from other such units by virtue of the expression of a complete thought, message, logo, or idea.

Sign height means the vertical distance to the highest point of a sign structure. The height is measured from the lowest point of the ground at the base of the structure or directly below a projecting structure, or from the surface of the nearest adjacent street at a point on the roadway centerline nearest the sign, whichever is higher.

Sign structure means all elements of a freestanding sign, including the sign face, background or decorative elements related to the presentation of the sign's message, and the structural supports.

Significant recharge area means those areas mapped by the state department of natural resources in Hydrologic Atlas 18 (1989 edition).

Single-family detached dwelling. See Dwelling.

Solid waste transfer station means a facility where refuse and garbage, but no hazardous waste, is delivered for compaction or aggregation and loaded on trucks for shipment to a remote landfill or other disposal facility.

Special outdoor event means an event which is conducted in the open air or within a tent or other temporary structure and is produced for a limited time, and is:

(1)

A festival, carnival or exhibition where:

a.

Unpackaged food is served, sold or transferred to members of the public; or

b.

Motorized amusement devices, a tent or an outdoor stage is used;

(2)

Any temporary commercial event conducted on residential property, other than a yard sale;

(3)

Any temporary event conducted on residential property where more than 200 guests or attendees are expected on any one day;

(4)

Any event conducted on property owned by any government entity if authorized by the property owner; and

(5)

Any event conducted on the grounds of any developed lot whose principal use is one of public assembly, such as a church, school, library, park or membership organization.

Sports facility, commercial, means the use of any building, structure or premises for the conduct of a professional or semiprofessional sport, such as a boxing pavilion, track and field racetrack, stadium or sports field where admission is charged in order to pay the players or fund a prize purse.

Standard informational sign means a sign with an area not greater than 480 square inches, with a placard made entirely of biodegradable materials for shortterm use, containing no reflective elements, flags or projections, and which, when erected, stands at a height not greater than 30 inches, and is mounted on a stake with a thickness or diameter not greater than 1½ inches.

State waters means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the state, which are not entirely confined and retained completely upon the property of a single person.

Storage means the placement, keeping, or retention of vehicles, equipment, materials, goods, or products on a temporary basis for intermittent use or subsequent distribution or transfer.

Story (of a building) means that portion of a building comprised between a floor and the ceiling or the floor next above. The first floor of a two-story or multistory building shall be deemed the story that has no floor immediately below it that is designed for living quarters or for human occupancy, other than a basement.

Stream means a natural, free-flowing watercourse with either constant or intermittent flow of moderate volume typically less than that of a river.

Stream buffer means a strip of natural indigenous vegetation (of width determined by the watershed protection regulations) adjacent and parallel to the bank of a regulated stream designed to preserve and improve the quality of water within the regulated stream and its watershed.

Stream, regulated, means a natural, free-flowing watercourse that meets certain criteria as established within the watershed protection district regulations. Such streams are subject to the requirements of the watershed protection district regulations.

Street means an improved way for the conveyance of motor-driven, rubber-tired vehicles, such as automobiles and trucks.

Street classifications means streets and roads which are shown in the comprehensive plan according to their classification.

Structure means anything above ground constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, structures include, but are not limited to, buildings, walls, fences, and signs.

Structure height means the vertical distance to the highest point of a structure (other than a building), as measured from the average grade at the base of the structure or directly below a projecting structure. See also Building height and Sign height.

Tenant means one who possesses or occupies land or buildings by title, under a lease, or through payment of rent; an occupant, inhabitant, or dweller of a place.

Theater means a building or interior space devoted to showing motion pictures, or for live dramatic or musical performances. Examples include:

(1)

Motion picture theater. A building primarily used for the exhibition ofmovies or other prerecorded productions to the general public in an indoor setting.

(2)

Performing arts theater. A building primarily used for the presentation of live performances of plays or music.

Theater, drive-in, means an open lot with its appurtenant facilities devoted primarily to the showing of motion pictures or other prerecorded productions to patrons seated in automobiles.

Tire retreading or repair shop. See Automotive repair shop.

Townhouse. See Dwelling.

Transmission tower means a structure, such as a self-supporting tower, lattice tower, guy tower, monopole tower, a safe-fall tower, or a non-safe-fall tower, constructed as a freestanding structure or in association with a building, or other permanent structure or equipment, on which is located one or more antennae intended for transmitting or receiving television, AM/FM radio, digital, microwave, cellular, telephone or similar forms of electronic communication. The term "transmission tower" includes radio and television transmission towers, microwave towers, common carrier towers, and cellular telephone towers. The term "transmission tower" excludes any tower and antenna under 70 feet in total height and owned and operated by an amateur radio operator licensed by the Federal Communications Commission, and satellite earth station antennae one meter in diameter or less which receive only home television transmissions, and any satellite earth station antennae two meters or less in diameter which is located in a commercial or industrial zoning district. Examples include:

(1)

Guy tower. A communication tower that is supported, in whole or in part, by guy wires and ground anchors.

(2)

Lattice tower. A communications tower that has open-framed supports on three or four sides and is constructed without guy wires and ground anchors.

(3)

Monopole tower. A communications tower consisting of a single pole, constructed without guy wires or ground anchors.

(4)

Non-safe-fall tower. Any tower other than a safe-fall tower, as defined in subsection (5) of this definition including, but not limited to, all guy towers and all monopole towers.

(5)

Safe-fall tower. A self-supporting tower whose cross sectional area diminishes with increasing height and which is certified by its manufacturer that any failure shall result in a collapse that will fall entirely or substantially within the base of the tower.

Transmission tower height means, when referring to a transmission tower, antennae or other structure, the distance measured vertically from the highest point when positioned for operation to the lowest point which is defined as the bottom of the base of the structure being measured at either roof or ground level, whichever is applicable. The height of a tower shall include the height of any antennae, positioned for operation, attached or which may be attached to the highest point on the tower.

Travel trailer. See Motor freight truck terminal.

Triplex. See Dwelling, multifamily dwelling.

Truck loading docks means a portion of a building designed for the loading and unloading of trucks.

Truck terminal. See Motor freight truck terminal.

Two-family dwelling. See Dwelling.

Under canopy sign. See Building sign.

Uniform sign plan means coordinated drawings and specifications that establish a unified design concept with regard to the location, materials, size, letter style, and color of all signs to be placed on a property.

Use means the specific purpose for which land or a building or other structure is designed or arranged, or for which it is occupied. See also Principal use and Accessory use or structure.

Used merchandise store means the use of a building or premises primarily for the retail sale of used merchandise or secondhand goods, such as used clothes, antiques, secondhand books or rare manuscripts, or items of architectural salvage, but not including used cars or other motorized vehicles. A pawnshop is a type of used merchandise store.

Utility company means a private business providing electricity, natural gas, telephone, or other services under the regulation of the state public services commission.

Utility company substation means a facility used for the transmission or distribution of services provided by a utility company, such as an electrical transformer station, telephone junction box, cable television box or natural gas regulator station.

Veterinarian means a hospital or clinic providing medical care and treatment for livestock or pets.

Videotape rental store means an establishment primarily engaged in renting movies or other entertainment programs, prerecorded on tape, disks or other media, to the general public for personal or household use.

Wall sign. See Wall sign under Building sign.

Warehouse or indoor storage facility means a building used primarily for the storage of goods and materials. See also Miniwarehouse.

Watershed means the total area of land that is drained by a river or stream, and its tributaries.

Wetlands means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. The ecological parameters for designating wetlands include hydric soils, hydrophytic vegetation, and hydrological conditions that involve a temporary or permanent source of water to cause soil saturation.

Wetlands, jurisdictional means an area that meets the definitional requirements for wetlands as determined by the U.S. Army Corps of Engineers.

Wholesale trade establishment means a place of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

Window sign. See Building sign.

Yard means an area that lies between the principal building on a lot and the nearest lot line. The term "yard" includes:

(1)

Front yard. A yard situated along any public street right-of-way or private street easement.

(2)

Rear yard. A yard situated along a rear lot line.

(3)

Side yard. A yard situated along a side lot line, but not extending into a front or rear yard.

Yard sale means the offering of household items and personal possessions for sale at the residence of the owner.

Zoning change means an amendment to the zoning map (rezoning), approval of a special use, or approval of a change in the conditions of approval associated with a rezoning or special use.

(Ord. No. 0-00-106, § 2, 12-4-2000; Ord. No. 0-01-5, §§ 8, 9, 1-16-2001; Ord. No. 0-01-36, § 2, 6-18-2001)

For the purpose of this zoning ordinance, the following shall apply to the use of words and phrases:

(1)

Words used in the present tense include the future tense. Words used in singular number include the plural number, and words used in the plural number include the singular number. The masculine person "he" or "his" also means "her" or "hers."

(2)

References to the "city" and to the city council and any public officials or appointed bodies of the city not otherwise named political jurisdiction or defined in this zoning ordinance shall always mean the City of Temple, Georgia, and its governing body, appointed or employed officials, and appointed bodies as named. These include:

a.

The city manager, appointed as such by the city council, or the city manager's designee.

b.

The chairperson of the planning commission, appointed as such by the city manager, or the planning and zoning director's designee.

c.

The building official, appointed as such under the building code, or the building official's designee.

d.

The board of adjustments and appeals created as such and appointed by the city council.

e.

The planning commission, as designated by the city council to consider and make recommendations on zoning changes.

(3)

References to an administrative department of the city shall always mean the department created by the city council as such. These include:

a.

Planning and zoning department. References to action by the "planning and zoning department" shall mean action by that administrative official to whom responsibility for that action has been assigned by the director of the planning and zoning department.

b.

Fire department. A reference to action by the "fire department" shall mean action by that administrative official of the county fire department to whom responsibility for that action has been assigned by the fire chief.

(4)

References to public officials, departments or appointed bodies of jurisdictions other than the city. These include:

a.

Clerk of the Superior Court of Carroll County, Georgia.

b.

Carroll County Health Department.

c.

West Georgia Soil and Water Conservation District.

d.

Atlanta Regional Commission.

e.

Georgia Departments of Natural Resources (DNR) and Transportation (DOT).

f.

Georgia Regional Transportation Authority (GRTA).

g.

United States Army Corps of Engineers, the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), the Federal Emergency Management Agency (FEMA), and the Environmental Protection Agency (EPA).

(5)

The word "person" is intended to include any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of the state, any interstate body or any other legal entity.

(6)

The words "shall," "will," "is to" and "must" are always mandatory and not discretionary, while the word "may" is permissive.

(7)

The word "and" indicates that all of the conditions, requirements or factors so connected must be met or fulfilled, while the word "or" indicates that at least one condition, requirement or factor so connected must be met.

(8)

The term "such as" is intended to introduce one or more examples in illustration of a requirement or point, and is intended to mean "including but not limited to the following."

(9)

The verbs "zone" and "rezone" have the same meaning and refer to the act of amending the official zoning map through the process established by this zoning ordinance.

(10)

The nouns "zone," "zoning district" and "district" have the same meaning and refer to the zoning districts established under this zoning ordinance.

(11)

The word "day" means a calendar day unless otherwise specified as a workday, which means Monday through Friday.

(12)

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

(13)

The word "map" or "zoning map" means the city's official zoning map, and may include a series or maps in sections.

(Ord. No. 0-00-106, § 2, 12-4-2000; Ord. No. 0-01-37, § (exh. A), 6-18-2001)

(a)

All words and phrases are to be interpreted within the context of the sentence, subsection, section, subdivision, division and article in which they occur.

(b)

Words and phrases defined.

(1)

Words and phrases defined in this zoning ordinance shall be interpreted as defined without regard to other meanings in common or ordinary use, unless the context of the word or phrase indicates otherwise.

(2)

Words and phrases not defined in this zoning ordinance but defined in appendix B: Development Code or in any other ordinance of the city are to be used in the interpretation of this zoning ordinance if the context is appropriate.

(3)

Words and phrases not defined in this zoning ordinance or in any other ordinance of the city shall be construed to have the meaning given by common and ordinary use as defined by Webster's Third New International Dictionary.

(Ord. No. 0-00-106, § 2, 12-4-2000; Ord. No. 0-01-37, § (exh. A), 6-18-2001)

This zoning ordinance regulates the use of land and the location and use of buildings and other site improvements. The purpose of this zoning ordinance is to promote the health, safety, morals and general welfare of the public, and is intended to:

(1)

Promote the orderly and beneficial development and expansion of the city;

(2)

Provide adequate access to natural light and air;

(3)

Prevent undesirable overcrowding of population or congestion in the streets;

(4)

Secure safety from fire, panic and other dangers;

(5)

Facilitate the orderly and desirable provision of streets and other transportation facilities;

(6)

Ensure the adequate provision of water, sewerage, schools, parks and other public requirements;

(7)

Improve the aesthetic appearance of the city; and

(8)

Encourage the most appropriate use of land and buildings in accordance with the city's comprehensive plan.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

Intent in interpretation. In the interpretation and application of this zoning ordinance all provisions shall be:

(1)

Considered as minimum requirements;

(2)

Liberally construed in favor of the city; and

(3)

Deemed neither to limit nor repeal any other powers granted under state statutes.

(b)

Intent relative to private property agreements. This zoning ordinance is not intended to repeal, abrogate, or impair any valid easement, covenant or deed restriction duly recorded with the clerk of the superior court, to the extent that such easement, covenant or deed restriction is enforceable under law and more restrictive than the requirements imposed by this zoning ordinance.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

Lands to which this zoning ordinance applies. This zoning ordinance applies to all lands within the city.

(b)

Use of land or structures.

(1)

No structure, building or land shall hereafter be used or occupied, located, extended, moved, converted or structurally altered except in full compliance with the provisions of this zoning ordinance. No building or land may be occupied for any use or any change in use prior to issuance of a certificate of occupancy by the city.

(2)

No part of a yard, buffer or off-street parking spaces required in connection with any use or structure for the purpose of complying with this zoning ordinance shall be included as part of a yard, buffer or off-street parking spaces required for any other use or structure, unless specifically allowed under the provisions of this zoning ordinance.

(3)

No portion of any street or highway right-of-way shall be considered a part of a lot or front yard setback for the purpose of meeting the minimum requirements of this zoning ordinance.

(c)

Street frontage required. No building permit shall be issued on any lot unless a street with a minimum of 50 feet of right-of-way provides access to the lot, except that:

(1)

Lots in a commercial subdivision may front on a perpetual easement that is connected to a publicly dedicated street. The easement must be at least 30 feet wide and contain a paved roadway at least 28 feet wide, including curbs and gutters.

(2)

Lots in a private subdivision may front on a private street, provided that the development has been approved by the city council to be served by private streets and that the private streets must meet the same design and construction requirements as public streets.

(d)

One principal house on lot. With respect to single-family detached dwellings, only one principal building and its customary accessory buildings and structures may be erected on any lot.

(e)

Lot reduction prohibited. No yard or lot existing prior to the effective date of this zoning ordinance or any subsequent amendment to it shall be reduced in dimension or area below the minimum requirements set forth in this zoning ordinance. Yards or lots created after the effective date of this zoning ordinance shall meet at least the minimum requirements established by this zoning ordinance.

(f)

Exemptions. The following shall apply:

(1)

Previously issued permits. The provisions of this zoning ordinance and any subsequent amendments shall not affect the validity of any permit lawfully issued by the city if:

a.

The development activity or building construction authorized by the permit has been commenced prior to the effective date of this zoning ordinance or the amendment, or will be commenced after such effective date but within six months of issuance of the permit; and

b.

The development activity or building construction continues without interruption (except because of war or natural disaster) until the development or construction is complete. If the permit expires, any further development or construction on that site shall occur only in conformance with the requirements of this zoning ordinance in effect on the date of the permit expiration.

(2)

Governmental bodies exempt. All governmental bodies and authorities legally exempt from regulation under the city's police power are exempt from the regulations contained in this zoning ordinance.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

Purpose and intent.

(1)

Treatment of nonconformity. This section sets out the provisions that protect uses. Structures and lots that lawfully existed prior to the adoption of this zoning ordinance or a subsequent amendment, but no longer conform to the new regulations. The primary intent of the treatment of nonconformity is to allow the continuation of these uses, structures, lots and signs until the end of their useful life, while encouraging conformance to the new regulations when it becomes reasonable.

(2)

Nonconforming development declared incompatible. Lawful nonconforming uses, structures and lots are declared by this zoning ordinance to be incompatible with land uses, structures, lots and signs that conform to the requirements of the zoning districts in which the nonconformity exists. However, such nonconforming development may be grandfathered and may continue under the circumstances presented in this article for each type of development.

(b)

Nonconforming uses.

(1)

Defined. A nonconforming use is a use or activity that was lawfully established prior to the adoption, revision or amendment of this zoning ordinance, but which, by reason of such adoption, revision or amendment, is no longer a use or activity permitted by right or no longer meets or conforms to the requirements of this zoning ordinance.

(2)

Grandfathered.

a.

To avoid undue hardship, the lawful but nonconforming use of any structure or land at the time of the enactment of this zoning ordinance or any subsequent amendment may be continued even though the use does not conform to the provisions of this zoning ordinance, except that the nonconforming use:

1.

Shall not be changed to another nonconforming use.

2.

Shall not be reestablished after its removal from the property or its discontinuance for six consecutive months or more.

3.

Shall not be enlarged or altered in a way that increases its nonconformity.

4.

Shall not be replaced after removal.

b.

If an existing use was lawfully established in a zoning district that is subsequently amended to require special use approval for such use, the existing use shall not be subject to the provisions of this subsection.

c.

The strengthening or restoration to a safe condition of any structure or part thereof declared to be unsafe by an official charged with protecting the public safety or health shall be allowed upon order of such official.

(c)

Nonconforming structures.

(1)

Defined. A nonconforming structure is a structure or building whose size, dimensions or location on a property were lawful prior to the adoption, revision or amendment of this zoning ordinance, but which, by reason of such adoption, revision or amendment no longer meets or conforms to one or more such requirements of this zoning ordinance.

(2)

Grandfathered. A nonconforming structure may continue to be occupied and used, except that the nonconforming structure:

a.

Shall not be repaired, rebuilt or altered after damage if the cost or repairing exceeds 50 percent of its replacement cost at the time of destruction unless the structure is a single-family residence.

b.

Shall not be enlarged or altered in a way that increases its nonconformity.

(3)

Exception. If the public acquisition of a portion of a lot reduces any yard dimension to less than that required by this zoning ordinance, the structure shall not be considered nonconforming.

(d)

Nonconforming lots.

(1)

Defined. A nonconforming lot is a lot of record whose area, frontage, width or other dimensions were lawful prior to the adoption, revision or amendment of this zoning ordinance, and which, by reason of such adoption, revision or amendment, no longer meets or exceeds one or more such requirements of the applicable zoning district.

(2)

Grandfathered. Where the owner of a legal lot of record at the time of the adoption of this zoning ordinance does not own sufficient land to conform to the minimum lot size or lot width requirement of this zoning ordinance, such lot may nonetheless be used as a building site.

(3)

Combination; where required. If the owner of two or more adjoining lots with continuous frontage, at least one of which is a nonconforming lot, decides to build on one or more of such lots, he must first combine said lots to comply with the dimensional requirements of this zoning ordinance.

(4)

Exception. If the public acquisition of a lot reduces the lot area, frontage, width or other dimension to less than that required by this zoning ordinance, such lot shall not be considered nonconforming.

(5)

Previously approved nonresidential lots. Lots in subdivisions for property zoned nonresidential and other than DCD, for which a final plat has been approved prior to January 1, 2004, shall be developed in accordance with the dimensional standards of the zoning ordinance and other applicable development ordinances effective on December 31, 2003, provided that all necessary permits and development approvals are secured prior to July 6, 2001, and that development activity or building construction continues without interruption (except because of war or natural disaster) until the development or construction is complete; however, such property shall be developed in accordance with the procedure and approval requirements of ordinances effective at the time of development.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

The planning commission chairperson shall be responsible for the interpretation of the requirements, standards, definitions or any other provisions of this zoning ordinance.

(b)

Interpretations of the planning commission chairperson may be appealed to the city council under the provision of this zoning ordinance relating to appeals. Upon any request for an interpretation, the planning commission chairperson may decline to provide an interpretation and request a ruling by the city council within 30 days of the request, and such proceeding shall be considered an appeal.

(Ord. No. 0-00-106, § 2, 12-4-00; Ord. No. 0-01-37, § (exh. A), 6-18-2001)

Figures associated with defined terms or regulatory sections in this zoning ordinance are provided for illustration only and do not limit or change the meaning of the term as defined or the requirements of the regulation as written.

(Ord. No. 0-00-106, § 2, 12-4-00; Ord. No. 0-01-37, § (exh. A), 6-18-2001)