This chapter shall be known as the "comprehensive zoning ordinance" of the city.

(Code 1958, § 24-1; Code 1991, § 22-1)

The city council enacts the ordinance from which this section is derived under the exercise of the powers conferred upon it by Ga. Const. art. IX, § II, ¶ IV.

(Code 1958, § 24-4; Code 1991, § 22-1; Ord. of 8-12-1991, § II)

This chapter contains the full text of the recommended comprehensive zoning ordinance and plan and its accompanying maps as certified by the city planning and zoning commission, referred to throughout this chapter as the planning and zoning commission. No change in or departure from the maps so certified has been made except such changes or departures as have been first submitted for the review and recommendation of the planning and zoning commission, and no changes in the maps or text of this chapter have been made except upon the approval of the council of the city. The maps referred to in this section are on file in the administrative offices of the planning department where they are available for review. Such maps are by reference incorporated and made a part of this chapter.

(Code 1991, § 22-3; Ord. No. 09272004-2, § I, 9-27-2004)

The city council expressly finds and determines that this comprehensive zoning chapter is adopted and enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity, and general welfare of the city, its citizens, inhabitants, and occupants and is adopted and enacted in accordance with a comprehensive plan, and it is the intent, purpose and design of the city council by the adoption hereof to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and this chapter and its provisions are adopted after careful and reasonable consideration of the character of each district and its peculiar suitability for particular uses, and with a view to promoting desirable living conditions and the sustained stability of neighborhoods, protection of property against blight and depreciation, securing economy in governmental expenditures, conserving the value of buildings and encouraging the most appropriate use of land and other buildings and structures throughout the city.

(Code 1958, § 24-3; Code 1991, § 22-4)

(a)

Any person or corporation, whether as principal, agent, employee, or otherwise, who violates any of the provisions of this chapter shall be punished as provided in section 1-7.

(b)

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this chapter, the zoning administrator or any other appropriate authority, or any adjacent or neighboring property owner who would be damaged by such violation, in addition to other remedies, may institute injunction, mandamus, or other appropriate action or proceedings to prevent the violation in the case of such building, structure, or land.

(Code 1958, § 24-18.01; Code 1991, § 22-5)

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.

Abut means to share a common lot line or zone lot line.

Accent window means a window used on a facade that is different in size and shape from the typical window.

Accessory dwelling unit means a residential unit that is located on the same lot as a single-family dwelling unit, either internal to or attached to the single-family unit or in a detached structure.

Accessory structure means a building or structure subordinate to the principal building or lot and used for purposes customarily incidental to the main or principal building and located on the same lot therewith. Accessory structures are permitted with all building types.

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

Addition to an existing building means any walled and/or roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls is new construction.

Adjacent means property that is separated by common property lines, lot lines, or an alley; abutting, adjoining, contiguous, or directly across the street from the subject property.

Agriculture means the raising, keeping or production of fruit, vegetable, flower, and other crops; composting; and the processing of those agricultural products, on sites of three acres or less, but not including backyard gardens, abattoirs, commercial feedlots, and stockyards. This uses includes the ordinary accessory uses and structures for preparing, treating, and storing agricultural products, equipment and machinery, but does not include fat rendering, meatpacking, or tanning, cutting curing, cleaning or storing of green hides or skins, slaughtering or meatpacking of animals not raised on the premises, poultry dressing of animals not raised on the premises.

Alley means a public thoroughfare which ordinarily affords only a secondary means of access to abutting property and which is not more than 20 feet wide.

Alteration means generally, a modification of or addition to a structure other than normal maintenance or repairs.

Alternative energy generating equipment or facility means equipment for the collection of solar, wind, or geothermal energy or its conversion to electrical energy for use on the same property or nearby properties, or for incidental sale to a public utility, when that equipment is accessory to a principal use of the property.

Antenna means any apparatus outside of a structure for sending and/or receiving electromagnetic waves.

Appurtenances means architectural features not used for human occupancy consisting of: spires, belfries, cupolas or dormers; silos; parapet walls, and cornices without windows; chimneys, ventilators, antennas, etc.

Arcade means a gallery that has habitable space on the second story.

Architectural feature means a feature contributing to the general arrangement of the exterior of a structure, including but not limited to, the surface texture, building materials, roof shape, eaves, awnings, arcades, pilasters, cornices, wall offsets, and other building articulations.

Artisan manufacturing means application, teaching, making, or fabrication of crafts or products by an artist, artisan or craftsperson either by hand or with minimal automation and may include direct sales to consumers from the same location. This definition includes uses such as small-scale fabrication, manufacturing, and other industrial uses and processes typically not permitted in non-industrial zoning districts such as welding and sculpting, as well as small volume production of craft alcohol as defined by the state, as amended from time to time with a 100,000 gallon production cap.

Assisted living facilities/institutional (group) care means a building or part thereof housing more than 16 persons, on a 24-hour basis, who, because of age, mental disability, or other reasons, live in a supervised residential environment that provides personal care service. This classification includes, but is not limited to, the following: residential board and care facilities, assisted living facilities, half-way houses, group homes, congregate care facilities, social rehabilitation facilities, alcohol and drug centers, and convalescent facilities.

Assisted living facilities/personal care means a building or part thereof housing a maximum of 16 persons, on a 24-hour basis, who, because of age, mental disability, or other reasons, live in a supervised residential environment that provides personal care service. This classification includes, but is not limited to, the following: residential board and care facilities, assisted living facilities, and alcohol and drug abuse centers. The stated facilities shall conform and qualify for license under state law.

Assisted living facility or nursing home means a residential establishment or institution other than a hospital that provides living accommodations and medical services primarily to individuals who, due to illness or disability, require assistance with medical care or daily living functions. Services like transportation, housekeeping, dietary supervision, and recreational activities may also be offered. This use also includes any establishment licensed by the state that provides 24-hour skilled nursing services to elderly and handicapped residents.

Attic means that portion of a building between the ceiling of the top full story and the roof and not used for living purposes.

Automobile sales or storage yards or lots means an open premises used for the storage or retail sale of complete and operable automobiles.

Automobile wash means any building or premises, or portion or a building or premises, devoted to the business of washing automobiles, whether by automated or manual means.

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

Awning means an architectural projection comprised of a lightweight, rigid skeleton structure over which a covering is attached, and applied to the façade of a building as a frontage element and which provides protection from the elements, including sun and rain.

Balcony means an open habitable portion of an upper floor extending beyond a building's exterior wall that is not supported from below by vertical columns or piers but is instead supported by either a cantilever or brackets.

Bar or tavern means an establishment where alcoholic beverages are sold to be consumed on the premises, and where the sale of food is secondary to the sale of alcoholic beverages. This definition includes but is not limited to a bar, grill, saloon, pub, public house, beer garden, brewpub, or similar establishment.

Base flood elevation or 100-year flood means the flood having a one percent chance of being equaled or exceeded in any given year.

Base of operation means a fixed location with a food service permit from the state department of public health from which a mobile food service unit operates.

Basement means a room or story partly underground and having at least one-half of its height above the average level of the adjoining ground. A basement shall be counted as a story if used for dwelling or business purposes.

Bay window means a window structure that projects from the wall of a building.

Bed and breakfast means the use of a single-family detached residence for commercial lodging of overnight guest in which rooms are provided in either the principal building or accessory dwelling unit (ADU).

Boardinghouse or rooming house means a residential structure in which lodging is provided for compensation to one or more individuals who share with another person cooking, bathroom or other communal facilities within the residential structure.

Build-to line means a line parallel to the property line, along which a building shall be built. Porches and handicap ramps shall be exempt from build-to requirements and shall occur behind the property line. Build-to line locations for specific sites may be established by the design review board at the time of application.

Build-to zone means a range of allowable distances from a street right-of-way that the building's principal façade shall be built to in order to create a moderately uniform line of buildings along the street.

Buildable area means the area of a lot remaining after the minimum yard, open space, and perimeter landscape requirements have been met.

Building means any structure, except a mobile home, which has a roof and which is for the shelter, support, or enclosure of persons, animals, or property of any kind.

Building code means the International Building Code (ICC) with Georgia Amendments as adopted by the state.

Building coverage means the horizontal area within the outer perimeter of the building walls, dividers, or columns at ground level including courts and exterior stairways, but excluding uncovered decks, porches, patios, terraces, and stairways.

Building frontage means the side of a building which faces the frontage street.

Building height means the vertical distance of a building measured from the average elevation of the finished lot grade along the front of the building to the highest point of the building.

Caliper means the diameter or thickness of the main stem of a young tree or sapling as measured at six inches above ground level. This measurement is used for nursery-grown trees.

Canopy means a permanent, roof-like shelter that extends from part or all of a building face and is constructed of non-rigid material, except for the supporting framework.

Cap means the protective top layer of a masonry structure exposed to weather from above, such as a wall, parapet, or chimney.

City means the City of Thomasville, Georgia.

Civic space means a building or complex of buildings that house cultural, recreational, athletic, convention, or entertainment facilities.

Club or lodge, private, means an incorporated or unincorporated association for civic, social, cultural, religious, fraternal, literary, political, recreational, or like activities, operated for the benefit of its members and not open to the general public.

Collector streets means those streets which serve as feeders to a major street, as collectors of traffic from minor streets, and for circulation around a residential neighborhood.

Common space means land within or related to a development, not individually owned, that is designed and intended for the common use or enjoyment of the residents and their guests of the development and may include such complementary structures and improvements as are necessary and appropriate. Community garden means a civic space, an open space established as the primary use on an otherwise vacant lot, and available to nearby residents that is available for small-scale cultivation of fruits, vegetables, plants, flowers, or herbs by multiple users. The land shall be served by a water supply sufficient to support the cultivation practices used on this site. Such land may include available public land.

Community center means a not-for-profit or publicly owned facility providing recreational programs and meeting rooms that are open to the public and designed to accommodate and serve significant segments of the community.

Conditional use means a use which within certain districts specified by this chapter is not permitted as a matter of right but may be permitted within these districts by the city council after the planning and zoning commission has:

(1)

Reviewed the proposed site plans for the use, its location within the community, its arrangement and design, its relationship to neighboring property and other conditions peculiar to the particular proposal which would determine its desirability or undesirability;

(2)

Found the proposal not to be contrary to the intent of this chapter; and

(3)

Recommended the use as specified after a public hearing.

Conditional use permit means an authorization of a particular land use which is permitted in a zoning ordinance or local law, subject to requirements imposed by such zoning ordinance or local law to assure that the proposed use is in harmony with such zoning ordinance or local law and will not adversely affect the neighborhood if such requirements are met.

Condominium means a building or complex of multiple-unit dwellings in which each property owner holds full title to a unit and an undivided interest in the common elements. A development consisting of subdivided lots for individual sale shall not be considered a condominium for the purposes of this section.

Conference center means a large venue designed for conferences often consisting of a large hall as well as a number of smaller lecture rooms and other facilities.

Corner lot means a lot which abuts on two or more streets, and roads, at their intersection, or upon a curved street, provided that the two sides of the lot, or the tangents to the curve of the street line at its starting points at or within the side lines of the lot, intersect to form an interior angle of not more than 135 degrees.

Cornice means a horizontal member, structural or nonstructural, of any building, projecting outward from the exterior walls at the roof line, including eaves and other roof overhang.

Cottage court development means a series of small, one- and two-family detached structures on a single lot, providing multiple interior units arranged to define a shared courtyard or common space that is open to the street. Each unit owner holds full title to a unit and an undivided interest in the common elements.

County governing body means the board of commissioners of the county.

Craft brewery means a place where beer is made commercially for onsite consumption and sales and/or for local and regional distribution.

Crematorium means a building with a furnace for cremating dead bodies, either animal or human.

Cultural facility means an establishment used for the purposes of preserving, exhibiting, demonstrating or interpreting art, history, culture or nature or scientific objects or ideas. Cultural facilities shall be interpreted to include, but not be limited to, museums, libraries, zoos, art galleries, aquariums, planetarium, botanical gardens and nature centers.

Curb cut means the providing of ingress and egress between property and an abutting public street.

Day care center means a facility providing supervised care, pre-school, and/or activities outside a family home to two or more individuals for more than three hours a day. Any facility providing daycare for two or more children must be licensed by the state office of children and family services.

Dead-end street means a street with no outlet at one end.

Delivery service means any business supplying delivery service via company or employee vehicles.

Demolition means any intentional defacement, destruction, and/or other action that would cause partial or total destruction of the physical elements of a structure.

Development means all new improvements to an undeveloped a property, including structures and parking areas; the division of a parcel of land into two or more parcels; any excavation, landfill, or land disturbance; and any new use of the land or extension of use of the land.

Development plan means a to-scale drawing of single and/or multifamily residential, institutional, office, commercial or industrial development, or some combination thereof, showing the general layout of a proposed development including, among other features, the location of buildings, parking areas, buffers and landscaping and open/recreational spaces. The development plan and related information form the basis for the approval or disapproval of the development of a PUD.

Diameter at breast height (DBH) means the diameter of the main stem (trunk) of a tree or the combined diameters of a multi-stemmed tree measured at 4.5 feet (54 inches) above the ground natural grade and measured outside of the bark. For a multi-stemmed tree that splits at or below 4.5 feet, the measurement is taken at the narrowest point between the split and the natural grade. In the case of an illegally destroyed tree, the top diameter of the remaining stump if less than 4.5 feet tall shall be considered the "DBH" for the purpose of calculating recompense.

District means a portion of the city within which certain regulations and requirements apply under the provisions of this chapter.

Dormitory means a publicly or privately owned and operated building devoted exclusively to living facilities and associated programming, in which each person residing in each living unit shall be a duly registered student in any accredited school, college, or university, the spouse of such student, or a management employee, or an employee or trainee of a medical or technical institution.

Drive-in or drive-through facility means a use that, by design of facilities or procedures, encourages or permits customers to receive service, or obtain products while remaining in their vehicle, and/or a portion of an establishment or service that allows a customer to receive a product or service without leaving their vehicle.

Driveway means a private roadway providing access for vehicles to a parking space, garage, dwelling or other structures.

Dwelling area means the total internal useable space on all floors of a structure, not including porches, balconies, terraces, stoops, patios, or garages.

Dwelling, duplex means two dwelling units that may be developed as a two-family dwelling on a single lot or as single-family attached dwellings on individual lots.

Dwelling, multifamily, means a building either designed, constructed, altered, or used for more than two adjoining dwelling units, with each dwelling unit having a common wall or common floor connecting it to at least one other dwelling unit in the building.

Dwelling, neighborhood unit means a building used and either designed or constructed for two or more dwelling units on a single lot and designed to be at a scale that blends into a low-density neighborhood context.

Dwelling, single-family attached means a building used and either designed or constructed for two or more dwelling units attached with common walls where each dwelling unit is located on an individual lot and has its primary pedestrian access on the ground story. Examples may include duplexes and townhouses.

Dwelling, single-family detached means a detached building used and either designed or constructed for one dwelling unit on a single lot.

Dwelling, townhouse, means a dwelling structure containing three or fewer dwelling units, constructed side by side with another dwelling structure, and either:

(1)

Connected by vertical walls that extend from grade level or below to the top of the structure.

(2)

Separated from a similar structure on an adjacent lot by no more than four feet between the two dwelling structure's sidewalls, each of which has entrances to its dwelling unit(s) from outside on the ground or first floor, whether located on a single lot or on individual lots.

Dwelling, two-family means a building either designed, constructed, altered, or used for two adjoining dwelling units that are connected by a common wall or, if two-story, by a common floor where both dwelling units are located on a single lot.

Dwelling unit means an enclosure of one or more rooms, including one kitchen facility, designed or constructed as a unit for residential occupancy by one family only.

Easement means a legal instrument, recorded in the county records, that allows access through real property of the conveyor.

Electric vehicle charging station means a facility or area at which electric powered or hybrid powered motor vehicles can obtain electrical current to recharge batteries when accessory to a principal use of the property.

Elevation means an exterior wall of a building.

Encroachment means any architectural feature, structure, or structural element, such as a fence, stoop, balcony, bay window, or deck that breaks the plane of a horizontal regulatory limit extending into a setback or beyond the build-to line.

Entrance, principal, means the main point of access for pedestrians into a building, most often from the primary street.

Entrance, secondary, means the secondary point of access for pedestrians into a building, most often from a secondary street or parking area (rear or side).

Expression line means a line prescribed at a certain level of a building for a major part of the width of a facade, expressed by a variation in material or by a limited projection such as a molding or balcony.

Expressway means a divided highway for through traffic with full or partial control of access. It contains two lanes or more for traffic going in opposing directions and divided by a median strip, and so designed as to protect the opposing flows of traffic and thus increase the safety and practical capacity of the road for regional and interregional traffic.

Exterior means the architectural style, design, general arrangement and components of the outer surfaces of an improvement, as distinguished from the interior surfaces enclosed by said outer surfaces, including but not limited to the kind or texture of building materials and the type and style of windows, doors, lights, signs, sidewalks, landscaping and other such exterior fixtures.

Facade means all elevations of a building which are visible from the public right-of-way. Family means one or more persons occupying a dwelling unit and living as a single housekeeping unit, as distinguished from persons in their individual capacities occupying a boardinghouse, lodging house, hotel, motel or fraternity or sorority house.

Farmers market means an area, which may or may not be in a completely enclosed building, where, on designated days and times, groups of individual sellers, such as growers of horticultural and agricultural products, artisans of craft products, and food and beverage providers, offer these items for sale, directly to the public, from on-site booths.

Fascia means a wide band of material covering the ends of roof rafters, sometimes supporting a gutter in steep-slope roofing, but typically it is a border or trim in low-slope roofing.

Fence or wall means an artificially constructed barrier of wood, masonry, stone, wire, metal, or other manufactured material or combination of materials erected to enclose, screen, or separate areas of land.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source.

Floor area, gross, means the total number of square feet of floor area in a building determined by horizontal measurements between the exterior faces of walls, excluding basement areas, porches, carports, and garages.

Footcandle means a unit of measure of the intensity of light falling on a surface, equal to one lumen per square foot and originally defined with reference to a standardized candle burning at one foot from a given surface.

Foundation planting means plant material placed in near proximity to building foundations, located in planting beds arranged to complement the building elevations and connect the building to the site.

Front lot line means the front lot line of an interior lot separating the lot from the fronting street right-of-way. The front lot line of a corner lot shall be the lot line upon which the principal building entrance will front.

Frontage means the distance for which property abuts one side of a street, road, or highway, or other public way measured along the dividing line between the property and such road, or highway, or other public way.

Frontage build-out means the percentage of the width of a lot that is required to be occupied by its building's primary façade. Up to 50 percent of the width of the primary façade may be counted as meeting the frontage percentage requirement even though it may be set back up to ten feet farther from the lot line than the primary facade's principal plane. The location of the primary facade's principal plane is not changed by façade extensions such as bay windows, awnings, porches, balconies, stoops, colonnades, or arcades, or by upper stories that are closer to or farther from the lot line.

Frontage elements means building elements that are located in the area between the primary façade and the lot line. Frontage elements may occur forward of the build-to zone or setback. In some instances, galleries, arcades, and shopfronts may encroach into the right-of-way barring any restrictions by the public entity that has control over the public right-of-way.

Frontage line means the property line of a lot fronting a thoroughfare or other public way, or a civic space.

Frontage roadway or access street means a roadway contiguous to and generally paralleling an expressway, major street or highway, or through street or highway and so designed as to intercept, collect and distribute traffic desiring to cross, enter, or leave such facility, and to furnish access to property which otherwise would be isolated as a result of controlled-access features peculiar to topographic conditions.

Frontage street means the public right-of-way which serves as primary access to a property.

Frontage type means the way in which a building engages the public realm.

Funeral home means a building used by a professional licensed mortician for burial preparation or where funeral services are held.

Gallery means a frontage element typically used in retail applications where the façade is aligned close to the frontage line with an attached cantilevered shed or a lightweight colonnade overlapping the sidewalk, with no enclosed habitable space above.

Garage means a building used for the storage or housing of motor-driven vehicles.

Garden wall means a freestanding wall made of masonry, typically used as a screen or enclosure for a yard or open space, or as a divider along a street, alley, or lot line.

Grade, finished means natural surface of the ground or surface of ground after completion of any change in contour, abutting building or premises.

Green means a green is an open space consisting of lawn and informally arranged trees and shrubs, typically furnished with paths, benches, and open shelters.

Green roof means a vegetated roof design that is explicitly designed to absorb rainfall, typically to manage stormwater, mitigate the heat island effect, provide habitat for urban wildlife, or offer leisure and recreational space for building occupants.

Gross floor area means the total number of square feet of floor area in a building determined by horizontal measurements between the exterior faces of walls, excluding basement areas, porches, carports, and garages.

Ground floor means that story that contains finished floor area closest to, but not below, grade level.

Ground-mounted means directly installed in the ground and not attached or affixed to an existing structure.

Habitable space means building space whose use involves human presence. Habitable space excludes parking garages and display windows separated from retail activity.

Header means, for purposes of form-based zoning controls, the horizontal member (or assembly of members) visibly spanning the top of an opening (often referred to as a lintel).

Historic resource means any site, building, structure, or object that is: listed individually in the National Register of Historic Places; determined as contributing to the historical significance a historic district recognized by the National Register of Historic Places; or designated as a historic property by the City of Thomasville.

Home occupation means an occupation for gain or support customarily conducted on the premises by a person or family residing thereon. The term "home occupation" shall not be deemed to include a tourist home.

Hospital means any institution receiving in-patients or a public institution receiving out-patients and authorized under state law to render medical or obstetrical care or both. The term "hospital" includes a sanitarium for the treatment and care of senile psychotics or drug addicts but shall not include office facilities for the private practice of medicine or dentistry.

Hotel means any building containing sleeping rooms for the more or less temporary occupancy of individuals who are lodged with or without meals, with no provision made for any cooking in any individual room or suite.

Hotel, apartment, means any building which satisfies both the definition of a multiple-dwelling house and that of a hotel as defined by this section.

Impervious surface means any constructed hard surface that either prevents or impedes the entry of water into the soil. Examples include but are not limited to building roofs, sidewalks, driveways, and other paved surfaces.

Improvement means a building, structure, pavement, parking facility, fence, gate, wall, sign, awning, work of art or object constructed or erected by humans or equipment operated by humans.

Includes means "including but not limited to," unless otherwise provided.

Industrial street or boulevard means a street of some continuity used primarily by all forms of commercial or industrial vehicular traffic and used for intercommunication between commercial areas and residential areas and industrial districts, or between industrial districts.

Infill means new development or redevelopment of buildings and structures on vacant or underused lots within areas containing existing structures.

Infiltration means the process of percolating stormwater into the subsoil.

Institutional (group) care/assisted living facilities means a building or part thereof housing more than 16 persons, on a 24-hour basis, who, because of age, mental disability, or other reasons, live in a supervised residential environment that provides personal care service. This classification includes, but is not limited to, the following: residential board and care facilities, assisted living facilities, half-way houses, group homes, congregate care facilities, social rehabilitation facilities, alcohol and drug centers, and convalescent facilities.

Interior lot means a lot which is not a corner.

Junkyard means the use of property for outdoor storage, keeping, abandonment, sale, or resale of junk including scrap metal, rags, paper, or other scrap materials, used lumber, salvaged house wrecking and structural steel materials, and equipment, or for the dismantling, demolition, or abandonment of automobiles or other vehicles or machinery or parts thereof.

Kennel means the housing of four or more dogs.

Land or territory subdivision means a parcel or tract of land, the dimensions of which are shown on a map on file with the clerk of superior court of the county as of the date of the adoption of the ordinance from which this section is derived.

Landfill means any site, location, tract of land, area, building or premises authorized by the city to be used for the disposal of refuse or demolition debris. Accessory uses include but are not limited to landfill gas recovery systems or facilities.

Landing area means the area of the airport used for the landing, take-off, or taxiing of aircraft.

Landmark means all or any part of an object or structure or property designated as a landmark structure or site.

Landscape means the placement of landscape material in the planting area in accordance with the requirements of this chapter.

Landscaping means any combination of vegetation, such as trees, shrubs, ground cover, thickets or grasses, that are planted, preserved, transplanted, maintained and groomed to develop, articulate and enhance the aesthetic quality of the area as well as provide erosion, drainage and wind control.

Leadership in energy and environmental design (LEED) means a green building certification program created by the U.S. Green Building Council that recognizes best-in-class building strategies and practices.

Live-make unit means a residential dwelling unit that includes a dedicated space where the occupant can perform light manufacturing of goods that is accessible from the living area or from the outside, reserved for and regularly used by one or more residents of the dwelling unit, and in which the type or size of the work performed is larger or more extensive than that permitted as a home occupation.

Live-work unit means an integrated housing unit and working space in a structure that has been designed or structurally modified to accommodate joint residential occupancy and work activity with a commercial component that may accommodate employees and walk-in trade. The residential component may be located above or behind the commercial space.

Lot includes the term "plot" or "parcel" and means a parcel of land occupied or intended to be occupied by a principal building or use and any accessory building and uses customarily incidental to it, including open spaces not less in extent than those required in connection therewith by this chapter. A lot of record is a parcel of land, the dimensions of which are shown on a map or plat on file with the clerk of superior court of the county, and which actually exists as so shown, or any part of such parcel held in a recorded ownership separate from the ownership of the remainder thereof. All lots, except individual condominium and cottage court units within a lot being developed that is recorded after adoption of the ordinance from which this section is derived, shall front on and have ingress and egress by means of a public street, road or highway.

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

Lot depth means the distance between front and rear lot lines. If two opposite sides of such lot are not parallel, the depth shall be deemed to be the mean distance between the front and rear lot lines.

Lot frontage means the property line adjacent to the frontage street.

Lot line means a line bounding a lot that divides one lot from another lot or from a street or any other public or private space.

Lot line, front means the front lot line of an interior lot separating the lot from the fronting street right- of way. The front lot line of a corner lot shall be the lot line upon which the principal building entrance will front.

Lot line, rear means the rear lot line boundary opposite and more or less parallel to the front lot line. The rear lot line of an irregular or triangular lot shall be a line not less than ten feet long, lying wholly within the lot, and parallel to and farthest distance from the front lot line.

Lot line, side means a side lot boundary line that is not a front lot line or a rear lot line. A side lot line separating a lot from a street line is an exterior side lot line. Any other side lot line is an interior side lot line.

Lot width means the distance between the side lot lines, measured along the front yard setback line as established by this chapter, or, if no setback line is established, the horizontal distance between the side lot lines measured along the street right-of-way line.

Major street or highway means a highway primarily for through traffic, usually on a continuous route, with intersections at grade and having direct access to abutting property, and on which geometric design and traffic control measures are used to expedite the safe movement of through traffic.

Manufactured home means a detached single-family dwelling unit, designed for long-term occupancy, which has been prefabricated and then transported to its site or to a sales lot on its own wheels, and requires only minor work before occupancy such as connection to utilities or to a foundation. Such units are usually fully equipped and furnished as opposed to a prefabricated house which may be constructed on or off its proposed site.

Manufactured housing subdivision means a subdivision of land intended for the sale of lots to individuals for the placement and occupancy of manufactured homes.

Master plan (comprehensive plan) means any legally adopted part, maps or elements of the master plan approved by a vote of the planning and zoning commission, and, when legally required, adopted by the city council.

Material change means a change that will affect either the exterior architectural or environmental features of a property at any building, structure, site, object, landscape feature or work of art.

Mini-storage building means a small storage building and may be used for general storage purposes by one or more persons as a single building or divided into compartments and may be leased or rented to the general public.

Minor or local street means a street primarily for access to abutting property.

Mixed use means the development of a single building containing more than one type of land use or a single development of more than one building and use including, but not limited to, residential, office, retail, recreation, public, or entertainment, where the different land use types are in close proximity, and shared pedestrian and vehicular access and parking areas are functionally integrated.

Mobile food service establishment means one or more mobile food service units operating from a single base of operation and under the managerial authority of one individual or entity.

Mobile food service unit means a trailer, motor driven or manually propelled pushcart, food truck, movable portable structure, vehicle vendor, or any other similar conveyance which is not connected to a permanent water supply or sewer disposal system and from which food is offered for sale.

Motel means any building containing sleeping rooms for more or less temporary occupancy of individuals who are lodged with or without meals and where the design favors a direct vehicular approach to each sleeping or living room. Any building or structure exceeding two stories in height shall be classified as a hotel rather than a motel.

Museum means a facility open to the public, with or without charge, for the collection and display of paintings, sculpture, textiles, antiquities, other works of art, or similar items.

Natural grade means the elevation of the ground adjoining the building.

New construction means any development for which an application for a building permit or land disturbance permit must be made prior to the initiation of any improvements.

Nonconforming use means any use of a building or of land that does not conform to the regulations for the district in which it is situated as of the effective date of the ordinance from which this section is derived.

Nursery school means an agency, organization, or individual providing daytime care of four or more children not related by blood or marriage or not the legal wards or foster children of the attendant adult.

Nursing home means a rest home, nursing home, convalescent home to render domiciliary care, but not including facilities for the care of mental patients, epileptics, alcoholics, drug addicts and not including nursery schools.

Office means establishments providing executive, management, administrative, professional services, consulting, banking, laboratory, record keeping, music or sound recording, or a headquarters of an enterprise or organization, but not including the on-premises sale of retail goods.

Open space means any parcel or area of land or water set aside, designated, dedicated, or reserved for public or private use or enjoyment and for the use and enjoyment of owners, occupants, and their guests of land adjoining or neighboring such open space. Open space may include active recreational facilities such as play equipment for youngsters, ball fields, picnic tables.

Parapet means a low wall along the edge of a roof or the portion of a wall that extends above the roofline.

Park or playground means a private or public open area for recreation, which may include accessory parking areas, shelters, picnic tables, restrooms, and other facilities for the use of park patrons. May also be a defined open space, typically interspersed within residential areas, that is designed and equipped for the recreation of children. Playgrounds may be freestanding or located within parks, greens, or school sites.

Parking lot means all or a part of a parcel of land devoted to unenclosed off-street parking spaces which may include partially enclosed one-story buildings.

Parking lot, accessory, means all or a part of a parcel of land used by an individual, partnership, firm or corporation exclusively for the parking of vehicles of its employees or customers.

Parking space means an area of appropriate dimensions, exclusive of access or area, or ramps or columns, etc., to be used exclusively as a temporary storage space for private motor vehicles. Truck loading and unloading space shall not be included in such an area.

Parking structure means an area in an underground or above-ground structure, or an area incorporated into the structural design of a building, for parking automobiles and light trucks in return for direct or indirect compensation.

Parklet means the platform installed by an applicant over parking spaces adjacent to a sidewalk area upon which tables, chairs, umbrellas, landscaping, benches and other accessory components may be placed to create an enhanced pedestrian experience for the general public and patrons of the applicant's adjacent business, providing an area within which the pedestrian experience along the public right-of-way may be amplified and enhanced by offering an area with which one might site, rest, recreate or indulge in open air dining and beverage experience.

Pedestrian passage means an open or roofed access passing between buildings. These passageways frequently connect rear parking areas and alleys to frontages, streets, plazas, and other public use spaces. A pedestrian passage provides a shortcut through long blocks and is often restricted to pedestrian use and limited vehicular access.

Personal or business service means any business that primarily performs a support service for an individual or business, including but not limited to a shoe repair shop, dry-cleaning establishment, laundromat, barber shop, beauty parlor, photocopying (either self-service or full-service), design, printing and binding of documents, presentations, desktop publishing, packaging, and/or mailing, makerspace, collaborative workspace, and sign shop.

Personal care/assisted living facilities means a building or part thereof housing a maximum of 16 persons, on a 24-hour basis, who, because of age, mental disability, or other reasons, live in a supervised residential environment that provides personal care service. This classification includes, but is not limited to, the following: residential board and care facilities, assisted living facilities, and alcohol and drug abuse centers. The stated facilities shall conform and qualify for license under state law and meet the off-street parking requirements of the city zoning ordinance and shall be based on the number of residents residing and working in the facility.

Planned unit development means a form of development characterized by a unified site design for a number of housing units, clustered buildings, common open/recreational spaces and a mix of building types and land uses.

Planting strip means the portion of the street between the curb and the property line exclusive of the area occupied by the sidewalk.

Plaza means a plaza is a formal open space available for civic and commercial uses and spatially defined by building frontages. Landscaping in a plaza consists primarily of pavement; trees and shrubs are optional.

Police or fire station means facilities for the provision of municipal rapid response emergency services such as firefighting and policing, including areas for the storage and maintenance of emergency vehicles and equipment and housing and feeding of emergency personnel.

Portable structures means mobile homes, converted mobile homes, trailers of any kind, or other portable wheeled structures (whether on wheels or with wheels removed and placed on a foundation) that can be driven or towed on their own chassis, and any structure designed, built and intended to be transportable from one location to another. The term "portable structures" does not include those structures regulated by the Georgia Industrialized Building Act.

Primary façade means the front plane of a building not including stoops, porches, or other attached architectural features; the elevation of a structure with the main entrance; also referred to as the building front facade.

Primary pedestrian entrance means the entrance to a structure that is located along the primary street.

Primary street means the public right-of-way that serves as primary pedestrian access to a property.

Principal building means the building containing or to contain the principal use of a lot.

Principal building façade means the front plane of a building not including stoops, porches, or other attached architectural features.

Principal use means the principal purpose for which a lot or the main building thereon is designed, arranged, or intended, and for which it is or may be used, occupied, or maintained.

Private frontage means the privately held space between the front plane of the principal building and the front parcel line/ROW.

Project means any construction or development activity upon real property.

Property owner means any person having a legal or equitable interest in real property.

Public entity means the United States government, including any department, agency, or bureau thereof; the State of Georgia and any political subdivision thereof; or any county, school district, special district, or quasi municipal corporation, including the City of Thomasville.

Public frontage means the area between the vehicular lanes and the front parcel line that contains the curb assembly, walkway type, planter type, landscaping, lighting, signage, and civic elements (benches, bus stops, etc.).

Public notice means a notice published twice in a newspaper of general circulation in the county at least 15 days prior to a public hearing concerning proposed changes or amendments to this chapter or the maps thereto, or both, setting forth the time, place, and purpose of such public hearing.

Public realm means the physical and social domain of the public that is held in common either by their physical presence or by visual association. The term "public realm" includes, but is not limited to, plazas, squares, parks, thoroughfares, public frontages, private frontages, civic buildings and civic spaces.

Public street means right-of-way dedicated to the city or owned by the city for public street purposes.

Public utility means any person, firm, or corporation, municipal department, board, or commission duly authorized to provide public utilities under federal, state, or municipal regulations, including but not limited to gas, steam, electricity, sewage disposal, communication, telegraph, and water.

Public utility or services, major means buildings and facilities for the provision and distribution of public utilities, including without limitation water, sewer, storm drainage, electric, and gas services, by a regulated utility or a public or quasi-public entity, of a size and scale found only in scattered sites throughout the city. This use includes the erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such entities or for the public health or safety or general welfare, but not including buildings.

Rain barrel means a barrel designed for the onsite harvest and storage of rainwater used to offset the potable water needs for a building and/or landscape.

Rear alley means a vehicular way located to the rear of lots providing a location for utility easements and access to service areas, parking, and outbuildings.

Recreation vehicle, travel trailer and camper mean a vehicular portable structure designed as a temporary dwelling for travel, recreation, and vacation uses, which is identified on the unit by the manufacturer as a camper or travel trailer.

Recreation vehicle park means a licensed business operation which leases spaces for short-term location of recreation vehicles, travel trailers or campers, used primarily for leisure time activities.

Recreation vehicle stand means the site designed for the placement of a recreation vehicle and its cabana, accessory structures, utility connections, and off-street parking facilities.

Recycling drop-off center means a building or area of land that serves as a drop-off point for temporary storage for recoverable resources, such as newspapers, glassware, plastics, and metal cans, for onward shipment to a recycling processor or distributor, but at which no processing of such items occurs.

Redevelopment means the demolition or removal of the principal structure of more than 50 percent of the impervious surface of a site; any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered redevelopment, regardless of the actual repair work performed. The term "redevelopment" does not, however, include either:

(1)

Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the chief building official and that are the minimum necessary to ensure safe living conditions.

(2)

Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

Right-of-way (ROW) means the actual land area acquired for a specific purpose such as a utility line or roadway.

Regulating plan means a plan for form-based zoning districts that illustrates the overall vision for the district and describes the required form developments must follow in these areas.

Religious institution means a structure or place in which worship, ceremonies, rituals, and education pertaining to a particular system of beliefs are held, together with its accessory buildings and uses (including buildings used for educational and recreational activities), operated, maintained, and controlled under the direction of a religious group. Examples include churches, mosques, synagogues, temples, or other places of worship. Accessory uses may include but are not limited to school facilities, parking, caretaker's housing, pastor's housing, group living facilities such as convents, or a columbarium.

Restaurant means any establishment that prepares and serves meals for consumption on premises or to take away, and where any sale of alcohol permitted by the state is secondary to the sale of food.

Retail means a use that meets the definition of general retail, specialty retail, or supermarket.

Retail, formula means a business which is required by contractual or other arrangement to maintain one or more of the following items: standardized ("formula") array of services and/or merchandise, trademark, logo, service mark, symbol, decor, architecture, layout, uniform, or similar standardized features and which causes it to be substantially identical to more than five other businesses regardless of ownership or location. Formula businesses can include, but are not limited to restaurants, retail stores, banks, real estate sales offices, spas, hair and nail salons, and hotel/motel/inn/B&B.

Retail, general means establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods, including auction houses, that do not meet the definition of any other retail use, a restaurant use, or any other use listed in the permitted use table.

Retail, specialty means a retailer concentrating on selling a limited or select merchandise line of goods and having a narrow but extensive selection in their specialty. Examples are bicycle shops, music stores, florists, bagel shops, photo supply stores and antique shops.

Satellite receiving dish antenna means a dish-shaped or parabolic-shaped receiving or transmitting antenna (including antennas stored or temporarily placed) for the reception or transmission or both of terrestrial or satellite signals, including television signals, AM radio signals, FM radio signals, telemetry signals, data communication signals or any other reception or transmission signals using free air space as a medium, whether for commercial or private use.

Senior citizens' home means a home for elderly people who choose to live in a place with people their own age, and who do not require regular nursing care or medical attention.

Service station means any building or premises used for the storing, dispensing, servicing, sale or offering for sale at retail of any automobile fuels and lubricants and automobile accessories, but not including major automobile repairing.

Setback means the mandatory clear distance between a property line and a structure.

Setback, front means a setback that extends across the full width of a lot or site, the depth of which is the distance between the front lot line and the closest projection of a building or structure line at right angles to the front lot line, excluding allowable encroachments and projections.

Setback, rear means a setback that extends across the full width of a lot or site, the depth of which is the distance between the rear lot line and the closest projection of a building or structure along a line at right angles to the rear lot line, excluding allowable encroachments and projections.

Setback, side means a setback that extends from the rear line of the required front setback, or the front lot line of the site where no front setback is required, to the front line of the required rear setback, or the rear lot line of the site where no rear setback is required, the width of which is the distance between the side lot line and a line parallel thereto on the site.

Shade tree means any self-supporting woody plant of a species that is well shaped, well branched and well foliated which normally grows to an overall height of at least 35 feet and normally develops an average mature spread of crown greater than 30 feet in the city.

Shared parking means any parking spaces assigned to more than one user, where different people utilizing the spaces are unlikely to need the spaces at the same time of day.

Shed roof means a roof shape having only one sloping plane.

Shelter or boarding kennel means an establishment that provides medical treatment and care to animals, and that may include temporary or overnight boarding of animals that are recuperating from treatment, or an establishment in which five or more domesticated animals (dogs and cats), more than six months of age, are housed, groomed, bred, boarded, trained, or sold. This use includes but is not limited to, animal hospitals, kennels, veterinary clinics, and animal shelters.

Shopfront means a private frontage type where the main facade of the building is at or near the frontage line with an at-grade entrance along the public way. This type is intended for retail use. It has substantial glazing at the sidewalk level and may include a canopy or awning that overlaps the sidewalk.

Shopping center means two or more commercial establishments planned and managed as a single unit with off-street parking and loading facilities provided on the property.

Shoulder means that portion of a roadway between the outer edge of the paved surface or the curb to the inside edge of the ditch or gutter or original ground surface.

Sidewalk means that portion of a street or road available exclusively for pedestrian traffic.

Sidewalk or outdoor cafe means an outside area adjacent to an establishment selling food and/ or drink on which food and drinks are served to patrons of the establishment.

Sill means a sill is the horizontal member (or assembly of members) at the base of a window or door opening.

Site means any lot or lots of record, or contiguous combination thereof, under the same ownership.

Square means a formal open space available for recreational and civic uses and spatially defined by abutting streets and building frontages. Landscaping in a square consists of lawn, trees, and shrubs planted in formal patterns and it is typically furnished with paths, benches, and open shelters.

Stable, private, means a building with a capacity sufficient to accommodate not more than three horses or mules.

Stoop means the front façade of the building is at the build-to-zone and the elevated stoop projects forward. The stoop is used to access the first floor that is elevated above the sidewalk to ensure privacy within the building.

Storage shed means an accessory structure used for storage of personal items.

Storefront means the portion of a building at the first story that is available for retail use.

Stormwater means rainwater, surface runoff, and drainage.

Stormwater management means the use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.

Stormwater runoff means flow on the surface of the ground resulting from precipitation.

Story means the vertical distance of a building included between the surface of any floor and the surface of the next floor above it, or, if there is no floor above it, then the space between such floor and the ceiling next above it, provided that a cellar shall not be considered a story. Attic or basement space is construed as one-half story.

Story, half means that floor area under a sloped roof where no more than 70 percent of the floor area meets the minimum ceiling height requirements under the applicable building code.

Story, first means the lowest story or the ground story of any building, the floor of which is not more than 12 inches below the average grade at the exterior front walls of the building.

Street means a public thoroughfare, 21 feet, or more, wide, where public title to land extends between right-of-way lines. Whenever the sense of the law or these regulations so requires, the term "street" includes avenue, drive, circle, road, highway, or similar terms as they are generally understood.

Street tree means a tree the trunk of which is located in whole or in part within a public right-of-way and that has been planted for the purpose of providing shade and other public benefits; or a tree which has grown naturally achieving a five-inch DBH which, at maturity, can be expected to provide shade for the public sidewalk, parking area, or street; or any exceptional tree located within the required front yard of a lot that provides shade to any part of an adjoining public right-of-way.

Street screen means a freestanding wall built along the frontage line, or coplanar with a façade.

Street grade means the grade of the curb or centerline of street upon which the lot abuts at the midpoint of the frontage.

Street line or right-of-way line means the dividing line between a lot, its property line or lines, and a public right-of-way, a public street, road, or highway, or a private street, road or highway, over which two or more abutting owners have an easement or right-of-way.

Street width means the horizontal distance between the right-of-way lines of the street, measured at right angles to the right-of-way lines.

Structural alterations means any change in the supporting members of a building or structure, such as bearing walls, columns, beams, girders, floor joists, or roof joists, or in the exterior walls.

Structure means anything constructed or erected with a fixed location on or in the ground or attached to something having a fixed location on the ground. Among other things, structures include buildings, manufactured homes, accessory buildings, billboards, swimming pools, fall-out shelters, and outside heating and air conditioning units, but do not include walls or fences.

Subdivision means the division of a lot, tract, or parcel of land into two or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale or of building development for purposes other than agricultural. The term "subdivision" includes resub division and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided.

Substantial damage means damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its condition before the damage occurred would equal or exceed 50 percent of the market value of the undamaged building or structure.

Suspended signs means signs mounted to the underside of beams or ceilings of a porch, gallery, arcade, breezeway or similar covered area. They are typically hung in a manner that allows them to swing slightly. These signs are small, pedestrian scaled, and easily read from both sides.

Swimming pool means any confined body of water designed, used, or intended to be used for swimming or bathing purposes, the bottom, and sides of which are constructed using man-made materials.

Swimming pool, commercial means a swimming pool operated for the use of the general public with or without charge.

Swimming pool, residential means a pool intended for use which is accessory to a residential setting and available only to the household and its guests. All other pools shall be considered public pools for the purposes of this Code.

Telecommunication antenna or satellite dish as accessory use means a piece of equipment, or a dish antenna used for receiving and/ or transmitting telecommunications signals that is attached to or located inside a building as an accessory structure, as opposed to a freestanding antenna or tower structure mounted on the ground.

Temporary construction office or yard means a facility or area used as a temporary field construction office, temporary outdoor storage of construction equipment and materials associated with an active permit to demolish or construct buildings, structures or infrastructure.

Temporary real estate sales/leasing office means a facility or area used as a temporary office to sell or lease land or buildings or interests in land or buildings within a specified area.

Temporary seasonal sales means the temporary sale of goods or products associated with the season or a cultural event, such as the sale of Christmas trees, pumpkins, or seasonal produce. Such sales typically take place in locations not devoted to such sales for the remainder of the year.

Terminated vista means the placement of a building, structure, or streetscape element for the purpose of spatial enclosure, providing a visual focal point, or giving enhanced recognition to the building or structure by such placement.

Thoroughfare means a street. This article mandates that all vehicular rights of way, easements, and parking accessways be designed as thoroughfares that both resemble and function as a traditional street would.

Through street or highway means every street or highway or portion thereof at the entrance to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing the same and when stop signs are erected. It generally is radial or circumferential in relation to present heavily populated areas, and is intended to provide continuous, wide, direct, and adequate routes designed to ensure the future stability of the expanding urban areas within the county and the region. They usually include all state and federal highways not otherwise designated in the master plan.

Tourist home means a dwelling in which sleeping accommodations are provided or offered to transient visitors for compensation.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for commercial, amateur, or ham radio, telephone, television, and similar communications purposes, including self-supporting guyed towers, lattice towers, or monopole towers. The term includes alternative tower structures, cellular telephone towers, common-carrier towers, microwave towers, radio and television transmission towers, and ham radio towers, as well as any support for them.

Tower structure, other means all towers erected on the ground that do not meet the definition of "telecommunication towers," including but not limited to amateur/ham radio, broadcasting towers, radio towers, and television towers.

Trade school means a private or public institution that teaches students a trade or job skill rather than the broad curriculum offered by a college or university. Examples are welding, auto repair, barber/ beauty, secretarial/office skills, construction, accounting, bookkeeping, web design, computer programming, and similar skills.

Typical window means the window in a building that is used most frequently.

Use means the purpose for which a structure or premises, or part thereof, is occupied, designed or arranged.

Vacant commercial building means structures that involve unoccupied or unsecured properties which are unused, unsafe, have disconnected utilities, and/ or have building code violations. Single tenant commercial properties are considered vacant if they remain unused for a minimum of 90 days. Multi-tenant commercial properties are considered vacant when 60 percent of the total tenant space or 60 percent of the total floor area remains vacant for a minimum of 90 days.

Variance means a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.

Visible means any portion of a building facade which is seen from any public right-of-way along the frontage line of the property.

Window light means a pane of glass, a window, or a compartment of a window.

Yard means an unoccupied area, open and unobstructed from the ground or any floor level to the sky, on the same lot as a building.

Yard, front, means that area of a lot lying between the abutting street right-of-way and the principal building of the lot and extending across the front of a lot from side lot line to side lot line.

Yard, rear, means that area of a lot extending across the rear of a lot from side lot line to side lot line and lying between the rear lot line and the principal building on the lot.

Yard, side, means that area of a lot between the side lot line and the principal building on the lot extending from the front yard to the rear yard.

Zoning administrator means the person, officer, or official authorized by the city manager for the administration of these regulations.

(Code 1958 § 24-5; Code 1991, § 22-6; Ord. of 3-26-1973; Ord. of 4-23-1973; Ord. of 3-25-1974; Ord. of 7-12-1982; Ord. of 2-25-1985; Ord. of 3-23-1987, § 1; Ord. of 10-24-1988, § 1; Ord. of 1-23-1989(3), § 1; Ord. of 8-12-1991, § II; Ord. of 10-14-1991, § I; Ord. of 8-28-1995, §§ I, II; Ord. No. 07142003-2, § I, 7-14-2003; Ord. No. 12222003-1, § II, 12-22-2003; Ord. No. 07262004-1, § II, 7-26-2004; Ord. No. 11222004-1, § V, 11-22-2004; Ord. No. 12132004-2, § II, 12-13-2004; Ord. No. 05232005-1, § I, 5-23-2005; Ord. No. 06292005-1, §§ I—V, 6-29-2005; Ord. No. 05142007-1, § I, 5-14-2007; Ord. No. 03242008-3, §§ I, II, 3-24-2008; Ord. No. 04272015-1, 4-27-2015; Ord. No. 04102017-1, § I, 4-10-2017; Ord. No. 04232018-1, § I, 4-23-2018; Ord. No. 24-06122023, § I, 6-22-2023; Ord. No. 52-11132023, § III, 11-13-2023; Ord. No. 25-09082025, § I, 9-8-2025)

(a)

The zoning administrator shall administer and enforce this chapter.

(b)

In interpreting and applying these regulations, the requirements contained in this chapter are declared to be the minimum requirements necessary to carry out the purpose of these regulations. Except as otherwise provided in this chapter, these regulations shall not be deemed to interfere with, abrogate, annul, or otherwise affect in any manner whatsoever any easements, covenants, or other agreements between parties. Whenever the provisions of these regulations impose greater restrictions upon the use of land or buildings, or upon the height of buildings, or require a larger percentage of lot to be left unoccupied than the provisions of other ordinances, rules, regulations, permits, or any easements, covenants, or other agreements between parties, the provisions of these regulations shall govern.

(1)

The words "must", "shall" and "will" are mandatory.

(2)

The words "may" and "should" are permissive.

(3)

Words or phrases which are not capitalized or defined in the glossary of terms, shall be construed according to their customary meaning.

(4)

In the event of a conflict between numerical metrics (i.e. measurements) and graphic metrics (i.e. pictures), the numerical metrics shall control.

(5)

Where the provisions of this Code require calculations to determine applicable requirements, any fractional results shall be rounded up if the number you are rounding is followed by 5, 6, 7, 8, or 9. If the number you are rounding is followed by 0, 1, 2, 3, or 4, the fractional result shall be rounded down.

(Code 1958, § 24-6.01; Code 1991, § 22-7; Ord. No. 24-06122023, § II, 6-22-2023)

No buildings, structure, or land shall be used or occupied, and no building, structure, or part thereof shall be erected, constructed, reconstructed, moved, enlarged, or structurally altered unless in conformity with the regulations of this chapter.

(Code 1958, § 24-6.02; Code 1991, § 22-8)

No building or structure may be erected or use established unless upon a lot as defined by this chapter.

(Code 1958, § 24-6.03; Code 1991, § 22-9)

Except as provided in section 22-41, there shall be no more than one principal building or structure upon any lot other than within an M-1 district.

(Code 1958, § 24-6.04; Code 1991, § 22-10)

No open space shall be encroached upon or reduced in any manner except in conformity to the yard, setback, off-street parking spaces, and such other regulations required by this chapter for the district in which such building is located. Shrubbery, driveways, retaining walls, fences, curbs, and planted buffer strips shall be construed not to be encroachments of yards.

(Code 1958 § 24-6.05; Code 1991, § 22-11)

No part of any yard, other open space, or off-street parking or loading space required about or in connection with any building, structure, or use by this chapter shall be considered to be part of a required yard, or other open space, or off-street parking or loading space for any other building, structure, or use except as provided in section 22-432.

(Code 1958, § 24-6.06; Code 1991, § 22-12)

(a)

Except as provided in section 22-25, no lot existing at the time of passage of the ordinance from which this section is derived shall be reduced, divided, or changed so as to produce a tract of land which does not comply with the minimum dimension or area requirements of this chapter for the district in which it is located unless such reduction or division is necessary to provide land that is needed and accepted for public use.

(b)

When an accessory building is to be located on a corner lot, the side lot line of which is substantially a continuation of the front lot line of the lot to its rear, such building shall not project beyond the front yard required on the lot in the rear of such corner lot.

(c)

In the case of double frontage lots, accessory buildings shall observe front yard requirements on both street frontages wherever there are any principal buildings fronting on such streets in the same block or adjacent blocks.

(Code 1958, § 24-6.07; Code 1991, § 22-13)

No building, structure, service area, or required off-street parking and loading facilities, except driveways, shall be permitted to encroach on public rights-of-way unless permitted elsewhere within this Code.

(Code 1958, § 24-6.08; Code 1991, § 22-14; Ord. No. 24-06122023, § III, 6-22-2023)

Accessory buildings shall not be erected in any required yard, except a rear yard; provided, further, that in no instance shall such a building be nearer than five feet to any rear lot line, nor in any case nearer than the required side yard for the principal building for the district in which it is located.

(Code 1958, § 24-6.09; Code 1991, § 22-15)

Accessory buildings or uses on nonresidential lots shall comply with front, side and rear yard requirements established for the zoning district in which such accessory buildings or uses are located.

(Code 1958, § 24-6.10; Code 1991, § 22-16)

One recreation vehicle, travel trailer or camper as defined in section 22-6 may be stored on a residential lot provided it is locked or unoccupied.

(Code 1958, § 24-6.11; Code 1991, § 22-17)

(a)

General requirements. Portable structures may be used as an office as follows:

(1)

Mobile home sales lots. Mobile homes converted to offices may be used on mobile home sales lots. No other type of portable structure may be used. The office may have living accommodations for a night watchman.

(2)

Construction sites. Any type of portable structure may be used as a construction site office for the duration of the construction. Immediately upon completion of the project, the portable structure shall be removed. Construction site office may have living accommodations for a night watchman or superintendent during construction.

(3)

Restrooms required. Portable structures used as offices shall be equipped with bathrooms or restrooms as required by the intended occupancy.

(4)

Nonconforming use. Any portable structure used for any purpose not permitted by this section is declared to be a nonconforming portable structure. When the use of a nonconforming portable structure is discontinued for a period in excess of six months, the structure shall be removed from the property. Vacancy or non-use or both of the structure, regardless of the intent of the owner or tenant, shall constitute discontinuance under this section.

(5)

Temporary offices. Portable structures may be used as temporary offices during the construction of new office facilities. Restroom facilities must be provided either in the temporary office or in a nearby adjacent building. Portable offices must be removed immediately upon completion of new office spaces.

Portable structures used for any other occupancy are prohibited, except for storage.

(b)

Duration, design and placement of office use. The length of time of use, size architectural design and placement of these portable offices must have prior approval from the city planner.

(Code 1958, § 24-6.12; Code 1991, § 22-18; Ord. of 10-24-1988, § 1; Ord. of 8-28-1995, § III)

No building shall be erected on a lot which does not abut an open public street unless the lot meets the following requirements:

(1)

For commercial property, the owner must:

a.

Secure permanent easements for all required city utilities and infrastructure; and

b.

Secure a permanent 30 feet easement for ingress and egress to property.

(2)

For residential property, a subdivision may be built on private streets and access to the property limited, provided the following requirements are met:

a.

The subdivision contains a minimum of 20 lots;

b.

The owner must enter into an agreement with the city for the maintenance of all streets and infrastructure within the development. All costs of the repairs and maintenance shall be paid by the owner and/or developer; and

c.

The owner must provide the city with a permanent easement for the maintenance of said streets, infrastructure, and utilities.

(3)

For condominiums and cottage court development, the lot being developed must abut a public street. The individual units making up the development may abut a private street or alley if the following requirements are met:

a.

All units have access via the private street or alley.

b.

Maintenance of all common areas are handled by a HOA or similar property agreement.

c.

The owner provides the city with a permanent easement for the maintenance of infrastructure and utilities.

(Code 1991, § 22-19; Ord. of 12-23-1996(3), § I; Ord. No. 04232018-1, § II, 4-23-2018)

(a)

In the case of a corner lot, side yard setback requirements from the property line shall be equal to 75 percent of that required for the front yard setback for the district. On a corner lot where the main entrance into a residence is facing a side yard, it shall be permissible, for purposes of this chapter, to construe the residence to be fronting on the street other than that street which such entrance faces, and side and rear yard requirements may be provided accordingly. If a building is constructed on a through lot having frontage of two roads not at an intersection, a setback from each road shall be provided equal to the front yard requirement for the district in which the lot is located.

(1)

Side yard setback requirements may be administratively reduced to a minimum of five feet when sight triangle requirements are met in accordance with section 22-24.

(b)

In the case of corner lot zoned commercial, the street side yard setback shall be a minimum of five feet.

(Code 1958, § 24-6.14; Code 1991, § 22-20; Ord. of 4-24-1972; Ord. No. 25-09082025, § II, 9-8-2025)

Wherever screening is required by this chapter, a masonry or wood fence of sufficient opacity or chainlink fence with slats of sufficient opacity or a fence and hedge of sufficient opacity or any fence combination to provide an effective visual blind designed to be reasonably compatible with the character of adjoining properties shall be provided and properly maintained. Such fences and walls shall be at least five feet in height, but no greater than seven feet in height, measured from the ground along the common lot line of the adjoining properties. Hedges or comparable natural plantings shall be of such variety that an average height of at least six feet could be expected by normal growth within no later than three years from the time of planting.

(Code 1958, § 24-6.15; Code 1991, § 22-21; Ord. of 7-12-1982)

Within any nonresidential district, side yards and rear yards shall not be required adjacent to railroad rights-of-way.

(Code 1958, § 24-6.16; Code 1991, § 22-22)

(a)

Any lot of record existing at the time of the adoption of the ordinance from which this chapter is derived, which has an area or a width which is less than required by this chapter shall be subject to the following exceptions and modifications: In any district in which single-family dwellings are permitted, any lot of record existing at the time of the adoption of the ordinance from which this chapter is derived which has an area or a width which is less than that required by this chapter may be used as a building site for a single-family dwelling or other use permitted in that zone; provided, however, that the same yard, setback, open space, and other dimensional requirements are met that would be required for a standard lot or required as stipulated in section 22-210 or as modified elsewhere in this chapter.

(b)

Any substandard lot of record may increase the maximum lot coverage to 40 percent.

(Code 1958, § 24-6.17; Code 1991, § 22-23; Ord. of 4-26-1982; Ord. No. 06292005-1, § VII, 6-29-2005)

In all zones, except on corners where a traffic light is existing and operating 24 hours daily, no construction, hedge, bushes or other obstruction to a clear view which extends over three feet in height shall be permitted at any corner of intersecting streets where either or both of the streets are less than 60 feet in width, within the area formed by the legs of a triangle where apex is a point of intersection of the centerline of the traveled roadways and the legs of which are 300 feet along the centerline of the thru street and 33 feet along the centerline of the stop or minor street and the hypotenuse of which is the line connecting the end of the legs. Exceptions shall be made for utility poles, lighting standards, traffic and street signs and trees (on city property), the branches of which are kept trimmed to a height of eight feet above the street level. Nonconforming buildings shall be excepted from this provision.

(Code 1958, § 24-6.18; Code 1991, § 22-24)

In order to create consistent setbacks along a block, the required setback for such building or structure shall be as follows:

The contextual setback shall be no closer than the closest adjacent building to the public right-of-way, and no greater than the farthest adjacent building to the right-of-way. The area between the closest and farthest adjacent building is the build-to zone.

(1)

Where there is no adjacent building set back farther than the generally-applicable front setback, the build-to zone shall be between the generally-applicable setback and the setback of the closest adjacent building to the right-of-way.

(2)

Where there is no adjacent building setback closer to the right-of-way that the generally applicable front setback, the build-to zone shall be between the generally-applicable front setback and the farthest adjacent building setback from the right-of-way.

(3)

Where there are no adjacent buildings on a block face, then the stated setback shall apply.

(Code 1958, § 24-6.19; Code 1991, § 22-25; Ord. No. 24-06122023, § IV, 6-22-2023)

In the event that a district boundary line on the zoning map divides a lot of record held in one ownership on the date of passage of the ordinance from which this section is derived, each part of the lot so divided shall be used in conformity with the regulations established by this chapter for the district in which each such parcel is located; except, however, that if the property owner of such a lot, other than a through lot, so desires, the property owner may extend a use allowed on the greater portion of the lot 50 feet beyond the district boundary line in accordance with setbacks and yard requirements of the district into which the property owner is encroaching.

(Code 1958 § 24-6.20; Code 1991, § 22-26)

Within any residential district, no wall or fence shall exceed six feet in height within or along a boundary of a front, side or rear yard.

(Code 1958, § 24-6.21; Code 1991, § 22-27; Ord. of 7-12-1982)

Any service area, refuse, or storage area between a principal building and a public street being visible from such street and lying within 100 feet of such street shall be screened from view from the public street as specified in section 22-21 if within any commercial area or C-1A area.

(Code 1958 § 24-6.22; Code 1991, § 22-28)

In a C-1, C-2, M, or M-1 zoning district where a lot abuts any residential district, a six-foot-wide buffer shall be provided with screening as specified in section 22-21. Off-street parking associated with such uses shall be governed by this same provision.

(Code 1958, § 24-6.23; Code 1991, § 22-29)

The height limits of these regulations shall not apply to a church spire, belfry, cupola, dome, or ornamental tower not intended for human occupancy, monument, water tower, observation tower, transmission tower, chimney, smokestack, conveyor, flag pole, radio or television tower, mast or aerial, parapet wall not extending more than four feet above the roofline of the building, and necessary mechanical appurtenances.

(Code 1958, § 24-6.24; Code 1991, § 22-30)

Architectural features such as cornices, eaves, steps, gutters, fire escapes, raised patios and raised decks may project not more than four feet beyond any required setback line, except where such projections would obstruct driveways which are or may be used for access for service or emergency vehicles or both.

(Code 1958, § 24-6.25; Code 1991, § 22-31; Ord. of 7-12-1982)

When a lot of record has width of less than the frontage required in the district in which it is located, the zoning administrator shall be authorized to reduce the side yard requirements for such lot; provided, however, that there shall be not less than a six-foot side yard.

(Code 1958, § 24-6.26; Code 1991, § 22-32; Ord. of 7-12-1982)

If either a use or class of use is not specifically indicated as being permitted in a district, either as a matter of right, or as a conditional use, then such use, class of use, or structures for such uses shall be prohibited in such district.

(Code 1958, § 24-6.27; Code 1991, § 22-33)

(a)

In each of the districts described in this section, no building, structure, or obstruction shall be erected or maintained on any land abutting the following street, streets, or highways nearer than the setback as follows:

(1)

Campbell Street: 50 feet from the centerline of such existing street on both sides between West Jackson Street and Pinetree Boulevard.

(2)

Cassidy Road: 35 feet from the centerline of such existing street on both sides between North Broad Street and Pinetree Boulevard.

(3)

Federal highways: 42 feet from the centerline of such highway on both sides; provided, however, that if Smith Avenue, East Jackson Street, Cassidy Road, Campbell Street or Remington Avenue is now or hereafter may be a federal highway, the setbacks specifically provided herein shall apply.

(4)

Hansell Street: 50 feet from each side of the centerline of the existing pavement along Bartow Street from West Jackson Street to South Street and along Hansell Street from South Street to East Jackson Street.

(5)

East Jackson Street: 42½ feet from the centerline of East Jackson Street now existing along both sides between Crawford Street and Pinetree Boulevard in all districts now or hereafter zoned C-1 or C-2.

(6)

Remington Avenue: 41 feet from the centerline of such existing street on both sides between South Crawford Street and South Dawson Street, and 42½ feet from the centerline of such existing street on both sides between South Dawson Street and James Street.

(7)

Smith Avenue: 42 feet from the old centerline of said street along both sides.

(b)

Nothing contained in this section shall be construed or interpreted in any way to require or permit less setback than is specifically required in each district provided.

(Code 1958, § 24-8; Code 1991, § 22-34)

(a)

As to commercial pools, zoning shall be as set forth in section 22-121.

(b)

As to semiprivate pools, such pools may be located as a matter of right in zones R-2A and below. For semiprivate pools to be located in zones R-1 and above, a request for rezoning the property proposed to conditional use, semiprivate swimming pool will be required. As to a proposed subdivision, where a pool is identified at the time of the preliminary and final approval, no rezoning will be required.

(Code 1958, § 22-6.28; Code 1991, § 22-35; Ord. of 4-22-1991(2), § I(24-6.28))

(a)

A residential swimming pool shall not be constructed in any required yard except a rear or side yard, provided further that in no instance shall a swimming pool or any of its appurtenances be located nearer than five feet to any rear lot line, nor in any case nearer than the required side yard setback for the principal building for the district in which it is located.

(b)

When located on a corner lot, a residential swimming pool shall be located from the property line on the side street a minimum of 75 percent of that required for the front yard setback for the district and the setback from the rear property line shall be 50 percent of that required for the rear yard setback for the district.

(Code 1958, § 24-6.29; Code 1991, § 22-36; Ord. of 7-24-1972; Ord. of 7-12-1982)

Areas annexed to the city subsequent to the adoption of the ordinance from which this section is derived shall be placed in the A (agricultural) zoning district and shall remain in the A zoning district until such time as the comprehensive zoning plan of the city has been extended to include the annexed area and a zoning change is executed in accordance with the provisions of this chapter for zoning amendments. Areas may also be simultaneously annexed and zoned when executed in accordance with the provisions of this chapter for zoning amendments.

(Code 1958, § 24-6.30; Code 1991, § 22-37; Ord. of 2-27-1972; Ord. of 7-24-1972)

Any refuse container on private property which is the type that is picked up and emptied mechanically is subject to the following restrictions:

(1)

The container shall be in a location which is accessible 24 hours a day.

(2)

The container shall be located within a paved area.

(3)

The container shall be placed on a four-inch-thick concrete pad, not over two inches above the pavement. The concrete pads shall extend a minimum of 12 inches beyond the container wheels on all sides.

(4)

Containers in apartment complexes located in R-2A and R-2 zones less than 100 feet from a public street shall be screened or located in such a way as to be obscure from such street.

(Code 1958, § 24-6.31; Code 1991, § 22-38; Ord. of 3-25-1974)

Satellite receiving dish antennas are allowed in all zones. In all A, R-1A, R-1B, R-1, R-2A, R-2, R-TH, R-CD and C-1A zones, the following requirements will apply:

•

A satellite receiving dish antenna shall be erected only in a rear yard and the setback requirements will be the same as those required for an accessory building. "Rear yard" is defined as that portion of a lot which lies behind the rear wall of the principal structure located on the lot on the line which would be an extension of that rear wall to each side lot line.

•

The maximum height allowed is 15 feet, zero (0) inches measured from the ground and the maximum width allowed is 12 feet, zero (0) inches.

•

There may not be more than one satellite receiving dish antenna per residence, apartment complex, or condominium association.

•

The city building inspections department shall review the installation plans, which plans must be signed and sealed by a professional engineer registered in the state who shall certify that the satellite receiving dish antenna meets the structural, wind resistance and all other requirements of the standard building code as adopted by the city. Wind resistance is deemed to mean an ability to withstand winds up to 120 miles per hour. The calculations of the engineer shall be submitted along with the plans.

•

Vegetation screening with a minimum height of five feet (but subject to the height limitations for fences set forth elsewhere in the zoning chapter) shall be required between the object and residential properties which abut the rear yard, between the antenna and residential properties across such a front or side street, so as to screen the antenna from the view of persons on first floor levels of the nearby residential properties and from persons on those public streets.

•

After approval of the plans, a permit must be purchased from the building inspections department before installation can begin.

•

A property owner who has in place a nonconforming antenna at the effective date of the ordinance from which this section derives may continue to maintain the antenna in that configuration for five years from the effective date of the ordinance from which this section derives, at which time the nonconforming antenna must be brought into compliance with this chapter or removed, but should the property be sold or transferred, the nonconforming use must be removed within 30 days from the date of purchase or transfer or be made to conform to this chapter.

(Code 1958, § 24-6.32; Code 1991, § 22-39; Ord. of 2-25-1985)

Bed and breakfast uses shall comply with the following standards:

(1)

Meals may be prepared on-site for guests only.

(2)

Each property shall provide one parking space per rentable room.

(3)

The owner or manager shall reside on the property as the owner or manager's primary place of residence.

(4)

The use shall be permitted as follows:

a.

A, R-1, R-1A, R-1B, R-CD, R-TH zones: Maximum number of guest rooms provided shall not exceed two.

b.

R-2, R-2A zones: Maximum number of guest rooms provided shall not exceed five.

c.

C-1, C-1A, C-2, M, M-1 zones: No maximum number of guest rooms.

(Code 1991, § 22-40; Ord. of 3-23-1987, § I; Ord. No. 04272015-1, 4-27-2015)

A home occupation as defined by this chapter shall be governed by the following requirements:

(1)

Only residents of the dwelling may be engaged in the home occupation unless otherwise approved by the zoning administrator.

(2)

The home occupation shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the building.

(3)

Home occupations shall not include any type of retail business (with the exception of e-commerce), manufacturing business, repair business, or clairvoyance, or fortunetelling.

(4)

Only one point of business sign, not exceeding two square feet in size, motionless, nonlighted, and attached to the principal building, shall be permitted, and no advertising signs shall be permitted.

(5)

Use of the building for this purpose shall not exceed 25 percent of the floor area of the principal building.

(6)

No internal or external alterations inconsistent with the residential use of the building shall be permitted.

(7)

The occupation shall not constitute a nuisance in the neighborhood.

(8)

No accessory buildings or outside storage shall be used in connection with the occupation.

(9)

Instruction in music and similar subjects shall be limited to two students at a time.

(10)

Vehicles used primarily as passenger vehicles only shall be permitted in connection with the conduct of the customary home occupation.

(11)

The following and similar uses shall be considered home occupations: Addressing service, art instructor, beauty shop (with no more than one operator), dentist, doctor, drafting, dressmaking, insurance agent, manufacturing agent, music teacher, notary public, photography, real estate agent, tax consultant, ceramics, or e-commerce.

(12)

The board of architectural review and zoning appeals may review and approve uses which are not named but are similar to the list of home occupations in subsection (11) of this section, provided the criteria set out in subsections (1) through (10) of this section are met and the use otherwise meets the intent of this section.

(13)

The following additional conditions apply to home occupations located within the R-1A zoning district:

a.

No signage shall be permitted.

b.

Only those occupations as listed in subsection (11) of this section or approved by the board of architectural review and zoning appeals as authorized in subsection (12) of this section are permitted, given that any occupations requiring clients to be on the premises are not permitted.

c.

At no time shall a client be allowed on the premises in the conduct of business. All physical meetings with clients shall be conducted off-premises and outside of an R-1A zoning district.

d.

No display of products shall be visible from the street.

e.

Use of the building for this purpose shall not exceed ten percent of the floor area of the principal building.

f.

At no time shall merchandise be stored on the premises.

g.

Deliveries shall be limited to not more than twice per week.

(Code 1958, § 24-9; Code 1991, § 22-41; Ord. of 7-12-1982; Ord. No. 03232009-1, § I, 3-23-2009)

Any group of buildings devoted to the same use or two or more uses which are compatible under one management or with common ownership, such as an apartment project or medical office development, known in this chapter as group development project, may be permitted as a conditional use within R-2A and R-2 zone areas after special review and approval of the city council and planning and zoning commission according to the provisions of section 22-532, and as a permitted use within C-1A, C-1, C-2 and M zones, providing it shall meet the following requirements:

(1)

Street access. Any building established as a part of a group development project which cannot properly be served by emergency or service vehicles from an abutting street shall be made accessible to such vehicles by a paved driveway having a roadbed width of not less than 20 feet, exclusive of parking spaces.

(2)

Setback requirements. All buildings and structures established as a part of a group development project shall comply with the front yard setbacks, and the exterior side and exterior rear yard requirements established for the district in which located.

(3)

Illumination not to be a nuisance. Illumination devices such as, but not limited to, flood or spot lights shall be so placed and so shielded as to prevent the rays or illumination there from being cast into neighboring dwellings and approaching vehicles.

(4)

Uses prohibited. In no case shall a use be permitted as a part of a group development project that is prohibited by this chapter in the district in which such project is to be located.

(5)

Prior approval. The plot plan, blueprints and articles shall be previously approved by the chief building official, the superintendent of utilities, and the city engineer.

(Code 1958, § 24-10; Code 1991, § 22-42; Ord. of 7-12-1982; Ord. No. 11222004-1, § I, 11-22-2004)

Accessory dwelling unit (ADU) shall be permitted in all zoning districts. The following requirements shall apply:

(1)

The accessory dwelling unit (ADU) must meet all of the development standards required by underlying zoning classification; except the rear setback can be reduced no less than ten feet from the rear property line.

(2)

Existing ADUs at the time of passage of the ordinance from which this chapter is derived that do not meet the required standards may be allowed but will not be permitted to be altered in size except to meet all requirements.

(3)

No more than one ADU shall be permitted on a lot with another dwelling and shall be permitted only within the rear yard.

(4)

The lot size on which such use is to be established shall meet the minimum lot requirements for two-family dwelling in zoning districts: R-2A, R-2, C-1A, C-1, C-2, M.

(5)

The ADU footprint shall not exceed 800 square feet or 33 percent of the conditioned square footage of the primary dwelling, whichever is greater.

(6)

The ADU must be created through one of the following:

a.

An addition to an accessory structure such as a detached garage or shop;

b.

Construction of a new single-family detached house with detached accessory dwelling unit;

c.

Construction of a detached accessory unit;

d.

Conversion of an existing detached accessory structure; or

e.

Connection of the principle building to a secondary building via back-building (breezeway, or similar structure).

(7)

The design of the accessory dwelling unit must be compatible with the principal building. To the maximum extent practicable; the exterior color, siding, roof pitch, window detailing, roofing materials, and foundation of the accessory dwelling shall be compatible to that which is found on the principal dwelling unit. The primary and the accessory dwelling units shall be designed to portray the character of a single-family dwelling.

(8)

Only one entrance to the structure may be located on the front building elevation of the ADU unless multiple entrances are already in existence.

(9)

Rental of an ADU must be for a minimum of 30 consecutive days per tenant/lessee.

(10)

At the time of application for an accessory unit, the applicant shall provide proof of owner occupancy of the premises.

(11)

Ongoing owner occupancy of either the primary or the accessory dwelling unit is required and shall be enforced through recordation of a deed restriction to that effect with the county.

(12)

Conditions of approval, shall be filed with the county as deed restrictions within 30 days of approval. Evidence of such filing shall be submitted to the zoning administrator within 30 days of said approval.

(Code 1991, § 22-43; Ord. No. 01092017-4, § I, 1-9-2017; Ord. No. 25-09082025, § III, 9-8-2025)

A community garden is a civic space open to the public, even if on private property, established as the primary use on an otherwise vacant lot, for small-scale cultivation of fruits, vegetables, plants, flowers, or herbs by multiple users. The land shall be served by a water supply sufficient to support the cultivation practices used on the site. Such land may include available public land. Community gardens are a permitted use in all zoning districts subject to the following regulations:

(1)

Each community garden must have:

a.

An established set of operating rules which must be approved by the zoning administrator of the city. These rules shall be posted on-site and shall address items such as governance, hours of operation, maintenance, security requirements, and related responsibilities; and

b.

A garden coordinator to perform the coordinating role for the management of the community garden and to liaise with the city zoning administrator. The name and telephone number of the garden coordinator and a copy of the operating rules shall be kept on file at the city building department.

(2)

A site plan must also be submitted and approved by the zoning administrator of the city. The site must be designed and maintained so that water will not adversely affect the current direction of water run-off.

(3)

Any structure used in conjunction with a community garden must comply with the following requirements:

a.

The structure shall be located at least five feet from any property line.

b.

Garden sheds and greenhouses shall be permitted as structures: the aggregate of which shall not exceed 20 percent of the total lot area.

c.

The following are not considered structures for the purposes of this section and are permitted: benches, raised/accessible planting beds, compost and waste bins, picnic tables, fences, garden art, rain barrel systems, cold-frames, hoop houses, apiaries and bicycle racks.

(4)

Fences shall not exceed six feet in height.

a.

If the fence is taller than four feet, it shall be at least 30 percent opaque.

b.

If the fence fronts a street or right-of-way, it shall not exceed four feet in height.

c.

Fences shall be constructed of wood or wood/metal. Living fences such as climbing plants on woven wire fence are strongly encouraged.

(5)

If a community garden is proposed on a site that is owned by the city or a governmental entity (including, but not limited to, the downtown development authority, the city payroll development authority, or the Thomasville-Thomas County land bank authority), the proposed site users must provide a phase I environmental site assessment (ESA) and any other testing and reporting required by the owner. Any historical sources of contamination identified in the ESA must be tested to determine type and level of contamination; appropriate remediation procedures must be undertaken to ensure that soil is suitable for gardening.

(6)

Each community garden shall be maintained in accordance with article II of chapter 15.

(Code 1991, § 22-44; Ord. No. 04102017-1, § II, 4-10-2017)

The cottage court consists of a series of small, one- and two-family detached structures on a single lot, providing multiple interior units arranged to define a shared court that is open to the street. The shared court takes the place of a private rear and becomes an important community-enhancing space. While typically residential in form, the cottage court allows for the establishment of a single-lot cluster of buildings dedicated to one- or two-family housing. The cottage court functions much like a condominium building, only the units have been decentralized and sited around a common space. This use promotes sustainability by encouraging a range of building types and sizes that can readily adapt to changes in the market, surrounding community, or the needs of their owner. This use allows for appropriately scaled, well-designed higher density housing within a primarily single-family, walkable neighborhood.

(1)

Site design standards.

a.

All buildings shall front the shared court area.

b.

No building shall be located in the shared court or between the shared court and the public street.

c.

No building shall be situated with its back, nor any appearance of its back, facing toward a public street or the shared court.

d.

Buildings.

1.

Residential buildings per lot: three minimum, ten maximum. Additional nonresidential buildings are permitted as part of the development so long as all other development standards are met.

2.

Units per lot: Three minimum, 12 maximum.

3.

Units per residential building: Two units maximum.

4.

Build to line from shared court: Zero—ten foot maximum.

5.

Building envelope: 35 feet wide by 75 feet deep maximum.

6.

Heated and cooled square footage not to exceed 1,500 square feet per story.

e.

Shared court.

1.

Area: 400 square feet minimum.

2.

Proportions: Depth 20-foot minimum; width 20-foot minimum.

3.

Shared courts shall consist of, and be maintained with landscaping comprised of:

(i)

Sod;

(ii)

Plantings;

(iii)

Hardscaping of brick, gravel, and/or concrete;

(iv)

Any combination of the above elements;

(v)

Unkempt dirt, asphalt, or blacktop shall be prohibited.

f.

Cottage court developments shall be located on mid-block or interior parcels only, development on corner lots not permitted.

g.

Minimum distance between cottage court developments. No more than one cottage court development per block face.

h.

Parking.

1.

No parking shall be permitted in the shared court or between the shared court and the public street, nor any side of the shared court and the public street.

2.

Vehicular access and parking are not allowed between the building and the shared court.

3.

Parking shall be placed along streets and in small strategically located on-site lots.

4.

On-street parking provided adjacent to the site may count as part of the required parking (lot side only).

i.

The minimum effective curb radius shall be utilized, in keeping with all fire and safety requirements.

j.

Landscape.

1.

Definitions. The following words, terms and phrases, when used in this section (1)j, shall have the meanings ascribed to them in this subsection (1)j.1, except where the context clearly indicates a different meaning:

Caliper means the diameter or thickness of the main stem of a young tree of sapling as measured at six inches above ground level. This measurement is used for nursery-grown trees.

Foundation planting means plant material placed in near proximity to building foundations, located in planting beds arranged to complement the building elevations and connect the building to the site.

Shade tree means any self-supporting woody plant of a species that is well shaped, well branched and well foliated which normally grows to an overall height of at least 35 feet and normally develops an average mature spread of crown greater than 30 feet in the city.

2.

Requirements.

(i)

Shade trees.

A.

There shall be a minimum of one shade tree per dwelling unit. This requirement may be satisfied by the preservation of existing shade trees or by planting new shade trees on-site.

B.

Required shade trees shall have a minimum height of eight feet and a minimum caliper of two inches at the time of planting.

(ii)

Foundation plantings.

A.

Foundation plantings shall be installed along any exposed building foundation that faces the shared court and/or public street.

B.

Foundation plantings shall be planted within five feet of the building foundation.

C.

Foundation plant material/shrubs shall be planted no further apart than the maximum size of the species with a minimum height of eight inches at the time of planting.

D.

If the building facade directly abuts a sidewalk or other hardscape feature, foundation plantings shall not be required.

k.

Fencing.

1.

No wall, fence or hedge shall exceed 72 inches in height.

2.

No perimeter boundary fence, wall or hedge (excluding foundation plantings) shall be erected between the cottage court development and the public street.

3.

The more finished side of a fence or wall shall face away from the building.

4.

Within the cottage court development, walls and fencing shall be permitted around the individual cottage buildings as follows:

(i)

Between the shared court and the front facade of the cottage building, including the frontage elements such as the front porch, the height shall not exceed 42 inches.

(ii)

Between a cottage building and the public street, the height shall not exceed 48 inches.

(iii)

In the case where the standards for the two neighboring and abutting fences or walls allow for a differing height, the maximum standard shall apply to both.

(2)

Architectural standards.

a.

Finish floor elevation shall be a minimum of 18 inches above grade; five feet maximum, except ADA units may be reduced to six inches above grade.

b.

Permitted materials.

1.

Cladding. Wall siding shall be primarily clad in wood, composition board; fiber-cement board; brick; concrete masonry units with stucco (CBS), reinforced concrete with stucco.

2.

Foundation. Exposed foundation walls below the first floor shall be brick, painted brick, painted concrete, or stucco over block or concrete.

c.

Porches.

1.

Buildings are required to have a covered porch facing the shared court.

2.

Area. Minimum eight feet depth; 50 percent to 100 percent of the building front; ten feet minimum.

3.

Height. Clear: eight feet minimum.

4.

Location. When any portion of the porch extends beyond the front facade of the building, the porch shall be considered the front facade.

5.

Stairs may lead directly to the court or may be side-loaded.

6.

A combined or wrap-around porch may be utilized as a means of fulfilling this requirement. In such cases, the minimum width and minimum depth must be met on both facades.

d.

Facades.

1.

All buildings abutting a public street shall have no blank facades.

2.

All building facades facing a public street shall have glazed area or areas of glazed appearance and/or openings of at least 20 percent and no more than 75 percent of the facade area.

3.

All buildings abutting a public street shall contribute to the neighborhood through the use of windows, changes in materials and/or color, with views of the front doors and porches.

(Ord. No. 04232018-1, § III(22-45), 4-23-2018)

(a)

Site development.

(1)

Each interior townhouse lot shall be at least 20 feet in width.

(2)

Each townhouse lot on a corner shall be at least 45 feet in width.

(3)

Each interior townhouse lot that is intended to be at the end of a row of townhouses shall be at least 30 feet wide.

(4)

Each lot shall contain 2,000 square feet of area or more.

(5)

More than four dwelling units require a minimum offset in the building line of three feet.

(6)

A row or grouping of townhouses shall not exceed 200 feet in length.

(7)

No more than four townhouses shall be built in a row having the same building line.

(b)

Setbacks.

(1)

The setback from an interior side lot line shall be a minimum of ten feet for the townhouse which is located at the end of a row of townhouses.

(2)

A minimum setback of 25 feet from side streets shall be maintained.

(3)

Front yard setback will be no less than 30 feet.

(4)

Rear yard setback will be no less than 30 feet, exclusive of accessory buildings.

(5)

If parking spaces and driveways are located in the front yard of a lot, a setback of 50 feet must be maintained for landscaping and other improvements.

(c)

Parking/driveways. Each townhouse lot shall have its own parking spaces with direct access to an alley or street.

(d)

Accessory building. An accessory building may abut an accessory building located on an adjacent lot.

(e)

Single-family residence. Not more than one single-family residence shall be located on a townhouse lot.

(Ord. No. 24-06122023, § V, 6-22-2023)