This chapter is in pursuance of the authority granted by the constitution of the state and it is hereby ordained by that authority.

(Ord. No. 426, § 100, 6-26-86)

The provisions of this chapter shall govern all land, buildings and structures within the corporate limits of the city.

(Ord. No. 426, § 101, 6-26-86)

This chapter shall be known as and may be cited as the Comprehensive Zoning Ordinance, City of Thomson, Georgia.

(Ord. No. 426, § 102, 6-26-86)

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:

Accessory use or structure shall mean a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

Automobile wrecking shall mean the dismantling, storage, sale, or dumping of used motor vehicles, trailers or parts thereof.

Billboard shall mean any form of outdoor advertising whose face area is greater than 250 square feet by measuring the outermost square or rectangular perimeter.

Building. See "Structure."

Building area of a lot shall mean that portion of a lot bounded by the required rear, side and front building setback lines.

Building height shall mean the vertical distance from the established average sidewalk grade, street grade or finished grade at the building lines, whichever is the highest, to the highest point of the building.

Building setback line shall mean a line delineating the minimum allowable distance between the property line and a building on a lot, within which no building or other structure shall be placed except as otherwise provided.

Building setback, front, shall mean the minimum allowable distance between the property line and the front of a building or structure on a lot. The front setback distance is applied to the full width of the lot and is parallel to or concentric with the street centerline.

Building setback, rear, shall mean the minimum allowable distance between the rear property line and a building or structure on a lot. The rear setback applies to and extends the full width of the lot.

Building setback, side, shall mean the minimum allowable distance between the side property line and a building or structure on a lot. The side setback applies to the full depth of a lot.

Centerline shall mean that line determined as such by the official authority having jurisdiction over the street, otherwise it shall be the succession of midpoints between the identifiable limits of any improvements on the ground or of any easement.

Clinic shall mean an establishment where medical or dental patients, who are not lodged overnight, are admitted for examination or treatment.

Club or fraternal organization (nonprofit) shall mean golf courses, tennis courts and similar recreational uses of a noncommercial nature, and specifically excluding commercial driving ranges, miniature golf courses and similar uses.

Convenience gas station shall mean building and premises where gasoline and oil may be dispensed at retail. Uses permissible also include the sale of cold drinks, package foods, tobacco and similar convenience goods for station customers.

Day care center shall mean a licensed and approved public or private operation; the purpose of which is to care for children in a group setting where education may be involved and meals may be served.

Dwelling shall mean a building or portion of a building arranged or designed to provide living quarters for one or more families.

Dwelling, single-family, shall mean a detached dwelling other than a mobile home designed for or occupied exclusively by one family.

Dwelling, two-family, shall mean a detached or semi-detached dwelling designed for or occupied exclusively by two families in separate dwelling units living independently of each other on a single lot.

Dwelling, group, shall mean a building or portion of a building occupied or intended for occupancy by several unrelated persons or families, but in which separate cooking facilities are not provided for such resident persons or families. The term "group dwelling" includes but is not limited to the terms "roominghouse," "apartment hotel," "fraternity house" or "sorority house." A hotel, motel or tourist home shall not be deemed to be a group family dwelling as herein defined.

Dwelling, multi-family, shall mean a dwelling or dwellings on a single lot, designed for or occupied by three or more families living independently of each other, with the number of families in residence not exceeding the number of dwelling units provided.

Dwelling unit shall mean one or more rooms connected together and constituting a separate, independent housekeeping establishment for use on a basis involving owner occupancy or rental or lease on a weekly, monthly or longer basis, with provisions for cooking, eating and sleeping, and physically set apart from any other rooms or dwelling units in the same structure.

Family shall mean one or more persons occupying a single dwelling unit provided that unless all members are related by blood, legal adoption or marriage such family shall contain no more than five persons. Domestic servants employed on the premises may be housed on the premises.

Intermediate care home shall mean rest home, nursing home, convalescent home, home for the aged or similar use established and operated to provide lodging and meals and/or domiciliary care for aged, infirm, chronically ill or convalescent persons.

Kennel shall mean any place in or at which any number of dogs are kept for the purpose of sale or in connection with boarding, care or breeding, for which any fee is charged.

Lot shall mean a parcel or tract of land held in one ownership to which zoning regulations are to be applied, which may include one or more separately deeded or platted parcels or other such "lots of record."

Lot area shall mean the total horizontal area included within lot lines.

Lot frontage shall mean the length of a straight line drawn between the two points where the abutting property lines or other adjacent lot lines cut a given street line of a public street. A lot may have more than one frontage.

Lot lines shall mean the boundary dividing a given lot from the street, an alley or adjacent lots.

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

Mobile home shall mean a detached single-family dwelling unit with all of the following characteristics:

(1)

Designed for long-term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities, with plumbing and electrical connections.

(2)

Prefabricated and designed to be transported fully assembled into one unit on its own wheels or on a flatbed or other trailer or detachable wheels.

(3)

Arriving at the site where it is to be occupied as a complete dwelling including major appliances and furniture and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports and connection to utilities and the like.

(4)

Being at least eight feet but not greater than 14 feet in body width exclusive of any acceptable incidental appurtenances such as windows, porches, etc.

Mobile home park shall mean any plot or tract of land on which two or more mobile homes are to be located or intended to be located for purposes of residential occupancy.

Modular/double-wide home shall mean a single-family dwelling premanufactured in two pieces and transported to the building site having all the following characteristics of a permanent dwelling:

(1)

All wheels, axles and tongues removed.

(2)

A permanent masonry foundation enclosing all four sides.

(3)

A composition asphalt shingle roof (no metal) with a minimum pitch of three to 12.

(4)

Two by four framed exterior walls.

(5)

Wiring to meet the National Electrical Code.

Nonconforming use shall mean any building, structure or use of land existing at the time of enactment of this chapter which does not comply with or conform to the provisions of the zoning district in which it is located.

Sign shall mean and include every outdoor advertising device, billboard, poster panel, freestanding ground sign, roof sign, projecting sign, pylon sign, illuminated sign, sign painted on a wall, window, marquee, awning or canopy and shall include any announcement, declaration, demonstration, display, ribbon, banner, illustration or insignia used to advertise or promote the interests of any person when the same is placed in view of the general public traveling along a public street right-of-way.

Sign, on-site, shall mean an outdoor advertising device relating in its subject matter to the premises on which it is located. On-site signs do not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business.

Sign, off-site, shall mean an outdoor advertising device other than an on-site sign. Off-site advertising includes billboards, panels and other advertising signs.

Structure shall mean anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, billboards, satellite dishes, storage buildings, and poster panels. Excluded are fences less than eight feet in height and structures less than 30 inches in height.

Use shall mean the purpose for which land or a building or other structure is designed, arranged or intended or for which it is or may be occupied or maintained.

Variance shall mean 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 result of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship. As used in this chapter, a variance is authorized only for height, area, and size of a structure, size of yards and open spaces, off-street parking and loading requirements, street access requirements and sign regulations. Establishment or expansion of a use otherwise prohibited in a zoning district shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconforming uses in a zoning district or uses in an adjoining zoning district.

Yard shall mean a required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward, provided however, that fences, walls, poles, posts and other customary yard accessories, ornaments and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.

(Ord. No. 426, § 106, 6-26-86; Ord. No. 494, 9-11-97)

Cross reference— Definitions and rules of construction generally, § 1-2.

The purposes of this chapter are as follows: 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; to sustain the stability of neighborhoods; to protect property against blight and depreciation; to secure economy in governmental expenditures; to conserve the value of buildings; to encourage the most appropriate use of land and all buildings and structures and to assist the orderly, efficient and integrated development of the city in accordance with the comprehensive plan.

(Ord. No. 426, § 103, 6-26-86)

Except as otherwise provided, no structure or land shall, after the adoption of this chapter be used, and no structure or part thereof shall be erected, altered or moved unless in conformity with the requirements herein specified for the district in which it is located. In their interpretation and application, the provisions of this chapter shall be considered minimum requirements adopted for the promotion of the public health, safety, morals, convenience, order, prosperity and general welfare of the community.

(Ord. No. 426, § 400, 6-26-86)

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals or general welfare. Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive or that imposing the higher standards shall govern.

(Ord. No. 426, § 407, 6-26-86)

Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the building inspector. He shall record properly such complaint, immediately investigate and take action thereon as provided by this chapter.

(Ord. No. 426, § 408, 6-26-86)

(a)

Any person who violates any provision of this chapter or fails to comply with the requirements thereof shall, upon conviction, be fined not more than $500.00 or imprisoned in the city jail for not more than 60 days, or both, and in addition shall pay the cost of such action. Each day such violation continues shall be considered a separate offense. The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties provided in this section.

(b)

In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is or is proposed to be used in violation of this chapter the city building inspector, city attorney or other appropriate authority of the city or any adjacent or neighboring property owner who would be specially damaged by such violation, in addition to other remedies, may institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use; or to correct or abate such violation, or to prevent the occupancy of such building, structure or land.

(Ord. No. 426, § 409, 6-26-86)