Except as specifically defined here or in other parts of this Code, all words used in this chapter shall have their customary dictionary definition where not inconsistent with the context. For the purpose of this chapter, certain terms or words shall be defined as follows:

Accessory dwellings: An accessory structure to a dwelling, single-family attached or detached that meets the following development standards:

(1)

Accessory dwellings are permitted within the principal dwelling or as a freestanding dwelling in the following zoning districts: R-IA, R-IB, SR, R-II, R-III, and R-IV.

(2)

There shall be no more than one (1) accessory dwelling per residential lot.

(3)

The accessory dwelling may be located in a second floor over a detached garage or may be a separate structure.

(4)

The accessory dwelling shall comply with all building and health code standards.

(5)

A detached accessory dwelling shall be located only within the rear yard.

(6)

The accessory structures shall comply with all minimum setbacks set forth within this chapter.

(7)

The residential lot shall comply with the minimum lot area standards set forth within this chapter.

(8)

An accessory dwelling is limited to two bedroom(s), two bath(s), and one kitchen.

(9)

There should be no separate utility accounts.

(10)

An accessory dwelling building must contain no more than 960 square feet.

Accessory use or building shall mean a use or building customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.

Alleys shall mean a private or public thoroughfare which affords only a secondary means of access to a building property and not intended for general traffic circulations.

Boarding or rooming house shall mean a dwelling in which three or more persons, single or as a family, are housed for compensation, with or without meals.

Building shall mean any structure which has a roof and which is designed for the shelter, support or enclosure of persons, animals or property of any kind.

Building setback line shall mean an imaginary line connecting all points in any lot which are located the specified distance in section 24-121 from the street right-of-way for front yard setback, or from the property lines for side or rear yard setback.

Centerline of street shall mean a line or any extension thereof running midway between the established lot lines or property lines of lands abutting on the street, or the legally surveyed centerline of the street.

Club shall mean buildings and facilities owned or operated by corporation, association, person or persons, for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

Customary home occupation shall mean an occupation or a profession which:

(1)

Is customarily carried on in a dwelling unit.

(2)

Is carried on by a member of the family residing in the dwelling unit.

(3)

Is clearly incidental and secondary to the use of the dwelling unit for residential purposes.

(4)

Which conforms to the following additional conditions:

a.

The occupation or profession shall be carried on wholly within the principal building.

b.

No more than one person outside the family shall be employed in the home occupation.

c.

There shall be no exterior display, no exterior sign, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building.

d.

No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.

e.

No significant increase in traffic volume shall be created by the occupation.

(5)

In particular a customary home occupation includes, but is not limited to the following:

a.

Art studios.

b.

Dressmaking.

c.

Professional office of a physician, dentist, lawyer, engineer, architect or accountant within a dwelling occupied by the same.

d.

Teaching, with musical instruction limited to a single pupil at a time.

(6)

However, a home occupation shall not be interpreted to include the following:

a.

Barber and beauty shops.

b.

Commercial stables and kennels.

c.

Real estate offices.

d.

Restaurants.

Dwelling shall mean a building or portion thereof arranged or designed to provide living facilities for one or more families. However, mobile homes shall be specifically excluded from this definition.

Dwelling, multifamily, shall mean a building designed for or occupied exclusively by three or more families, with separate housekeeping and work facilities for each family, regardless of ownership of such units.

Dwelling, single-family: A structure containing not more than one dwelling unit designed for residential use, which meets or exceeds the following standards:

(1)

Minimum width in excess of 24 feet.

(2)

Minimum square footage required shall not be less than 960 square feet.

(3)

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

(4)

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

(5)

The structure shall be attached to a permanent foundation. The structure shall be completely enclosed down to the foundation with a full perimeter masonry curtain wall, except for necessary access and ventilation.

(6)

Be constructed according to standards established by the Standard Building Code, latest edition, as amended.

(7)

The city commission may approve deviations from one or more of the development or architectural standards provided herein or on the basis of a finding that the materials to be utilized or the architectural style proposed for the dwelling will be compatible and harmonious with existing structures in the vicinity.

(8)

If said structure is constructed off-site to be considered as a dwelling, single family, such structure must in addition to the above standards:

a.

Be inspected by the city prior to assembling on site, and

b.

Must have a certificate from the manufacturer or off-site builder that the structure meets and complies with the standards established by the Standard Building Code, latest edition, as amended.

Dwelling, two-family, shall mean a building designed for or occupied exclusively by two families, with separate housekeeping or cooking facilities for each family.

Dwelling unit: A structure or a portion of any structure designed, arranged and used for living quarters for one or more persons living as a single housekeeping unit with cooking facilities, but not including apartment units or hotels, motels, boarding houses or like uses.

Family shall mean one or more persons living together as a single housekeeping unit in a dwelling.

Hardship shall mean extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography and the application of the ordinance or resolution to this particular piece of property would create an unnecessary hardship, and such conditions are peculiar to the particular piece of property involved, and relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this chapter; provided, however, that no variance may be granted for a use of land or building or structure that is prohibited by this chapter.

Industrialized building shall mean a factory-fabricated transportable building consisting of units designed to be incorporated at a building site on a permanent foundation in a permanent structure to be used for residential purposes and which bears a seal of compliance with regulations of either the Southern Building Code Congress International or the Georgia Industrialized Building Act.

Lot area, net, shall mean the total area of a lot excluding any road or highway or street right-of-way whether dedicated or not dedicated to public use.

Lot, plat or parcel, shall mean a developed or undeveloped tract of land in one ownership, legally transferable as a single unit of land.

Lot width shall mean the horizontal distance between the side lot lines of a lot measured at the front building line.

Manufactured home shall mean a structure defined by and constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended, 42 U.S.C. Section 5401 et seq. The definition at the date of adoption of the ordinance codified in this section, is as follows:

"Manufactured home" means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet and which is built on permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of the United States Department of Housing and Urban Development and complies with the standards established under this title.

Except as provided manufactured homes, as defined by this section if over seven years old as of the date the owner seeks a certificate of occupancy will not be allowed in the corporate limits of the city.

Provided a single wide manufactured home (as that term is commonly used within the manufactured housing industry) if over seven years of age may be allowed in the city subject to an inspection approved by the building inspector of the city. The criteria to be reviewed by the building inspector prior to allowing a single wide manufactured home within the corporate limits must include:

(1)

An application and inspection fee of $150.00.

(2)

The manufactured home must be located within a 75-mile radius of the city.

(3)

There must be a visual inspection before the manufactured home is moved into the corporate limits of the city.

(4)

The manufactured home must have a gable roof with a standard pitch of 3-12.

(5)

The manufactured home must have house-type windows.

(6)

The manufactured home must have minimum dimensions of 14 feet by 60 feet including the tongue.

(7)

The flooring of the manufactured home must be at last ¾-inch plywood, advantec, or equivalent. (Particle board will not be accepted.)

(8)

There should be no interior or exterior structural damage to the manufactured home.

(9)

There should be no major cosmetic damage to the exterior of the manufactured home.

(10)

The manufactured home cannot be any older than 15 years.

(11)

The manufactured home must have the required HUD inspection and identification decal.

(12)

Any manufactured home must be located in a manufactured home park located within the corporate limits of the city.

Manufactured home park shall mean a tract of land developed and offered for the purpose of parking manufactured homes for use as permanent or semipermanent dwelling units. No tract shall be a manufactured home park if more than ten percent of the available spaces are routinely made available to the traveling public for temporary use of less than 30 days.

Map, zoning map shall mean the official zoning map of the city.

Miniwarehouse shall mean a series of storage spaces contained in one building or in a series of buildings which are designed and used for the purpose of renting or leasing individual storage spaces to persons in order that any person renting or leasing one or more such individual storage spaces shall have access for the purpose of storing property therein.

Mobile home shall mean a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein and manufactured prior to June 15, 1976. Mobile homes are prohibited within the Toccoa city limits.

Mobile home park shall mean any lot, parcel, or tract of land, together with open spaces required by this chapter, used, designed, maintained, or held to accommodate two or more residential trailers, including all buildings, structures, tents, accessories, vehicles, appurtenances, used or intended as equipment of such mobile home park, whether or not a charge is made for use of such park, and or its facilities. A mobile home park does not include trailer sales lots on which unoccupied trailers are parked for inspection and sale.

Nursing home shall mean any dwelling where persons are housed or lodged and furnished with meals and nursing care of hire.

Residential dwellings in historic districts shall mean a residential dwelling in the Historic District of the City of Toccoa as allowed by Chapter 5, Article IV, Division 3 of the Code of Ordinances of the City of Toccoa.

Sign shall mean any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge or insignia of any government or government agency, or of any civic, charitable, religious, patriotic, fraternal or similar organization.

Sign, business identification, shall mean an attached or free standing structure on which are announced the nature of the business on the premises and/or the name of the operator of the business.

Sign, outdoor advertising, shall mean an attached or free standing structure conveying some information, knowledge or idea to the public.

Street shall mean a public or private street open to general public use and having a pavement or road bed width of not less than 20 feet, which affords principal access to abutting property. Streets are divided into three classes: major thoroughfares, connector streets and residential streets, and are defined as shown on the zoning map of the city. Such designations are made a part of said map and this chapter.

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

Use principal shall mean the principal purpose for which a lot or the principal building thereon is designed, arranged or intended, and for which it is or may be used, occupied or maintained in accordance with the provisions of this chapter.

Used; occupied, as applied to any land or building, shall include the words "intended, arranged or designed to be used or occupied."

Utility building shall mean any structure customarily used to store lawn tools and equipment, not to be used as a garage or wood shop. The structure shall have a maximum size of 150 square feet and maximum height of ten feet.

Yard shall mean an open space on a lot situated between the principal building on such lot and the lot lines of such lot. In measuring a yard for determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the principal building on the lot shall be used.

Yard, front, shall mean a yard extending across the front of lot from side lot line to side lot line and lying between the front lot line and the principal building on the lot.

Yard, rear, shall mean a yard extending across the rear of a lot from side lot line to side lot line and lying between the rear property line and the principal building on the lot.

Yard, side, shall mean a yard extending along either side of a lot between the front and rear yards and lying between the side lot line and the principal building on the lot.

(Code 1985, § 7-2-1; Ord. No. 86-006, 3-17-86; Ord. No. 88-007, 4-25-88; Ord. No. 92-016, § 1, 9-14-92; Ord. No. 95-014, 3-27-95; Ord. No. 4-2005, 4-25-05; Ord. of 8-8-2016, § I; Ord. of 4-10-2017, § I)

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

Any lawful building, structure or use of land existing at the time of the enactment of this chapter or subsequent amendment, but not in conformity with its use regulations and provisions, may for a period of time be continued subject to the following provisions. It shall not be:

(1)

Changed to another nonconforming use if such use is more objectionable by reason of odor, dust, smoke, gas, fumes, noise, vibration or any other use which would be more objectionable.

(2)

Enlarged or extended except in conformity with this chapter.

(3)

Reestablished after discontinuance for one year.

(4)

Rebuilt, altered or repaired after damage exceeding 60 percent of its fair market value immediately prior to damage except in conformity with this chapter.

(5)

Improved in any way to the extent that such improvements equal or exceed 20 percent of the value of the structure at that time.

(Code 1985, § 7-2-2; Ord. No. 86-009, 5-26-86)

All nonconforming uses of land shall be discontinued and all nonconforming buildings or structures which cause substantial detriment to the public good shall be torn down, altered, or otherwise made to conform with the use provisions of this chapter within five years after May 26, 1986.

(Ord. No. 86-009, § 7-23, 5-26-86)

Off-street automobile parking or storage space shall be provided on every lot on which any of the following uses are thereafter established in all districts as provided for in this chapter except the B-III commercial district; or provided that no parking space can be reasonably provided on the same lot, such space shall be provided on any lot, a substantial portion of which is within 400 feet of such uses. The required parking space for any number of separate uses may be combined in one lot, but the required space assigned to one use may not be assigned to another use at the same time, except that one-half of the parking space required for churches, theaters or assembly halls whose peak attendance will be at night or on Sundays. Each automobile parking space shall be not less than 200 square feet in area exclusive of adequate access drives and maneuvering space. Maneuvering space shall be provided (except for single-family residences) to prevent any vehicle from backing into the street. Such space shall be provided with vehicular access to a street or alley; such use shall not thereafter be encroached upon or altered; and shall be equal in number to at least the minimum requirements for the specific use set forth below. When application of such provision results in a fractional space requirements, the next larger requirement shall prevail.

(Code 1985, § 7-2-4)

Every building or structure used for business, trade or industry shall provide space as indicated herein for the loading and unloading of vehicles off the street or public alley unless otherwise approved. Such space shall have access to an alley or if there is no alley, to a street. For the purposes of this section an off-street loading space shall have minimum dimensions of 12 feet by 40 feet and an overhead clearance of 14 feet in height above the alley or street grade, with adequate access provisions for vehicles. The requirements are:

(1)

Retail business, one space for each 3,000 square feet of floor area or fraction thereof.

(2)

Wholesale and industry, one space for each 10,000 square feet of floor space or fraction thereof.

(3)

Terminal facilities for trucks, buses or railroads, one space for each bus or truck to be stored or loading or unloading at the terminal at any one time.

(Code 1985, § 7-2-5)

Whenever the regulations of this chapter require a greater width of size of yards, courts, or other open space, or require a lower height of buildings or lesser number of stories or require a greater percentage of lot to be left unoccupied, or impose other more restrictive standards than are required in or under any other statutes, the regulations and requirements of this chapter shall govern.

(Code 1985, § 7-2-201)

The city does hereby adopt by reference the Zoning Procedures Law of the State of Georgia and does hereby incorporate each and every provision of that zoning procedures law as it exists or as it may be amended as incorporated by reference herein the Zoning Procedures Law of the State of Georgia as a part of this Code.

A halfway house, drug rehabilitation center or facility for treatment of drug dependency is a structure and/or land used for therapy and/or rehabilitation for substance-dependent individuals.

(1)

Notwithstanding any provision to the contrary any business that will be classified as a halfway house, drug rehabilitation center or a facility for the treatment of drug dependency will be required to have a public hearing as specified in O.C.G.A. § 36-66-4(f) as the same exists or as might be amended which code section is incorporated by reference as if more fully set forth herein.

(2)

No halfway house or drug rehabilitation center shall be located within 100 yards of a church building, or within 200 yards of any school campus, school building, school grounds, college campus, child daycare center, or another halfway house or drug rehabilitation center.

(Ord. of 12-13-2021, § I)

(Ord. of 8-26-24, § I)