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Ty Ty City Zoning Code

SECTION 2

- DEFINITIONS

For the purposes of these regulations, certain terms or words used herein shall be defined as follows:


2-1.- Interpretation of certain terms and words.

Words used in the present tense include the future tense. Words used in the singular include the plural, and words used in the plural include the singular.

The word "person" includes a firm, partnership, company, corporation or association.

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

The word "building" includes the word "structure."

The word "shall" is always mandatory, and not merely directory.

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

2-2. - Accessory building.

A detached, subordinate structure, the use of which is clearly incidental to, customarily associated with, and related to the principal structure or use of the land; and which is located on the same lot as the principal structure or use, including residential swimming pools.

2-3. - Zoning administrator.

The person, officer, or official and his authorized representative, whom the city council has designated as its agent for the administration of this ordinance. (See section 11-1.)

2-4. - Adult entertainment.

Performances by topless and/or bottomless dancers, strippers or similar entertainers, where such performances are characterized by the display or exposure of specific anatomical areas.

2-5. - Adult entertainment establishments and services defined.

(a)

Adult entertainment establishments. Any commercial establishment, which has as one of its primary purposes or business the offer for sale of any book, publication, or film which depicts nudity or sexual conduct or engages in adult entertainment services which shall include adult entertainment dances, bath houses, wrestling parlors, or like activity, including a night club, restaurant, cabaret, lounge, or other establishment which features adult entertainment.

(b)

Adult bookstore. Any establishment that sells books, magazines, calendars, or pictures which graphically or erotically depict a human or humans engaged in sexual activity.

(c)

Adult video stores. Any establishment that sells movies or any type of motion picture that graphically or erotically depicts a human or humans engaged in sexual activity.

(d)

Adult novelty stores. Any establishment that sells items that look like or are intended to replace either male or female sexual organs.

(e)

Body piercing services. Any establishment that offers to put holes into the human body unless they are medically licensed by the State of Georgia.

(f)

Tattoo parlors. Any establishment that punctures the skin with a needle and inserts indelible colors so as to leave permanent marks or designs.

(Ord. No. 2004-03, § A, 11-8-2004)

2-6. - Agriculture.

The production, keeping or maintenance, for sale, lease or personal use, of plants and animals useful to man including, but not limited to, forages and sod crops, grains and seed crops; dairy animals and dairy products, poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, goats, or any mutations or hybrids thereof, including the breeding and grazing of any or all such animals; bees and apiary products, fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program.

Retail selling of products raised on the premises shall be considered a normal accessory activity provided that space adequate for the parking of customers' vehicles shall be provided off the public right-of-way.

2-7. - Boardinghouse or roominghouse.

A building dedicated to the lodging or feeding or both of five or more non-transient persons or separate families as defined herein for compensation.

2-8. - Buffer area; buffer strip.

A landscaped open area and/or screened area designed to separate incompatible uses.

2-9. - Building.

Any structure, except a manufactured home or trailer, which has a roof and which is for the shelter, support or enclosure of persons, animals, or property of any kind.

2-10. - Building height.

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.

2-11. - Church.

A building in which persons regularly assemble for religious worship intended primarily for purposes connected with such worship, or for propagating a particular form of religious belief.

2-12. - Club or lodge, private.

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.

2-13. - Care home.

An orphanage, rest home, nursing home, convalescent home, or similar use established to render domiciliary care, but not including facilities for the care of mental patients, alcoholics, drug addicts and not including nursery schools.

2-14. - Comprehensive plan.

The 2010 Greater Tift Comprehensive Plan, as duly adopted and subsequently amended by the Mayor and Council of Ty Ty. This plan includes future land use plans and short-term work programs for each local government.

2-15. - Condominium.

A building containing three or more individually owned dwelling units and related, jointly owned common areas as defined by the laws of the State of Georgia.

2-16. - Curb cut.

The providing of ingress and/or egress between property and an abutting public street.

2-17. - Density.

The overall intensity of land use for the total project. When referring to residential areas, density is defined as the number of housing units permitted per acre in the respective zoning district involved in accordance with the terms of this zoning ordinance or as authorized under the development standards of this ordinance.

2-18. - Dwelling, single family.

A detached building used and either designed or constructed for one dwelling unit.

2-19. - Dwelling, single family attached.

One of a series of two or more single family dwelling units built on separate lots attached to another dwelling unit on an adjoining lot by a common party wall.

2-20. - Dwelling, manufactured home.

Manufactured home is a detached structure transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein. For the purposes of the administration of this ordinance, the term manufactured home shall not be interpreted to include mobile homes.

2-21. - Dwelling, mobile home.

A manufactured home built before June 15, 1976. They do not meet current building codes.

2-22. - Dwelling, two family or duplex.

A building either designed, constructed, altered, or used for two adjoining dwelling units that are connected by a fire rated common wall and/or if two stories in height by a fire rated common floor.

2-23. - Dwelling, multi-family.

A building either designed, constructed, altered, or used for more than two adjoining dwelling units, with each dwelling unit having a party wall or party floor connecting it to at least one other dwelling unit in the building. This includes apartments, condominiums, or any other type of multi-family structure.

2-24. - Dwelling unit.

An enclosure of one or more rooms, including kitchen, and bathroom facilities, designed or constructed as a unit for residential occupancy by one family.

2-25. - Family.

One or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a boardinghouse, lodging house, hotel, or fraternity or sorority house.

2-26. - Farm.

A tract of land at least five acres in size devoted to agricultural purposes.

2-27. - Floor area, gross.

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, attic, porches, carports, and garages.

2-28. - Home occupation.

An occupation for gain or support customarily conducted on the premises by a person or family residing therein. Home occupations are governed by the requirements of sections 9-1 and 9-2.

2-29. - Hospital.

Any institution receiving in-patients, or a public institution receiving out-patients, and authorized under Georgia law to render medical, surgical, and/or obstetrical care. The term "hospital" shall include 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.

2-30. - Industrialized building.

Industrialized building describes certain manufactured buildings which are regulated by the Georgia Department of Community Affairs. Georgia law defines an industrialized building as any structure or component thereof which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to, or destruction hereof. Industrialized buildings are constructed and regulated in accordance with the "Industrialized Buildings Act," Georgia Law 1982 (Official Code of Georgia Annotated, Title 8, Chapter 2, Article 2, Part 1 (O.C.G.A. § 8-2-110)). An industrialized building must meet all requirements of the district in which it is located. Industrialized buildings designed for residential uses are often referred to as a "modular home." For the purpose of enforcement of this ordinance, industrialized, residential homes shall be subject to the same standards as site built homes.

2-31. - Junkyard.

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.

2-32. - Kennel.

Any location where boarding, caring for, and keeping of more than a total of three dogs or cats, or other small animals or combination thereof (except litters of animals of not more than six months of age) is carried on for compensation, and also raising, breeding, caring for, or boarding of dogs, cats, or other small animals for commercial purposes.

2-33. - Kennel, non-commercial.

Any location where the boarding, caring for and keeping of more than three but not more than ten dogs or cats or other small animals or combination thereof (except litters of animals of not more than six months of age) is carried on, not for commercial purposes, but as a hobby, such as the raising of show and hunting dogs.

2-34. - Licensed day care center.

A day care center licensed by the State of Georgia, the City of Ty Ty, and/or Tift County that provides care, training, education, custody, treatment or supervision for children under 14 years of age, where such children are not related by blood within the third degree of civil reckoning, marriage or adoption to an owner or operator of the facility.

2-35. - Lot.

A lot of record, held in a single ownership by one person, or in common ownership by more than one, which has both lot area and lot dimensions equal to or greater than the lot width and lot area requirements established by this ordinance for the zoning district in which such tract of land is located and for the use proposed for the tract of land.

2-36. - Lot, corner.

A lot having frontage on two or more public streets at their intersection.

2-37. - Lot of record.

A lot which is part of a subdivision recorded in the Office of the Clerk of the Superior Court of Tift County, or a parcel described by metes and bounds, the description of which has been so recorded prior to the adoption of this ordinance.

2-38. - Lot, through.

A lot, other than a corner lot, having frontage on more than one street; or a corner lot having frontage on three or more streets.

2-39. - Lot width.

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

2-40. - Manufactured home park.

An area, under single ownership and not subdivided into customary lots planned for individual ownership, containing three or more manufactured homes used as living facilities having a defined space, or an area containing three or more spaces designed or intended for parking of manufactured homes to be used as living facilities for rent or lease.

2-41. - Newspaper or periodical production, sales, and distribution.

The operation of newspaper or periodical business including the production, sales, and distribution thereof, including all necessary presswork. Such term includes but is broader than newspaper or periodical publishing.

2-42. - Newspaper or periodical publishing.

This term is narrower in scope than newspaper or periodical production, sales and distribution. The term does not include presswork, sales or distribution and is limited to the composition, layout and non-presswork printing of a newspaper or periodical.

2-43. - Nightclub (lounge).

A place of entertainment open at night, usually serving food and providing music and space for dancing.

2-44. - Nursery school.

An agency, organization, or individual providing daytime care of six or more children not related by blood or marriage or not the legal wards or foster children of the attendant adult.

2-45. - Open space.

That required portion of a lot at ground level, unoccupied by enclosed buildings and available to all occupants of the project. This space shall not be devoted to driveways or off-street parking but shall be usable for green space, recreational use and other leisure activities normally carried on outdoors.

2-46. - Personal care home.

A building or group of buildings, a facility or place in which is provided two or more beds and other facilities and services, including room, meals and personal care for non-family ambulatory adults for compensation.

1.

"Family personal care home" means a home for adults in a family-type residence, noninstitutional in character, which offers care to two through six persons.

2.

"Group personal care home" means a home for adult persons in a residence or other type building(s), noninstitutional in character, which offers care to seven through 15 persons.

3.

"Congregate personal care home" means a home for adults, which offers care to 16 or more persons.

2-47. - Planning commission.

As utilized in this ordinance, the planning commission shall mean the Greater Tift County Planning and Zoning Commission as duly appointed by the member governments of Tift County, Georgia.

2-48. - Principal building.

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

2-49. - Principal use.

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.

2-50. - Public street.

Right-of-way dedicated to the city, county, state or federal government or owned by the city, county, state or federal government for public street purposes.

2-51. - Residential.

Pertaining to the use of land, means premises such as homes, townhomes, patio homes, manufactured homes, duplexes, condominiums, apartment complexes, or single room rental units, which contain habitable rooms for non-transient occupancy and which are designed primarily for living, sleeping, cooking, and eating therein.

2-52. - School.

A facility where persons regularly assemble for the purpose of instruction or education including any playgrounds, stadiums, or other structures and grounds used in conjunction therewith. This shall include but not be limited to public and private schools used for primary, secondary, or post-secondary education.

2-53. - Setback.

The shortest distance between the centerline of a street and the principal building or structure on a lot.

2-54. - Shopping center.

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

2-55. - Sign.

Any surface, fabric, or device bearing lettered, pictorial, or sculptured matter designed to convey information visually and exposed to public view; or any structure (including billboard or poster panel) designed to carry the above visual information.

1.

Advertising separate use sign: A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered only elsewhere than upon the premises where the sign is displayed.

2.

Advertising incidental use sign: A sign which directs attention to a business, commodity, service or entertainment conducted, sold, or offered as a minor and incidental activity upon the premises where the sign is displayed.

3.

Bulletin board: A sign used to announce meetings or programs to be held on the premises of a church, community recreation center, school, auditorium, library, museum, or similar non-commercial places of public assembly.

4.

Identification sign: A sign used to identify only the name of the individual, family, organization, or enterprise occupying the premises.

5.

Point of business sign: A sign which directs attention to a business, profession, or industry located upon the premises where the sign is displayed, to type of products sold, manufactured, or assembled, and/or to service or entertainment offered on said premises, but not a sign pertaining to the preceding if such activity is only minor and incidental to the principal use of the premises.

6.

Portable display sign: A sign not permanently affixed to the ground or any sign which is mounted on a portable wooden or metal trailer-type frame or any other such sign intended by either the sign owner or property owner to be a temporary sign.

2-56. - Special exception.

A special exception is a use which within certain districts specified by this ordinance is not permitted as a matter of right but may be permitted within these districts by the city council after the city council has: (1) reviewed the proposed site plans for the use, its location within the city, 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) has found the proposal not to be contrary to the intent of this ordinance; and (3) has approved the use as specified.

2-57. - Structure.

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, all signs including billboards, swimming pools, and fallout shelters, but does not include walls or fences.

2-58. - Tourist home (bed and breakfast).

A dwelling in which sleeping accommodations are provided or offered to five or more transient visitors for compensation.

2-59. - Trailer, travel type.

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.

2-60. - Variance.

A variance is a relaxation of the dimensional and/or development standards of the zoning ordinance that will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the intentional actions of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.

2-61. - Yard, front.

That area of a lot lying between the abutting street right-of-way line and the principal building of the lot, and extending across the front of a lot from side lot line to side lot line. (See illustration, page 9 [following this definitions section].)

2-62. - Yard, rear.

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. (See illustration, page 9 [following this definitions section].)

2-63. - Yard, side.

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. (See illustration, page 9 [following this definitions section].)

FRONT, REAR, AND SIDE YARDS ON A LOT

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