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 "erected" shall be deemed also to include "constructed," reconstructed," "altered," "placed," and "moved."

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."

The definitions listed in this section are either referred to in this ordinance or reserved for future reference.

Accessory structure or use: 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.

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 customer's vehicles shall be provided off the public right-of-way.

Apartment building: A multifamily dwelling located on a parcel of land under a single ownership containing four or more independent housekeeping units having cooking facilities.

Area of special flood hazard: The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.

Automobile sales lot: An open premises arranged, designed, or used for storage and display for sale of any motor vehicle or any type of trailer.

Base flood: That flood having a one percent chance of being equaled or exceeded in any given year.

Boarding or rooming house: A building dedicated to the lodging or feeding or both of five or more nontransient persons or separate families as defined herein for compensation.

Buffer area; buffer strip: A landscaped open area and/or screened area designed to separate incompatible uses.

Building: Any structure, either temporary or permanent, above or below ground, having a roof or other covering and designed, built, or used as a shelter or enclosure for persons, animals, or property of any kind including tents or awnings used for purposes of a building.

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.

Building line: A line beyond which the foundation wall and any roofed porch, vestibule, or other such portion of a building shall not project.

Building principal: A building in which is conducted the principal use of the lot on which the structure is situated.

Care home: A rest home, nursing home, convalescent home, home for the aged or similar use established and operated on a profit or nonprofit basis to provide lodging and or meals and domiciliary care for the aged, infirm, chronically ill or convalescent persons, the term "care home" shall include the term "extended care facility" as defined by Georgia Law. Such facility shall be licensed pursuant to O.C.G.A. § 31-7-12 where appropriate.

Caretaker or employee residence: An accessory residence (including mobile and manufactured homes) placed on an occupied tract for use by a bona fide caretaker, employee, or the owner himself.

Church, club, or lodge: Building in which organized religious, fraternal, recreational, social, or educational meetings are conducted on a regular nonprofit basis. Fraternal organizations must show that they have received recognition and sanction from a parent group or organization. A private club must show that its membership is limited by either: (a) the use and operation of an amateur athletic facility including, but not limited to, golf courses, tennis courts, shooting ranges, or swimming pools; or (b) residency in a particular subdivision, condominium, apartment project, or other residential development.

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.

Condominium: A building or complex of multiple-unit dwellings in which a tenant holds full title to his unit and joint ownership in the common grounds.

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

Day care center: An establishment which provides care and education for six or more children opened for the major portion of the day or night and in which meals are served.

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.

Drive-in: A retail or service enterprise wherein service is provided to the consumer on the inside of the principal building and to the consumer while in his motor vehicle through an exterior wall of the principle building. The term "drive-in" includes drive-in restaurants and dairy bars, theaters, banks, laundries, food stores and/or car washes.

Dwelling, single-family: A detached building used and either designed or constructed for one dwelling unit.

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.

Dwelling, manufactured home: A structure, transportable in one or more sections, which is built on a permanent chassis, and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes plumbing, heating, air conditioning, and electrical systems contained therein. Manufactured Homes shall be constructed in accordance with Federal Manufactured Home Construction Housing Construction and Safety Standards Act of 1974, as amended, 42 USC 5401 et seq.

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.

Dwelling, multifamily: 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 multifamily structure.

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.

Easement: A grant to a person or to the public by a property owner of a strip of his land for road right-of-way or other specified purposes.

Family: One or more persons permanently occupying a single dwelling unit provided that unless all members are related by blood, marriage, or adoption, and including foster children, (as that term is defined under Georgia Law) no single dwelling unit shall contain over five persons.

Farm: A parcel of land five acres or more on which bona fide agricultural and related uses are conducted as specified in "agriculture."

Flood hazard boundary map (FHBM): The official map issued by the Federal Emergency Management Agency where the areas of special flood hazard have been designated as Zone A.

Flood insurance rate map (FIRM): The official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Frontage: That dimension of a lot measured along the front right-of-way line thereof or, if said front right-of-way line is curved, along the chord of the arc.

Garage, repair: Building and premises designed or used for the purpose of service or commercial repair of motor vehicles, provided that all the body work and painting shall be conducted within fully enclosed buildings and provided further that the storage of junk, wrecked vehicles, dismantled parts or supplies, shall be solely for the purpose of repairing motor vehicles and not as a salvage or junkyard business, and provided that the storage of junk, wrecked vehicles, dismantled parts, or supplies not be visible beyond the premises.

Group home: A residence under the ownership and supervision of a public educational or governmental institution 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.

Home occupation: An occupation or profession conducted entirely within a dwelling and which is carried on by an occupant thereof and no more than one nonresident and which is clearly incidental and secondary to the use of the dwelling for residential dwelling purposes. A home occupation does not allow access by the public. A home occupation is designed to be less restrictive than a home office but more restrictive than a residential business in regard to access by the public, size, visibility, number of employees, and types of businesses.

Home office: An office use conducted entirely within a dwelling which is carried on by the occupant thereof and no other individual and which is clearly incidental and secondary to the use of the dwelling for residential dwelling purposes. The office may be for the purpose of service or trade workers who customarily work at various locations, such as electricians, plumbers, appraisers, real estate salespersons, or individuals who work at home, such as writers or computer programmers. There will be no changes which would alter the character of the dwelling or reveal from the exterior that the dwelling is being used in part for other than residential purposes. The office shall be limited to one room of the dwelling and not exceed more than 300 square feet in area. Home office shall not include any business which involves the sale, manufacture, or repair of merchandise on the premises. Home offices shall also not include any business requiring access by the public, including, but not limited to, customers, clients, or vendors. No outside storage or display, including signs, is permitted, and no one other than family members who reside on the premises may be employed in the office.

Hospital: Any institution receiving inpatients and rendering medical care including those wherein mentally retarded, mentally disturbed, epileptic, alcoholic, drug addicted, chronically ill, and physically disabled patients are treated or cared for, such facility shall be legally and properly certified, licensed, approved, and otherwise sanctioned by the appropriate state or federal agency.

Industrial park: A tract of land subdivided and developed according to a comprehensive development plan in a manner which provides a park setting for industrial establishments.

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.

Kennel, commercial: Any place in or at which more than four adult dogs, cats, rabbits, or other domesticated animals are kept for the purpose of sale, boarding, care, breeding, or training and for which any fee is charged. This term does not include agrarian or agricultural uses.

Laboratory: An establishment or premises where scientific services are provided including testing or analysis of medical, chemical, physical, mechanical, electric, or electronic nature or the calibration of instruments.

Lodging home: See "Boarding Home."

Lot: A parcel of land which satisfies the area requirements for the district within which it is located, or on which exists a legal nonconforming use, and has frontage along or legal access to a public right-of-way, and is intended as a unit for transfer of ownership or for building development. A lot shall have a separate tax parcel reference number designated in the office of the county tax commissioner and/or the county tax appraiser.

Lot line, front: The front property line coincident with the street right-of-way line. The front lot line of a corner lot shall be the lot line facing the principal building entrance.

Lot, interior: A lot other than a corner lot.

Lot line, rear: The real lot line is generally opposite the front lot line. If the rear lot line is less than ten feet in length or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front lot line, not less than ten feet long, and lying wholly within the lot and farthest from the front lot line.

Lot, corner: A lot having frontage on two or more public streets at their intersection.

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

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.

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.

Manufactured home: A structure, transportable in one or more sections, which is built on a permanent chassis, and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes plumbing, heating, air conditioning, and electrical systems contained therein. Manufactured homes shall be constructed in accordance with Federal Manufactured Home Construction Housing Construction and Safety Standards Act of 1974, as amended, 42 USC 5401 et seq.

Manufactured home park: An area, under single ownership and not subdivided into customary lots, containing two or more mobile homes used as living facilities, or an area containing two or more spaces designed or intended for parking of mobile homes to be used as living facilities.

Materials recovery facility: A solid waste handling facility that provides for the extraction from solid waste of recoverable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials, and as that term is defined in O.C.G.A. § 12-8-22, as amended.

Mobile home: A structure transportable in one or more sections, which, in traveling mode, is eight feet or more in width or 40 feet or more in length or, when erected on site, is 320 or more square feet and which is 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.

Modular home: A factory fabricated transportable building consisting of units designed to be incorporated at a building site on a permanent foundation into a permanent structure to be used for residential purposes and bears a seal of compliance with regulations of the Southern Building Code Congress International, the Georgia Industrialized Building Act, or the National Manufactured Housing Construction and Safety Standards Act, as amended.

Motel: A building or group of buildings containing guest rooms and having separate outside entrances for each guest room and to be used primarily for automobile transients and including such terms as "auto court" and "motor lodge" but not "boardinghouse" as defined in this section.

Nonconforming use: Any building or use which lawfully exists at the time of adoption of this resolution and which does not conform with the regulations of the district in which it is located.

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.

Occupy: To use land or buildings for any length of time for a purpose for which the land or a building or part thereof is used or is intended to be used. Any variation of the term "occupy" shall be encompassed by this definition.

Park, community: A parcel of land owned by a unit of government or a private organization used or intended to be used for recreational or leisure time activities and which is open to the public at no charge. Such parks may include food or recreational sales as accessory uses.

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 nonfamily, ambulatory adults for compensation. The following are three specific types of personal care homes:

a.

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

b.

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

c.

Congregate personal care home: A home for adults which offers care to 16 or more persons.

Plat: A sketch, map, or survey of a lot, tract, or parcel of land including lot lines, street rights-of-way, and easements with the dimensions of these features inscribed thereon.

Plat, development: A preliminary design which shows the proposed layout of a subdivision in sufficient detail to indicate its workability and conformation to the design requirements of the subdivision regulations in all aspects but is not in final form for recording, and the details are not completely computed. The development plat shall be approved by the planning board prior to any development.

Plat, final: A finished drawing of a subdivision showing completely and accurately all legal and engineering information and certification necessary for commission, and the streets shown on the plat shall be approved by the board of commissioners prior to recording.

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

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.

Private way: A private street, drive, or road which is used solely for those property owners which are contiguous to and have a legal right to use.

Public right-of-way: A street or road which has been dedicated for public use by deed, plat, and/or prescription.

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.

Recreational use of a commercial nature: A building or use which provides entertainment, education, recreation, or amusement for profit, such as, but not limited to, a health spa, dancehall, bowling alley, skating rink, shooting range, fortunetelling, amusement park, private zoo, sports stadium or arena, art gallery, concert hall, swimming pool, or drive-in theater.

Residence: A building containing only dwelling units and which meets all the applicable requirements of the Standard Building Code for conventional construction. The term "residence" or any combination thereof shall not be deemed to include hotel, boardinghouse, roominghouse, motel, or other accommodations used for transient occupancy and shall not, for the purpose of this regulation include travel trailers, mobile homes, or manufactured homes.

Residence, single-family: A building other than a mobile home, manufactured home, or travel trailer designed for occupancy by one family.

Residence, multifamily: A building for three or more dwelling units.

Residence, two-family (duplex): A building designed for two dwelling units.

Restaurant: An establishment, however designated, at which food is sold for consumption on the premises. However, a snack bar or refreshment stand at a public or nonprofit community swimming pool, playground, park, or marina operated solely for the convenience of patrons of the facility shall not be deemed a restaurant.

Residential business: An occupation or profession conducted within a dwelling, and which is carried on by an occupant thereof and no more than two nonresidents, and which is clearly incidental and secondary to the use of the dwelling for residential dwelling purposes. The business may allow access by the public. The residential business is designed to be less restrictive than a home office or home occupation but more restrictive than a rural business in regard to access by the public, size, visibility, number of employees, and types of business.

Setback: The minimum horizontal distance between the right-of-way line, or the lot line of an adjacent lot, and the front, rear, or side lines of a building on the lot with setback restrictions. The term "required setback" means a line beyond which a building is not permitted to extend under the provisions of this zoning ordinance establishing minimum depth and widths of yards.

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.

a.

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.

b.

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

c.

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 noncommercial places of public assembly.

d.

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

e.

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.

Street: A dedicated and accepted public right-of-way which affords the principal means of access to abutting properties.

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, mobile homes, billboards, swimming pools, and fall-out shelters but do not include walls or fences.

Tourist home: A dwelling in which sleeping accommodations are provided or offered to four or less transient visitors for compensation.

Townhouse: A residential structure containing three or more attached single-family units designed as a single structure having common or party walls. Each unit shall have its own front door which opens to the outdoors, and the units shall have two floors, but without access between adjoining units.

Travel trailer: A vehicular portable structure not over eight feet by 35 feet and designed as a temporary dwelling for travel, recreational, and vacation uses which may or may not have kitchen equipment, toilet, lavatory, and bathing facilities, but if such facilities are included, a sewage holding tank for sanitary waste is required. Any vehicle designed or converted to a design with plumbing connections for attachment to outside sewage systems shall not be included in this definition.

Travel trailer park: A parcel of land which has been planned and developed to accommodate two or more travel trailers, tents, or other camping units for temporary occupancy of not over 60 days' duration.

Use, permitted: Those uses specifically listed in this resolution [ordinance] as "permitted uses" and uses subject to approval by the planning commission.

Use, principal: The principal purpose for which a lot or building is designed, arranged, intended, occupied, or maintained.

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.

Water system, community: A potable water supply and treatment system other than an individual or public water system serving more than one building, residence, manufactured, or mobile home or other facility designed or used for human occupancy or congregation. The system is one which is owned by a person or legal entity other than a unit of government.

Water system, individual: A potable water system other than a community or public water system serving a single building, residence, manufactured, or mobile home, or other facility designed or used for human occupancy or congregation.

Water system, public: A potable water supply and treatment system, other than an individual or community water system, owned by a unit of government.

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 Setback illustration.)

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 Setback illustration.)

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 Setback illustration.)

Editor's note—

The setback illustrations for accompanying the definitions for front yard, rear yard, and side yard have been omitted from this codification. Official copies of such illustrations are on file in the office if the city clerk.