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, co-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."

Acceleration/Deceleration Lanes. Paved exits and entrances off a major thoroughfare onto private property for the purpose of expediting the free flow of traffic. Said lanes shall be constructed in accordance with the State Department of Transportation specifications. (Adopted by Valdosta Mayor/Council 12-10-02, P.C. File # VA-2002-45.)

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, and has a separate means of egress. (Adopted by Valdosta Mayor/Council 6-5-03, P.C. File # VA-2003-33.)

Note: Accessory structures will be considered as attached to the principle structure by means of a covered breezeway and/or walkway where the roof system of the attachment is designed as like construction as the principle building and the distance of the breezeway and/or walkway does not exceed a distance of 20 feet. In no case shall there be more than one breezeway and/or walkway attached to the principle structure. (Adopted by Valdosta Mayor/Council 6-5-03, P.C. File # VA-2002-33.)

Administrator, Zoning. The person, officer, or official and his/her authorized representative, whom the City Council has designated as its agent for the administration of these regulations. (Refer to Section 10-1.)

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.

Adult Entertainment Establishment. Any commercial establishment, which has as its primary purpose or business the offer for sale of any book, publication or film which depicts nudity, or sexual conduct or engages in services such as bath houses, massage parlors, wrestling parlors or like activity including a night club, cabaret, lounge or other establishment which features adult entertainment.

Apothecary. One who prepares and sells drugs or compounds for medicinal purposes. (Adopted by Valdosta Mayor/Council on 9-11-03, P.C. File # VA-2003-58.)

Bed and Breakfast Inn. A dwelling in which sleeping accommodations are provided or offered to transient visitors for compensation.

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

Buffer Yard. An area of land which includes landscape material established for the purpose of separating, screening, or shielding a use from a dissimilar or more intense use.

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

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.

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

Care Home, Personal. 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. Personal care homes are categorized as follows:

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.

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.

Congregate Personal Care Home means a home for adults which offers care to 16 or more persons.

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.

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

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

Day Care Centers. Any place operated by a person, society, agency, corporation, institution or group wherein are received for pay for group care, for fewer than 24 hours per day without transfer of legal custody, 19 or more children under 18 years of age and which is required to be licensed or commissioned by the Georgia Department of Human Resources. (Adopted by Valdosta Mayor and Council on 9-11-03, P.C. File # VA-2003-44.)

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

Dwelling, Manufactured Home. A new or used 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 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; 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 Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401 et seq. For the purposes of the administration of this ordinance, the term manufactured home shall not be interpreted to include mobile homes. For the purposes of this definition, "singlewide" shall be construed as any manufactured or mobile home having a width of between eight and 16 feet and is transported entirely in one section. (Adopted by Valdosta Mayor/Council 12-18-03, P.C. File # VA-2003-77.)

Dwelling, Mobile Home. A new or used 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 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. These were built prior to June 15, 1976 and do not meet current Department of Housing and Urban Development manufactured home codes. (Adopted by Valdosta Mayor/Council 12-18-03, P.C. File # VA-2003-77.)

Dwelling, Modular Home. See Industrialized Building. (Adopted by Valdosta Mayor/Council 12-18-03, P.C. File # VA-2003-77.)

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 family dwelling units on separate lots attached to another dwelling unit on an adjoining lot by a common party wall.

Dwelling, Site Built. A dwelling, other than a modular home, manufactured home, or mobile home, which is constructed on site on a permanent foundation. (Adopted by Valdosta Mayor/Council 12-18-03, P.C. File # VA-2003-77.)

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 story by a fire rated common floor.

Dwelling, Multi-Family. 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. This includes apartments, condominiums, or any other type of multi-family structure.

Dwelling Unit. An enclosure of one or more rooms in addition to kitchen and bathroom facilities, but excluding closets, designed or constructed as a unit for residential occupancy by one family.

Family. Three or less persons occupying a dwelling unit unless all members are related by blood, marriage, or adoption.

Family Day Care Homes. A private residence operated by any person who receives therein for pay for supervision and care fewer than 24 hours per day, without transfer of legal custody, [at least] three but not more than six children under 18 years of age who are not related to such persons and whose parents or guardians are not residents in the same private residence. (Adopted by Valdosta Mayor and Council on 9-11-03, P.C. File # VA-2003-44.)

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, porches, carports, and garages.

Floor Area Ratio. The relationship of total gross floor area of a project and the total amount of land as described by the legal description. The ratio is the result of dividing the total gross floor area by the total amount of land.

Good Moral Character. A person is of good moral character if that person has not been convicted of a drug-related or alcohol-related felony or sex-related crime in the past five years.

Group Day Care Homes. Any place operated by any person(s), partnership, association or corporation wherein are received for pay for group care not less than seven nor more than 18 children under 18 years of age for less than 24 hours without transfer of legal custody and which is required to be licensed or commissioned by the Georgia Department of Human Resources. (Adopted by Valdosta Mayor and Council on 9-11-03, P.C. File # VA-2003-44.)

Halfway House/Transition House. A temporary residential living arrangement for persons leaving an institutional setting and in need of a supportive living arrangement in order to readjust to living outside the institution. Temporary residents receive therapy and counseling from support staff that are present whenever residents are present. Operators of such facilities shall be able to provide appropriate documentation regarding licensing and certification. Minimum square footage requirements shall meet those required for residential uses provided in the International Property Maintenance Code. (Adopted by Valdosta Mayor/Council 8-10-06, P.C. File # VA-2006-38.)

Home Business. Any business occupation or profession customarily conducted on residential property and carried on by an occupant thereof, which use is clearly incidental and secondary to the use of the property for residential purposes. This includes, but is not limited to, uses such as home beauty shops with more than one operator, pet grooming, and other similar uses, including Home Occupation uses that do not meet the Home Occupation restrictions. Such uses are operated out of the proprietor's residence. Any use that would otherwise be allowed by right under the existing zoning, shall not be deemed to be a Home Business.

Home Business Sign. A sign for a legally existing home business on residential premises, containing no commercial message except advertising for services legally offered on the premises where the sign is located. (Adopted by Mayor/Council June 10, 2004, P.C. File # VA-2004-24.)

Home Occupation. Any business occupation or profession customarily conducted entirely within a dwelling and carried on by an occupant thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes. This includes, but is not limited to, uses such as accountant, architect, art instructor, beauty shop (with no more than one operator), daycare (with no more than six children and on a lot no smaller than 6,000 square feet), drafting, dressmaking, insurance agent, manufacturing agent (provided that no items are stored or delivered from the premises), music teacher, notary public, photographer, real estate agent, or consultant. (Refer to Section 6-1.)

Home Occupation Sign. A wall sign for a legally existing home occupation on residential premises, containing no commercial message except advertising for services legally offered on the premises where the sign is located. (Adopted by Mayor/Council June 10, 2004, P.C. File # VA-2004-24.)

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.

Impervious Surface. A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water including streets, roofs, sidewalks, parking lots, and other similar structures. (Adopted by Valdosta Mayor and Council 5-6-04, P.C. File # VA-2004-20.)

Industrialized Building. 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 thereof." Industrialized buildings are constructed and regulated in accordance with the "Industrialized Buildings Act", Georgia Law 1982 (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 "modular homes". For the purposes of enforcement of this ordinance, industrialized residential homes are subject to the same standards as site built homes. (Adopted by Valdosta Mayor/Council 12-18-03, P.C. File # VA-2003-77.)

Junk Yard. 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.

Junk Yard Storage Area. Property and/or buildings used for the permanent or temporary storage or inoperable vehicles, machinery or other equipment or materials awaiting salvage, restoration or sale, but not including exterior displays or new or used merchandise in operable condition for retail or wholesale distribution.

Lot. A lot of record, or any combination of lots 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. (Refer to Section 3-22.)

Lot, Corner. A lot having frontage on two or more public streets at their intersection. (Refer to Section 3-11.)

Lot of Record. A lot which is part of a subdivision recorded in the Office of the Clerk of the Superior Court, or a parcel described by metes and bounds, the description of which has been so recorded. (Refer to Section 9-1.)

Lot, Through. A lot other than a corner lot, having frontage on more than one street.

Lot Width. The distance between the side lot lines, measured along the minimum 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.

Minor. Any person under 18 years of age.

Mobile Home. Any trailer, vehicles, or similar portable structure mounted on wheels, or designed for mounting on wheels, intended for dwelling purposes, including structural additions, except camping type trailers parked and unoccupied. Such unit shall be considered a mobile home whether or not the wheels have been removed and whether or not on a permanent foundation.

Operator. The manager or other person principally in charge of an adult entertainment establishment.

Owner(s). If a sole proprietorship, the proprietor; if a partnership, all partners (general and limited); if a corporation, all officers, directors and persons holding at least ten percent of the outstanding shares.

Planning Commission. As utilized in this ordinance, the Planning Commission shall mean the Greater Lowndes Planning Commission, or their representative. (Adopted by Valdosta Mayor and Council 5-6-04, P.C. File # VA-2004-20.)

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.

Public Space. Any parcel or area of land or water essentially unimproved and set aside, dedicated or reserved for public or private use as an amenity to the development. Public space shall not be interpreted to include public street right-of-way or individual private front, side, or rear yards. Storm water management facilities may be incorporated into the public space, but shall not consist of more than 75 percent of the required amount of public space. (Adopted by Valdosta Mayor and Council 5-6-04, P.C. File # VA-2004-20.)

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

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

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.

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

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.

Sign. (See Section 8 - Sign Regulations.)

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. (See Section 5-1.2) (Amendment adopted by Valdosta Mayor/Council on 2-6-03, P.C. File # VA-2003-05. Administratively changed the item number from 2-50 to 2-51.)

Specified Anatomical Areas. Shall include any of the following:

(a)

Less than completely and opaquely covered human genitals or pubic region; buttock; or female breast below a point immediately above the top of the areola.

(b)

Human male genitalia in a discernibly turgid state, even if completely and opaquely covered.

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 does not include walls or fences.

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

Townhouse. One of a group of three or more attached dwelling units under fee simple or condominium or cooperative ownership, as defined by the laws of the State of Georgia.

Travel Trailer. A vehicular portable structure not exceeding 32 feet in length or eight feet in width designed for travel, recreational and vacation uses.

Variance. A variance is 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. (Refer to Section 11-6.2.)

Yard, Front. 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. 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. That area of a lot between the side lot lines and the principal building on the lot extending from the front yard to the rear yard.

Zoning Map, Official. The zoning and other related data coverages of the computerized VALOR GIS database. Printed maps of this database are maintained and kept on file in the offices of the Zoning Administrator and the Planning Commission. (Adopted by Valdosta Mayor/Council on 11-6-03, P.C. File # VA-2003-71.)