Except as specifically defined herein, all words used in this ordinance have their customary dictionary definitions. Unless otherwise expressly stated, the following words shall have the meaning herein indicated:

(1)

Words used in the present tense include the future tense.

(2)

Words used in the singular number include the plural and words used in the plural number include the singular.

(3)

The word "person" includes a firm, association, organization, partnership, corporation, political governing body, trust and company as well as an individual.

(4)

The word "lot" includes the words "plot" and "parcel."

(5)

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

(6)

The word "shall" is mandatory, not directory.

(7)

The words "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."

(8)

The words "planning commission" shall refer to the planning commission of the City of Vidalia, Georgia.

(9)

The words "city council" or "council" shall refer to the city council of the City of Vidalia, Georgia.

(10)

The words "map," "zoning map" or "Vidalia Zoning Map" shall mean the official zoning map of the City of Vidalia, Georgia.

(11)

The word "constructed" shall mean to form by putting together parts.

Accessory use or building: A use or building, located on the same lot as the principal building, which is clearly incidental and secondary to permitted use or building and which does not change the character of such use or building, including, but not limited to, private garages, living quarters for servants, bath-houses, greenhouses, tool sheds, storage buildings, animal shelters.

Aggregate sign area: The combined sign area of all signs or all signs of a particular category on a single parcel. For example, the aggregate sign area of all freestanding signs on a parcel is the sum total of the sign areas of all freestanding signs on such parcel.

Alley: A public thoroughfare which affords only a secondary means of access to abutting property, and not intended for general traffic circulations.

Alterations: The term "alterations" shall mean any change, addition or modification in construction or type of occupancy, any change in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as "altered" or "reconstructed."

Animated sign: A sign that has moving parts or includes action, motion, or color changes, or the optical illusion of action, motion, or color changes, including signs using electronic ink, signs set in motion by movement of the atmosphere, or made up of a series of sections that turn, including any type of screen using animated or scrolling displays such as an LED (light emitting diode) screen or any other type of video display, even if the message is stationary.

Awning sign: See canopy sign.

Banner: Any sign of fabric, thin plastic or similar lightweight material that is mounted to a pole or a building at one (1) or more edges. Flags shall not be considered banners.

Beacon: A stationary or evolving light which flashes or projects illumination, single color or multicolored, in any manner which is intended to attract or divert attention; except, however, this term is not intended to include any kind of lighting device which is required or necessary under the safety regulations described by the Federal Aviation Administration or similar agencies.

Billboard: A freestanding sign with a sign area of more than one hundred fifty (150) square feet.

Board: The Zoning Board of Appeals.

Boarding house: A building where for compensation lodging and/or meals are provided for not more than ten (10) persons.

Buffer strip: A piece of land, varying in length and width, lying between two (2) incompatible uses of land and containing open space, plantings, trees, a wall, fence, or other suitable enclosures which provide proper screening.

Building:

(1)

For residential, commercial or industrial use: A structure constructed in accordance with the Standard Building Codes and local codes; situated on a permanent foundation and having electrical and plumbing services.

(2)

Temporary and commercial use building: A structure used or built for seasonal commercial use which shall be removed within one hundred twenty (120) days. Such a temporary building cannot be used or occupied without first obtaining a building permit from the city building inspector certifying what temporary seasonal use will be conducted and to what specific location. Only one (1) permit per individual, business and/or location per year.

Example: To sell Vidalia Onions, vegetables, produce and/or Christmas trees.

Building, main or principal: A building in which is conducted the principal use of the lot on which it is situated.

Building height: The term "building height" shall mean the vertical distance measured from the established grade to the highest point of the roof surface for flat roofs, to the deck line of mansard roofs and to the average height between eaves and ridge for gable, hip and gambrel roofs. Where a building is located on sloping terrain, the height may be measured from the average ground level of the grade at the building wall.

Building inspector: The building inspector of the City of Vidalia, Georgia, as designated by the Vidalia City Council.

Building line: A line formed by the face of the building, and for the purposes of this ordinance, a minimum building line is the same as a front setback line.

Building marker: Any sign made of bronze, stone or other permanent material and permanently installed as a portion of the exterior wall of the building in such manner it cannot be removed or replaced without substantial damage to the building surface.

Building inspector: An agent of the city authorized to permit, inspect, approve or deny construction within the city and designated as the enforcement authority for this article.

Building setback lines: A line establishing the minimum allowable distance between the main or front wall of the building and the street right-of-way line when measured perpendicularly thereto. Covered porches, whether enclosed or not, shall be considered as a part of the building and shall not project into the required yard.

Building sign: Any sign attached to any part of a building, as contrasted to a freestanding sign. For the purpose of this article, any sign face that is affixed flat against the sloping surface of a mansard roof shall be considered a wall sign. Any sign that is affixed to the building marquee, building awning, a building canopy or a fence shall be considered a wall sign.

Canopy sign: Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy. Canopy signs are considered building signs.

Center line: A line of a street is surveyed and monumented by the city council or a line midway between the outside curbs or ditches of the street.

Changeable copy sign: A sign that is capable of changing the position or format of word messages or other displays on the sign face or change the visible display of words, numbers, symbols and graphics by the use of a matrix of electric lamps, movable discs, movable panels, light apertures or other methods, provided these changes are actuated by either a control mechanism or manually on the face of the sign. Tri-vision signs and LED signs are specifically excluded from the definition of changeable copy sign.

Church: For the purpose of this ordinance a church shall include but not be limited to at least the following requirements: A voluntary association of Christians (Roman Catholic, Protestant, or Eastern Orthodox) united for discipline and regular worship services, connected with, and forming a part of, some religious society, having a legal existence. Any other non-Christian religious organization must provide equal documentation under the law for their respective synagogue, temple or mosque.

City council: The City Council of the City of Vidalia, Georgia.

Club: Building or facility owned or operated by a nonprofit corporation, association or persons.

Common entrance sign: A sign located at the entrance or entrances to a group of structures or a single structure that is situated on a minimum site of five (5) acres, such as a residential subdivision, apartment complex, industrial park, or shopping center.

Convalescent home: A place to recover health and strength gradually after sickness or weakness.

Day care:

(1)

Family day care homes: A private residence operated by any person who receives therein pay for supervision and care for fewer than twenty-four (24) hours per day, without transfer of legal custody, three (3), but not more than six (6), children under the age of eighteen (18) and who are not related to such persons and whose parents are not residents of the private residence.

(2)

Group day care homes: Any place operated by any person or group wherein are received for pay not less than seven (7), nor more than eighteen (18), children under eighteen (18) years of age for care and supervision for less than twenty-four (24) hours per day.

(3)

Day care centers: Any place operated by a person, society, agency, corporation, institution or [for] group care, for fewer than twenty-four (24) hours per day, without transfer of legal custody, nineteen (19) or more children under the age of eighteen (18).

Display surface area: See sign face.

Disposable sign: Any sign designed for one time use to be placed on wire or similar structure and intended to be removed after use (example-laminated political signs, cardboard signs, plastic covered signs). These signs will be utilized to advertise one time events/activities and will be allowed for no more than thirty (30) days per year. They are subject to permit procedures. They are allowed on the public right-of-way.

District or zoning district: A section or sections of the incorporated area of the city for which the then-effective zoning ordinance governing the use of buildings and land is uniform for each class of use permitted therein.

Dwelling, one-family: A building designed exclusively for occupancy by one (1) family.

Dwelling, two-family: A building designed exclusively for occupancy by two (2) families independent of each other, such as a duplex dwelling unit.

Dwelling, multiple family: A building or portion thereof, designed for occupancy by three (3) or more families living independently of each other.

Dwelling unit: A building, or a portion thereof, designed for occupancy by one (1) family for residential purposes and having cooking facilities.

Erect: To build, construct, attach, hang, place, suspend, or affix, and shall also include the painting of wall and window signs.

Family: One (1) or two (2) persons or parents, with their direct lineal descendants and adopted children (and including the domestic employees thereof) together with not more than two (2) persons not so related, living together in the whole or part of a dwelling comprising a single housekeeping unit. Every additional group of two (2) or less persons living in such housekeeping unit shall be considered a separate family for the purpose of this ordinance.

Flag: A sign consisting of any fabric containing distinctive colors, patterns, logos or symbols, used as a symbol of a government or any other entity or organization.

Flashing sign: An illuminated sign on which artificial or reflected light is not maintained stationary and constant in intensity and color at all times when lighting is in use.

Floor area: Total gross area on all floors as measured to the outside surfaces of exterior walls, excluding crawl spaces, garages, carports, breezeways, attics without floors and opened porches, balconies and terraces.

Floor space: Floor area of all floors, as measured from the inside surfaces of the walls enclosing the part of a building occupied by a single occupant or shared by a distinct group of occupants, excluding therefrom common halls, stairwells, sanitary facilities and storage and other areas to which patrons do not have regular access.

Freestanding sign: A sign which is attached to or part of a completely self-supporting structure. The supporting structure shall be set firmly in or below the ground surface and shall not be attached to any building or any other structure, whether portable or stationary. Freestanding signs must meet the standards of either stanchion signs or monument signs.

Front lot line: A line dividing a lot from any public highway, except a limited or controlled access highway to which the lot has no access.

Garage: A fully enclosed building for the storage of motor vehicles, not including buildings in which fuel is sold or repair or other services performed.

Gas station: A place where motor vehicle fuels are sold at retail.

Height: The vertical distance from the highest point on a structure, excepting any chimney or antenna on a building, to the average ground level of the grade where the walls or other structural elements intersect the ground.

Home occupation: A use conducted entirely within an enclosed dwelling, employing only the inhabitants thereof, which is clearly incidental and secondary to residential occupancy and does not change the character thereof. Specifically excluded is the storage and display of merchandise not produced by such home occupations, any activity involving any building alterations, window display, construction features, equipment, machinery or outdoor storage, any of which is visible from off the lot on which located.

Hotel: A structure designed, used or offered for residential occupancy for any period less than one (1) month, including tourist homes and motels, but not including hospitals or nursing homes.

Illuminated sign: Any sign or portion thereof which is illuminated by artificial light, either from an interior or exterior source, including outline, reflective or phosphorescent light, whether or not the source of light is directly affixed as part of the sign, and shall also include signs with reflectors that depend upon sunlight or automobile headlights for an image.

Illuminated, external: Illumination so arranged that the light source is external to the sign and directed toward the sign.

Illuminated, internal: Illumination so arranged that the light is contained behind the face of the sign and no lighting source is directly visible exterior to the sign.

Incidental sign: A sign of no more than two (2) square feet that serves the purpose of guiding safe traffic movements onto, from or on property, and without which there is an increased risk of incompatible traffic movements or obstructions. Examples of incidental signs include but are not limited to "stop," "no parking," "entrance," "loading zone" and other similar traffic-related directives.

Industrialized building:

(1)

Any structure or component thereof which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation on assembly and installation 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.

(2)

No industrialized building shall be sold, offered for sale or installed in the State of Georgia unless it bears an insignia of approval issued by the commissioner or it has been inspected by the local jurisdiction in accordance with chapter 110-2-17, Georgia Law 1982, pp. 1637—1643 [O.C.G.A. § 8-2-110 et seq.].

Joint sign: A sign which serves as a common or collective sign for a group of persons or businesses operating on the same parcel (e.g., shopping center, office complex, etc.).

Laundromat: A place where patrons wash, dry or dry-clean clothing and other fabrics in machines operated by the patron.

Lease: An agreement by which a property owner conveys, usually for a specified rent, to other persons, permission to erect and maintain a sign upon his property.

LED sign: Any sign or portion thereof that uses light emitting diode technology or other similar semiconductor technology to produce an illuminated image, picture, or message of any kind whether the image, picture, or message is moving or stationary. This type of sign includes any sign that uses LED technology of any kind, whether conventional (using discrete LEDs), surface-mounted (otherwise known as individually mounted LEDs), transmissive, organic light emitting diodes (OLED), light emitting polymer (LEP), organic electro polymer (OEL), or any other similar technology. For purposes of this article, a LED sign is not considered a form of changeable copy sign.

Loading space: An off-street space on the same lot with a building or group of buildings, for temporary parking of a commercial vehicle while loading and unloading merchandise or materials.

Lot: See parcel.

Lot area: The area of land within the boundary of a lot, excluding any part under water, and, in addition, excluding the area of land bounded by any front lot line, the center line of the highway on which it fronts and the side lot lines from their intersection with the front lot line at their ends extended to the center line of the highway.

Lot depth: The mean horizontal distance between front and rear lot line.

Lot lines: The lines bounding a lot as defined herein:

(1)

Front lot line: In the case of an interior lot, that line separating said lot from the street. In the case of a corner lot, or double frontage lot, "front lot line" shall mean that line separating said lot from either street.

(2)

Rear lot line: That lot line opposite the front lot line. In case of a lot pointed at the rear, the rear lot line shall be an imaginary line not less than ten (10) feet in length and parallel to the front lot line, that when measured from a point farthest from the front lot line shall lie wholly within the lot.

(3)

Side lot line: Any lot line other than the front lot line or rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.

Lot of record: A lot which is part of a subdivision, a plat of which has been recorded in the recorder's office at the Toombs or Montgomery county courthouse.

Lot width: The distance between side lot lines measured at the building line.

Major street: A street designed as a major thoroughfare on the major thoroughfare plan of the City of Vidalia, Georgia.

Mall: Any concentration of retail stores and/or service establishments which share customer parking areas and are located within an enclosure having public walkways whereby a customer in one (1) store or establishment may walk to another store or establishment without leaving the enclosure.

Mansard roof: Any roof that has an angle greater than forty-five (45) degrees and which derives part of its support from the building wall and is attached to (but not necessarily a part of) a low slope roof and which extends along the full length of the front building wall or three-quarters (¾) of the length of a side building wall. For purposes of this article, a low slope roof shall mean any roof with a pitch less than three (3) inches rise per twelve (12) inches horizontal.

Marquee: Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.

Marquee sign: Any sign attached in any manner to or made a part of a marquee. Marquee signs are considered building signs.

Mobile home: Any structure designed or used for residential occupancy built upon or having a frame or chassis to which wheels may be attached by which it may move or be moved upon a highway, whether or not such structure actually has, at any given time, such wheels attached, including any such vehicle which has been placed on a masonry or other stationary foundation. This definition shall not include travel trailers or recreational vehicles when such vehicles are not used for permanent or semi-permanent living or sleeping quarters.

Mobile home or trailer park: Any lot, tract or parcel of land used, maintained or intended to be used, leased or rented for occupancy by one (1) or more trailers together with accessory structures provided in connection therewith. This definition shall not include trailer sales lots on which unoccupied trailers are parked for the purpose of inspection and sale.

Monument sign: A freestanding sign which forms a solid structure from the ground to the top of the sign.

Nonconforming building: A building or portion thereof, existing at the effective date of this ordinance, or amendments hereto, and that does not conform to the height, area or yard regulations for the district in which it is located.

Nonconforming use: A use which lawfully occupied a building or land at the effective date of this ordinance, or amendments thereto, and that does not conform to the use regulations of the district in which it is located.

Nonconforming sign: A sign legally existing at the time of erection that could not be built under the terms of this article.

Nursing home: A structure designed or used for residential occupancy and providing limited medical or nursing care on the premises for occupants, but not including a hospital or mental health center.

Off-street parking lot: A facility other than for single-family dwellings providing vehicular parking spaces along with adequate drives and aisles, for maneuvering, so as to provide access for entrance and exit for the parking of more than three (3) vehicles.

Parcel: Any piece or parcel of land, the boundaries of which have been established by some legal instrument of record, which is recognized and intended as a unit for the purpose of transfer of ownership, is separately taxable and of sufficient size to meet minimum zoning requirements for area, coverage, and use, and that can provide such yards and other space as required by the zoning regulations.

Parking space: An area of definite length and width; said area shall be exclusive of drives, aisles or entrances giving access thereto, and shall be fully accessible for the storage or parking of permitted vehicles.

Person: "Person" means and includes any person, firm, partnership, association, corporation, company or organization, singular or plural, of any kind.

Personal care home: "Personal care home" or "home" means a building or group of buildings, a facility or place in which is provided two (2) or more beds and other facilities and services, including room, meals and personal care, for nonfamily ambulatory adults. For the purpose of these rules, personal care homes shall be classified as: family personal care home, group personal care home, or congregate personal care home. This term does not include buildings which are devoted to independent living units which include kitchen facilities in which residents have the option of preparing and serving some or all of their own meals or boarding facilities which do not provide personal care.

Planning commission: The planning commission of the City of Vidalia, Georgia.

Pole sign: See stanchion sign.

Portable sign: Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels, signs posted on the roofs or trucks beds of vehicles, signs converted to A-frames or T-frames; balloons used as signs, umbrellas used for advertising, and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operation of the business for purposes other than signage.

Principal building: The building in which is conducted the principal use of the parcel on which it is located. Parcels with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other clearly accessory uses shall not be considered principal buildings.

Projecting sign: Any sign that is affixed at an angle or perpendicularly to the wall of any building in such a manner to read perpendicularly or at an angle to the wall on which it is mounted.

Public utility: Any person, firm or corporation, municipal department, board or commission duly authorized to furnish and furnishing under federal, state or municipal regulations to the public: gas, steam, electricity, sewage disposal, communication, telegraph, transportation of water.

Restaurant: A lot on which food or beverages are cooked or prepared and offered for sale and where consumption is permitted on the premises whether or not entertainment is offered, and includes establishments commonly known as bars, grills, cafes, taverns, nightclubs, drive-ins and any fast food establishment permitting consumption on the premises.

Roof sign: A sign erected and constructed wholly on or over the roof of a building, supported by the roof structure, or extending vertically above the highest portion of the roof.

Sanatorium: An institution for rest and recuperation (as of convalescents); an establishment for the treatment of the chronically ill.

Setback: The distance from the property line to the nearest plane of the applicable building, structure, or sign, measured perpendicularly to the property line.

Shopping center: In areas of the city outside the C-1 Central Business District, two (2) or more retail stores and/or service establishments, or one (1) retail store combined with one (1) or more service establishments, sharing customer parking areas, regardless of whether said stores and/or service establishments occupy separate structures or are under separate ownership.

Sign: The term "sign" means and includes every device, frame, letter, figure, character, mark, plane, point, design, picture, logo, stroke, stripe, trademark or reading matter, which is used or intended to be used to attract attention or convey information when the same is placed out of doors in view of the general public. Also, the above, when near the inside surface of a window in such a way as to be in the view of the general public and used or intended to be used to attract attention or convey information to the public.

Sign face: That portion of the surface of a sign structure where words, letters, figures, symbols, logos, fixtures, colors, or other design elements are or may be located in order to convey the message, idea, or intent for which the sign has been erected or placed. The sign face may be composed of two (2) or more modules on the same surface that are separated or surrounded by portions of a sign structure not intended to contain any advertising message or idea and are purely structural or decorative in nature, including, but not limited to, channel letters.

Sign height: The vertical distance to the highest point of a sign structure. The height is measured from the center line of the nearest adjacent street.

Single-family dwelling: A structure, except a mobile home, designed or used for residential occupancy by one (1) family.

Special event sign: See standard informational sign.

Special promotion sign: See standard informational sign.

Spot light illumination: Illumination which comes from lamps, lenses or devices designed to focus or concentrate the light rays of the source.

Stanchion sign: A freestanding sign that is mounted on a pole or other vertical support such that the bottom of the sign face is more than six (6) feet above the ground and there is no visual obstruction other than the vertical support between the ground and the bottom of the sign face.

Standard informational sign: A sign with an area not greater than four (4) square feet, with a sign face for short-term use, containing no reflective elements, flags, or projections, and which, when erected, stands at a height not greater than two and one-half (2½) feet, and is mounted on a wooden stake or metal frame with a thickness or diameter not greater than one and one-half (1½) inches.

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

Street frontage: The distance for which a lot line of a parcel adjoins a public or private street, from one (1) lot line intersecting said street to the furthest distance lot line intersecting the same street.

Streets and sidewalks: A strip of land or accessway subject to vehicular traffic and/or pedestrian traffic that provides direct or indirect access to property including, but not limited to, alleys, avenues, boulevards, courts, drives, highways, lanes, places, roads, sidewalks, terraces, trails or other thoroughfares.

Story: That portion of a building comprised between a floor and the floor or roof next above. The first floor or a two- or multi-story building shall be deemed the story that has no floor immediately below it that is designed for living quarters or for human occupancy. Those stories above the first floor shall be numbered consecutively.

Structure: Anything constructed or erected, the use of which requires more or less permanent location on the ground or which is attached to something having more or less permanent location on the ground.

Suspended sign: A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.

Temporary sign: See standard information sign.

Temporary/portable sign: Any sign which is not permanently erected, affixed and maintained on a premises and in compliance with the existing permanent sign ordinance or a sign designed to be transported by wheels or trailer. These signs will be utilized to advertise one time events/activities and will be allowed for no more than thirty (30) days per year. They are subject to the permit procedures. They may not be located on public right-of-way.

Townhouse: A single family dwelling constructed adjacent and connected to other single-family dwellings separated by a common firewall.

Tri-vision sign: A sign designed with a series of triangular slats that mechanically rotate in sequence with one another to show three (3) different sign messages in rotation. For purposes of this chapter, a tri-vision sign is not a changeable copy sign.

Use: The purpose for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied.

Variance: The term "variance" shall men a modification of the literal provisions of the zoning ordinance granted when strict enforcement of the zoning ordinance would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted. A departure from the provisions of a zoning ordinance relating to setbacks, side yards, frontage requirements, and lot size, but not involving the actual use or structures. Comment: The hardship variance is granted because strict enforcement of the zoning ordinance as it applies to a specific lot would work an undue hardship and present practical difficulties. It is usually granted to decrease the dimension requirements, and the applicant generally must demonstrate the hardship is peculiar to his property and not to other properties in the zone. The city council must find that the variance can be granted without any adverse impact on the public good (the negative criteria).

Wall sign: Any sign that shall be affixed parallel to the wall or printed on the wall of any building in such a manner as to read parallel to the wall on which it is mounted; provided, however, said wall sign shall not project above the top of the wall or beyond the end of the building.

Window sign: Any sign placed inside or upon a window.

Yard: The open spaces on the same lot with a main building, unoccupied and unobstructed from the ground upward, except as otherwise provided in this ordinance and as defined herein:

(1)

Front yard: An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest line of the main building.

(2)

Rear yard: An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest line of the main building.

(3)

Side yard: An open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot to the nearest point of the main building.

(Ord. of 3-11-91, § 4; Ord. of 11-11-91; Ord. of 10-12-92; Ord. of 9-9-02; Ord. of 10-13-08, § 1)