The mayor and council, under the authority of the Georgia Planning Enabling Act of 1957, as amended, for the purpose of promoting the health, safety, order, prosperity or the general welfare of the city hereby ordains and enacts into law the articles and sections of this chapter.

(Code 1980, § 6-4-2)

The provisions of this chapter shall govern all land, buildings and structures within the corporate limits of the city.

(Code 1980, § 6-4-3)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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

Bed and breakfast means a structure occupied by its owners who shall be the operators, wherein lodging or lodging and breakfast are provided to guests, who limit their stay to not more than seven consecutive nights, for compensation. The dwelling unit in which the bed and breakfast takes place shall be the principal residence of an owner and an owner shall live in the structure when the bed and breakfast operation is in operation.

Board of appeals means the board of zoning appeals appointed by the mayor and council to hear various appeals and other matters.

Building includes the word "structure" and means any structure intended for shelter, housing or enclosure of persons, animals or chattels.

Building, front line of, means the line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.

Centerline of streets means a line surveyed and monumented as such; or if a centerline has not been surveyed and monumented, it shall be that line running midway between the outside lines of right-of-way of the street.

City means the mayor and council as formally constituted by charter.

Coverage means that percentage of the plot or lot area covered by the building area.

Dwelling means a building designed or used for permanent living quarters for one or more families or individuals.

Dwelling, multifamily, means a building designed for or used as a residence for three or more families living independently of each other in a complete dwelling unit.

Dwelling, one-family means a detached building designed for or occupied exclusively by one family.

Dwelling, two-family, means a building designed for or occupied exclusively by two families living independently of each other.

Dwelling unit means one or more rooms with kitchen facilities designed as a unit for occupancy by one family for cooking, living and sleeping purposes.

Family means one or more persons occupying a single dwelling unit, provided that unless all members are related by blood or marriage, no such family shall contain over five persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a family.

Feedlot means any parcel of land upon which the mechanical or hand feeding of five or more livestock animals per acre is performed for a period exceeding 30 days.

Home occupation means an occupation conducted in a dwelling unit, provided that:

(1)

No more than one person other than members of the family residing on the premises shall be engaged in that occupation;

(2)

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use of residential purposes by its occupants, and not more than 25 percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation;

(3)

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of any home occupation other than one sign, not exceeding two square feet in area, nonilluminated, and mounted flat against the wall of the principal building;

(4)

Home occupations conducted in any accessory building shall not occupy an area larger than 25 percent of the floor area of the primary dwelling;

(5)

No traffic shall be generated by any home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of any home occupation shall be met off the street and other than in a required front yard; and

(6)

No equipment or process shall be used in any home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. In the case of electrical interferences, no equipment or process shall be used which creates visual or audible interferences in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

Junkyard means any accumulation or storage of junked vehicles, machinery, equipment or appliances, vehicle or machinery parts, rags, litter or other debris in excess of 65 square feet in area. A junked vehicle is hereby defined as any vehicle that does not have the current year's state inspection sticker.

Loft dwellings means residential dwelling units, rented and/or owner occupied, located on any floor elevated above the ground or street level floor within the existing commercial buildings located within the community commercial district.

Lot includes the word "plot" or "parcel" and means a parcel of land occupied or capable of being occupied by one or more buildings, including accessory buildings or uses incidental to them, and including those open spaces as are required by this chapter.

Lot, corner, means a parcel of land at the junction of and fronting on two or more intersecting streets.

Lot, depth of, means the mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lines of the lot.

Lot lines means the lines bounding a lot.

Lot of record means a lot that is duly recorded in the office of the county clerk.

Lot, width of, means the mean width measured at right angles to its depth.

Map or zoning map means the official zoning map of the city.

Mobile home means a detached residential dwelling unit built upon a chassis and designed for transportation after fabrication on streets or highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations. A mobile home shall be larger than eight feet wide and 32 feet long.

Mobile home, double-wide, means a detached residential dwelling consisting of two or more separate units built upon chassis and designed for transportation after fabrication on streets or highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for the joinder of two or more of said units, together with incidental unpacking and assembly operations. A double-wide mobile home shall be larger than eight feet wide and 32 feet long.

Mobile home park means any five-acre parcel of land under single ownership designed to accommodate mobile homes to be used for living or sleeping purposes, including any land, building structure or other facilities used by the occupants of mobile homes on the property.

Modular structures means any structures prefabricated in part or whole and moved to the site for assembly. A modular type structure with attached wheels is considered a mobile home.

Personal care home means any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service, and one or more personal services for two or more adults who are not related to the owner or administrator by blood or marriage, and as may further defined by O.C.G.A. § 31-7-12.

Planning commission means the planning commission appointed by the mayor and council to review planning and zoning matters.

Sign means a single display surface or display device containing elements organized, related and composed to form a unit.

Sign, off-premises, means a sign other than an on-premises sign.

Sign, on-premises, means a sign relating in its subject matter to the premises on which it is located, or to products, accommodations, services or activities on the premises. On-premises signs do not include signs erected by the outdoor advertising industry to advertise products and the like located away from the premises.

Sign, public or semipublic directional, off-premises, means a sign that directs attention to a public or semipublic activity, such as a school, church, fraternal organization or the like. These signs shall not exceed ten square feet in area.

Special exception use means a use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location or relation to surrounding uses, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. These uses may be permitted in any zoning districts as special exception uses if specific provision for these conditional uses is made in this chapter.

Structure means anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences, billboards and signs.

Travel trailer means a vehicular portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight feet and a length not exceeding 32 feet. A travel trailer is not considered a mobile home.

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

Yard means an open space on the same lot with a principal building, unoccupied except as permitted by this chapter.

Yard, front, means an open, unoccupied space on the same lot with a principal building, extending the full width of the lot and located between the street line and the front line of the building projected to the side lines of the lot.

Yard, rear, means an open space on the same lot with a principal building, unoccupied except by a permitted accessory building or use, extending the full width of the lot and located between the rear line of the principal building projected to the side lines of the lot.

Yard, side, means an open, unoccupied space on the lot with a principal building located between the side line of the lot and extending from the rear line of the front yard to the front line of the rear yard.

Zoning official means the mayor and council, who is responsible for the enforcement of this chapter.

(Code 1980, § 6-4-4; Ord. of 9-28-98, § 1; Ord. of 10-8-12(2); Ord. of 9-23-13(2))

Cross reference— Definitions generally, § 1-2.

This chart presents in abbreviated form the minimum size, width and height requirements for each designated district.

(Code 1980, § 6-4-5)