- A -

ABANDONMENT: The relinquishment of property or a cessation of the use of the property by the owner with the intention neither of transferring rights to the property to another owner nor of resuming the use of the property.

ABUT OR ABUTTING: To physically touch or border upon; or to share a common property line.

ACCESS ROAD: A street designed to provide vehicular access to abutting property and to discourage through traffic.

ACRE: A measure of land area containing forty-three thousand five-hundred and sixty (43,560) square feet.

ACREAGE, GROSS: The total area within a parcel of land.

ADDITION (to an existing structure): Any construction that increases the size of a structure in terms of site coverage, floor area, volume, and/or height. Any walled and roofed expansion to the perimeter of a structure in which the addition is connected by a common load-bearing wall other than a firewall.

ADJACENT: To be separated by common property lines, lot lines, right of way or an alley.

AGRICULTURAL ROADSIDE STAND: A removable, temporary structure, not permanently affixed to the ground, used or intended to be used solely by the owner or the tenant of a property on which it is located for the sale of seasonable agricultural products produced on the premises and to be removed and stored behind the front building line of the property at the conclusion of the seasonal sales. No roadside stand shall be more than three-hundred (300) square feet in ground area and there shall not be more than one roadside stand on any one premise.

AGRICULTURAL STRUCTURE: A structure located on agriculturally used property and designed and constructed to house farm implements, livestock, hay, grain, fruit, and/or other agricultural products, supplies, and equipment used by the operators of the agricultural use. An agriculture structure shall not include dwellings or structures used for the processing, treating, or packaging of agricultural products, or by the public.

AGRICULTURAL USE, LOW INTENSITY: Farming, including but not limited to plowing, tillage, cropping, installation of best management practices, seeding, cultivating, or harvesting for the production of food and fiber products (excluding commercial logging and timber harvesting operations); the grazing or raising of livestock (excluding CAFO and CFO operations); Aquaculture; orchards; viticulture (vineyard); Christmas tree farms; and agricultural roadside stands.

AIR POLLUTION: Presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities and of characteristics and duration that are injurious to human, plant, or animal life, to property, or which unreasonably interfere with the comfortable enjoyment of life and property.

AISLE: The traveled way by which cars enter and depart parking spaces.

ALLEY: A right-of-way, other than a street, road, crosswalk, or easement, designed to provide a secondary means of access for abutting properties.

ALTERATION: Any change, addition, or modification in construction or use of an existing structure or property.

ALTERATION, STRUCTURAL: Any change in the supporting members of a building such as bearing walls, columns, beams, foundations or girders.

AMENITY: A natural or man-made feature that enhances or makes more attractive or satisfying a particular property.

ANIMAL: Any live vertebrate creature, domestic or wild, excluding human beings.

1)

Exotic Animal: Any animal not identified in the definition of "animal" provided in this part that is native to a foreign country or of foreign origin or character, and is not native to the United States, or was introduced from abroad. This term specifically includes animals such as, but not limited to, lions, tigers, leopards, elephants, camels, antelope, anteaters, kangaroos, and water buffalo, and species of foreign domestic cattle, such as Ankole, Gayal, and Yak.

2)

Farm Animal: Any domestic species of cattle sheep, swine, goats, llamas, horses, or poultry which are normally and have historically, been kept and raised on farms in the United States, and used or intended for use as food or fiber, for improving the quality of food or fiber, or for transportation. This term also includes animals such as rabbits, mink, and chinchilla, when they are used solely for purposes of meat or fur, and animals such as horses and llamas.

3)

Pet Animal: Any animal that has commonly been kept as a pet in family households in the United States, and is cared for and treated in a manner acceptable for pet dogs, cats, guinea pigs, rabbits, hamsters, and birds. This term excludes exotic animals and wild animals.

4)

Wild Animal: Any animal which is now or historically has been found in the wild, or in the wild state, within the boundaries of the United States, its territories, or possessions. This term includes, but is not limited to, animals such as deer, skunk, opossum, raccoon, mink, armadillo, coyote, squirrel, fox, and wolf.

ANIMAL BOARDING AND STABLES (excluding kennels): Any structure, land, or combination thereof used, designed, or arranged for the boarding, breeding, or care of dogs, cats, fowl, horses, or other similar domesticated animals for profit, but exclusive of animals used for agricultural purposes.

ANIMAL SHELTER: A facility used to care for and house lost, stray, homeless, abandoned, or unwanted animals; including those found running at-large or otherwise subject to impoundment consistent with applicable laws. Animal shelter includes facilities for adoption, medical treatment, and cremation.

ANTENNA: Any system of wires, poles, rods, reflecting discs, or similar devices used for the purpose of receiving and/or transmitting signals, images, sounds, or information of any nature by radio, visual, or electromagnetic waves, including but not limited to directional or omni-directional antennas, panels, and microwave or satellite dishes external to, or attached to, the exterior of any building.

APPEAL: A request for a review of the Director or Floodplain Administrator's interpretation of any provision of this Ordinance.

APPLICANT: The owner of real estate or an appointed agent of an owner, who makes application to the City of Villa Rica Community Development Department for action by the Villa Rica Planning & Zoning Commission or City Council

APPLICATION: The completed form or forms, together with any other required materials, exhibits, and fees required of an applicant consistent with the procedures established by this Ordinance.

APPURTENANCE: A minor element of a larger structure, such as a bay window, stairs, light post, etc.

ARBORIST: An individual trained in arboriculture, forestry, landscape architecture, horticulture, or related fields and experienced in the conservation and preservation of trees.

ASSEMBLY FACILITY: A building or portion of a building in which facilities are provided for group civic, educational, political, professional, religious, cultural, or social functions.

ASSISTED LIVING FACILITY: A multiple family structure, controlled either by a public body, institutional body, or nonprofit corporation, a majority of whose occupants shall be sixty-five (65) years of age or over, or a multiple family structure where each unit is occupied by at least one person who is fifty-five (55) years of age or over and is retired, and where the rental arrangement includes primarily non-medical services dealing with the instrumental activities of daily living such as dressing, grooming, bathing, etc.

AUCTION FACILITY (excluding livestock): A building or property used for the storage of goods and materials that are to be sold on the premises by public auction, and for the sale of the said goods and materials by public action on an occasional basis only.

AWNING: Any structure made of cloth, metal, or glass with a frame attached to a building and projecting over a window, sidewalk, or door, when the same is so erected as to permit its being raised or retracted to a position flat against the building when not in use.

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BALCONY: A platform that projects from the wall of a building and is surrounded by a railing or parapet.

BANQUET HALL: An establishment which is rented by individuals or groups to accommodate private functions including, but not limited to, banquets, weddings, anniversaries and other similar celebrations. Such a use may or may not include: 1) kitchen facilities for the preparation or catering of food; 2) the sale of alcoholic beverages for on-premise consumption, only during scheduled events and not open to the general public; and 3) outdoor gardens or reception facilities.

BASEMENT: A story all or partly underground but having at least one-half (½) of its interior height below the average finished grade adjoining ground. A basement shall not be counted as a story for the purpose of height regulations unless it has been subdivided into rooms and used for tenant purpose.

BEACON: Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source; also, any light with one or more beams that rotate or move.

BERM: A man-made mound of earth of definite height and width used for landscaping and obscuring purposes.

BLOCK: A unit of property bounded by street rights-of-way, railroad rights-of-way, or waterways.

BOARDING HOUSE: An establishment offering rooms for rent, where meals are regularly served from a single kitchen (not open to the general public) for compensation for three (3) or more persons, but not exceeding twelve (12) persons. Boarding houses do not include bed and breakfasts, multifamily dwellings, hotels, or motels.

BREWERY: A manufacturer or producer of malt beverages for wholesale off the premises but does not include a brewpub as that term is defined in this Section. Typical brewing production is greater than 15,000 barrels per year.

BREWERY, MICRO: A manufacturer or producer of malt beverages for wholesale off the premises limited to no more than 15,000 barrels per year.

BREWERY, NANO: A manufacturer or producer of malt beverages for wholesale off the premises limited to no more than 2000 barrels per year.

BREWERY, PUB: Brewpub means a restaurant in which beer or malt beverages are manufactured or brewed, subject to the barrel production limitation prescribed in O.C.G.A. § 3-5-36 for retail consumption on the premises and solely in draft form.

BUFFER YARD: An area adjacent to front, side and/or rear property lines, measured perpendicularly from adjacent property lines and/or right-of-way lines, intended to visibly separate one use from another through the use of trees, shrubs, walls, fences, berms, other related landscaping features. Buffer yards are intended to: help maintain existing trees or natural vegetation; maintain privacy; or to shield/block sound, noise, light, odor, chemicals, or other nuisances. Buffer yards can exist in the same horizontal space as front, side, and rear setbacks provided that the largest setback distance shall be met.

BUILD-TO LINE: A line parallel to the front property line indicating the distance from the front property/right-of-way line at which principal structures must be built. A built-to line is neither a minimum or a maximum, but rather a specific requirement. Front porches and handicap ramps shall be exempt from build-to line requirements, and must occur behind the property line.

BUILDABLE AREA: The three dimensional portion of a lot remaining after the setback, easement, buffers, maximum height, landscaping, or open space requirements of this Ordinance have been met. Also referred to as "Building Envelope."

BUILDING: Any structure that is primarily above ground and enclosed, having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any persons, property, or animals. When separated by division walls from the ground up and without openings, each portion of such building may be deemed as a separate building.

BUILDING, ACCESSORY: A subordinate building or structure on the same property or on an approved property as the principal building or structure.

BUILDING, ATTACHED: A building that is structurally connected to another building by a foundation, wall, or roof line.

BUILDING CODE: The City Ordinance establishing and controlling the standards for constructing buildings, utilities, mechanical equipment and all forms of structures and permanent installations and related matters within the City.

BUILDING, DETACHED: A building having no structural connection with another building.

BUILDING, FRONT LINE OF: The line of the face of the building nearest the front Lot Line.

BUILDING INSPECTOR: That individual designated by the Community Development Director to enforce the provisions of the building code.

BUILDING, PRINCIPAL: The building or structure in which is conducted the principal use of the lot on which it is located. Where a substantial part of an accessory building is attached to the principal building in a substantial manner, as by a roof, such accessory building shall be counted as a part of the principal building. Standards recognized by the Indiana Department of Fire and Building Services shall be used to determine whether a given structure constitutes one (1) or more buildings in cases where ambiguities exist.

BUS OR TRAIN TERMINAL: A centralized and/ or primary community facility for the transient housing or parking of motor driven buses, trains, or similar mass transit modes of transportation, and the loading and unloading of passengers.

BUSINESS, COMMERCIAL SERVICE: Establishments that primarily render services rather than goods. Such services may include, but not be limited to, copy shops, printing services, photo processing, barber and beauty shops, dance/ martial arts/gymnastics studios, salon, nail and tanning.

BUSINESS, RETAIL: Any business selling goods, wares or merchandise directly to the ultimate consumer for direct consumption and not for resale. A retail business use includes, but need not be limited, to such activities as: supermarkets or stores that sell hardware, apparel, footwear appliances, furniture, department stores, and discount stores. Also includes the maintenance or operation of offices.

BUSINESS, RETAIL, SMALL SCALE: Any retail business that is less than fifteen-thousand (15,000) square feet in floor area. This use may include, but shall not be limited to: antique shop, flower shop, grocery store/supermarket, jewelry store, news dealer/bookstore, office supply store, pharmacy, print shop/copy center, shopping centers (> 15,000 sf), and video/music store.

BUSINESS, RETAIL, MEDIUM SCALE: Any retail business that is greater than fifteen-thousand (<15,000) square feet, but less than thirty-five thousand (35,000) square feet in floor area. This use may include, but shall not be limited to: building supply store, department store, home electronics/appliance store, manufactured home sales, and nursery (retail and wholesale).

BUSINESS, RETAIL, LARGE SCALE: Any retail business that is greater than thirty-five thousand (35,000) square feet in floor area. Includes "big box" stores, superstores, and department store bulk sales. This use may include, but shall not be limited to: "big box" stores, superstores, department store bulk sales, or mall/outlet shopping centers.

BUSINESS, WHOLESALE: A business establishment that generally sells commodities in large quantities or by the piece to retailers, jobbers, other wholesale establishments, or manufacturing establishments. The commodities are basically for future resale, for use in the fabrication of a product or for use by a business service.

BUSINESS/FINANCIAL SERVICES OFFICE: Any office where the primary occupation is concerned with such federal or state-regulated businesses as banking, savings and loans, loan companies, and investment companies.

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CAMPUS: An area of land constituting and making up the grounds of an institution, such as a college or university, a business complex, or a manufacturing park.

CANOPY: Any structure, other than an awning, made of cloth or metal with frames attached to a building, projecting over a sidewalk.

CANOPY, GASOLINE ISLAND: Any structure made of metal with frames attached to the ground or a building, that projects over gasoline islands or pumps.

CAR WASH: A building or part of a building containing facilities for washing more than two (2) automobiles within self-service open bays, or using production-line methods with a chain conveyor, blower, steam cleaning device or other mechanical device and which may include on the same site the fueling of automobiles when such fueling is ancillary and preliminary to the principal function of washing vehicles.

CARPORT: A covered automobile parking space not completely enclosed by walls or doors.

CEMETERY: Land used or intended to be used for the burial of the animal or human dead and dedicated for cemetery purposes, including crematories, columbariums, mausoleums, and mortuaries if operated in connection with and within the boundaries of a cemetery.

CERTIFICATE OF COMPLETION: A required certificate for any non-roofed structure, including but not limited to signs and pools, that allows use of the structure after it has been determined that the structure meets all of the requirements of applicable ordinances.

CERTIFICATE OF OCCUPANCY: A required certificate allowing occupancy or use of a building or structure after it has been determined that the building or structure meets all the requirements of applicable City and County codes and ordinances, and state and federal regulations.

CHANGE OF USE: Any use which substantially differs from the previous use of a building or parcel of land.

CLUSTER DEVELOPMENT: A development design technique that concentrates buildings/ structures in specific areas on a site to allow the remaining land to be used for recreation, common open space, and/or preservation of historic or environmentally sensitive features.

COMMON AREA: Land within a development which is not individually owned or dedicated to the public, but which is designed and intended for the use, enjoyment, and maintenance of the property owners within that development or other specific area. The common area may include complimentary structures and/or other improvements.

COMMUNICATIONS SERVICE EXCHANGE: A telecommunications facility that houses one or more computer systems and related equipment dedicated to building, maintaining, and/or processing data. Such a facility would likely include a telephone service exchange, a data center, and a server farm.

COMPATIBLE: Having harmony and consistency in design, function, and/or appearance.

COMPREHENSIVE PLAN: A plan adopted by the Villa Rica City Council showing the general location and extent of present and proposed physical facilities including residential, industrial and commercial uses, major streets, parks, schools and other community facilities. This plan establishes the goals, objectives, and policies for the physical development of the City.

CONCEPT PLAN: An illustration of the layout of a proposed planned unit development, required prior to a PUD rezoning consideration, and prior to the filing of a Preliminary Plan for a PUD or a Primary Plat for a subdivision.

CONDITION OF APPROVAL: Stipulations or provisions set forth as a prerequisite for approval of an application.

CONDOMINIUM: Real estate lawfully subject to O.C.G.A Chapter 3, Article 3, as amended: Condominiums by the recording of condominium instruments, in which undivided interests in the common areas and facilities are vested in the condominium unit owners. Also, a form of property ownership providing for individual ownership of space in a structure together with an individual interest in the land or other parts of the structure in common with other owners.

CONSTRUCTION, ACTUAL: Work done which is beyond the preparation stage and into that stage where the changes or additions are made permanent. Actual construction includes the placing of construction materials in a permanent position and fastened in a permanent manner. Where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that the work shall be carried out diligently.

CONSTRUCTION, NEW: Any walled and roofed addition, which is connected by a firewall or is separated by independent perimeter load-bearing walls, is new construction.

CONSTRUCTION, START OF: The date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within one-hundred eighty (180) days of the permit date. The actual start means the first placement or permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footing, installation of piles, construction of columns, or any work beyond the stage of excavation for placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

CONSTRUCTION TRAILER: A manufactured mobile unit without cooking or bathroom facilities, not designed for dwelling purposes, and used as a temporary office during construction.

CONSTRUCTION PLANS: Drawings that detail the specific location and design of utilities, streets, and other improvements.

CONVALESCENT CARE/NURSING HOME: A home, licensed by the state, for the aged or chronically or incurably ill persons in which five (5) or more persons not of the immediate family are provided with food and shelter or care for compensation, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

COVENANTS: Private and legal restrictions of various kinds on the usage of lots, typically within a subdivision and applied by the developer, that are recorded with the plat and deed. Covenants are enforceable in civil court by interested or affected parties.

CREMATORY: A building or structure containing one or more cremation chambers or retorts for the cremation of dead human bodies or large animals and "large animals" means all cattle, horses, sheep, goat, swine or similar species commonly kept as livestock.

CROSSWALK: A strip of land dedicated to public use, which is reserved across a block to provide pedestrian access to adjacent areas.

CURB: A concrete boundary marking the edge of a street or other paved area and providing for a change in grade between the street surface and the adjacent unpaved portions of the street right-of-way.

CURB CUT: The providing of vehicular ingress and/or egress between property and an abutting public street.

CURB RADIUS: The curved edge of a street, driveway, or other paved area at an intersection with another street, driveway, or other paved area.

CUT: An excavation. The difference between a point on the original ground and a designated point of lower elevation on the final grade. Also, the material removed in excavation.

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DAY CARE CENTER (child/adult): As defined by Georgia Law, and for the purposes of this Zoning Ordinance, a non-residential building where at least one (1) child or adult receives care from a provider:

1)

While unattended by a parent, legal guardian, or custodian;

2)

For regular compensation; and

3)

For more than four (4) hours but less than twenty-four (24) hours in each of ten (10) consecutive days per year, excluding intervening Saturdays, Sundays, and holidays.

DAY CARE HOME (child/adult): As defined by Georgia Law, and for the purposes of this Zoning Ordinance, a residential structure in which at least six (6) children or adults (not including those for whom the provider is a parent, stepparent, guardian, custodian, or other relative or any child who is at least fourteen (14) years of age and does not require child care) at any time receive care from a provider:

1)

While unattended by a parent, legal guardian, or custodian;

2)

For regular compensation; and

3)

For more than four (4) hours but less than twenty-four (24) hours in each of ten (10) consecutive days per year, excluding intervening Saturdays, Sundays, and holidays.

DEALERSHIP OUTDOOR DISPLAY AREA: An area of designated size for the placement of automobiles, recreational vehicles, motorcycles, trucks, trailers and farm implements, new or used for sale outside of the building or structure. This does not include areas to be designated for customer & employee parking or service areas.

DECK: A platform, either freestanding or attached to building that is supported by pillars or posts.

DECIBEL: A unit of measurement of the intensity of loudness of sound. Sound level meters are used to measure such intensities and are calibrated in decibels.

DENSITY: A unit of measurement that indicates the number of units per acre of land.

1)

Gross Density: A number of units per acre of the total land to be developed, including public rights-of-way and dedicated open space.

2)

Net Density: A number of units per acre of land when the acreage involved includes only the land devoted to intended uses and common open space, and excluding public rights-of-way and dedicated open space.

DESIGN: A planned arrangement of forms, shapes, massing, colors, and materials intended to serve a useful purpose or be decorative or artistic. The essence of a design resides not in the elements individually, nor in their method of arrangement, but in the total ensemble that awakens some sensation in the observer's mind.

DESIGNATED ENFORCEMENT ENTITY: The board, commission, person, or other entity charged with enforcing a violation of the Zoning Ordinance.

DETACHED STRUCTURE: A building that has no structural connection with the principal structure.

DEVELOPER: An individual, partnership, corporation (or agent thereof), or other entity that undertakes the responsibility for land development, particularly the designing of a subdivision plat or site Development Plan showing the layout of the land and the public improvements involved therein.

DEVELOPMENT: Any man-made change to improved or unimproved real estate including but not limited to:

1)

Construction, reconstruction, or placement of a building or any addition to a building;

2)

Installing utilities, erection of walls, construction of roads, or similar projects;

3)

Construction of flood control structures such as levees, dikes, dams, or channel improvements;

4)

Mining, dredging, filling, grading, excavation, or drilling operations;

5)

Construction or reconstruction of bridges or culverts;

6)

Storage of materials; or

7)

Any other activity that might change the direction, height, or velocity of flood or surface waters.

8)

Development does not include activities such as the maintenance of existing buildings and facilities such as painting, re-roofing, resurfacing roads, or gardening, plowing and similar agricultural practices that do not involve filling, grading, excavation, or the construction of permanent buildings.

DEVELOPMENT PLAN: Also referred to as Site Development Plan or Site Plan. A detailed, dimensioned plan that illustrates the proposed development or alterations of a site, which would normally include architectural, engineering, landscape architectural, lighting and signage plans, prepared in accordance with the rules and regulations of the City of Villa Rica, and submitted to the Planning & Zoning Commission or other designated body or authority for review and approval.

DEVELOPMENT PLAN REVIEW: A process through which adaptive reuse, new development, and structural/site expansions of more than thirty (30%) percent for all multifamily, commercial or industrial development, and major residential subdivisions must proceed according to the provisions of this Zoning Ordinance.

DEVELOPMENT STANDARDS: Regulations provided by this Ordinance that provide specific conditions for the development and use of buildings/structures and property.

DISTANCE BETWEEN STRUCTURES ON SAME LOT, MINIMUM: This distance, measured between the points of shortest distance on the exterior facades of two (2) structures, shall determine the minimum separation of multiple structures within one (1) developed lot.

DISTRICT: An area with common social, physical, economic, or land use characteristics.

DRIVE-IN FACILITY: Any portion of a building or structure from which business is transacted or is capable of being transacted directly with customers located in a motor vehicle during such business transactions.

DRIVEWAY: A private roadway providing access for vehicles to a parking space, garage, dwelling or other structure intended for motor vehicle access.

DRIVEWAY, COMMON: An access shared by adjacent property owners.

DWELLING: Any building, or portion of a building, which is designed or used primarily for residential purposes, including single-family, two-family and multifamily; but not including hotels, motels, boarding houses, lodging houses and tourist housing. Any building or part of a building containing living, sleeping and housekeeping accommodations, and sanitary facilities for occupancy by one (1) or more families.

DWELLING, ACCESSORY APARTMENT: A dwelling unit designed for and occupied by one (1) family or single unit of housekeeping, and secondary to a principal use of the property, for use as a complete, independent living facility with provision in the accessory apartment for cooking, eating, sanitation, and sleeping. Accessory apartments shall be clearly subordinate to the principal use in both size and location.

DWELLING, APARTMENT: A dwelling unit in a structure arranged, intended, designed, or occupied on a rental basis for the housing of a single-family, an individual, group of individuals, or other single housekeeping unit.

DWELLING, MANUFACTURED HOME/MOBILE HOME: As defined in 42 USC 5402, and for the purposes of this Ordinance, a structure, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three-hundred twenty (320) or more square feet, and which is built on a permanent chassis and 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; 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 and complies with the standards established under this Chapter; and except that such term shall not include any self-propelled recreational vehicle.

DWELLING, MULTI-FAMILY: A building consisting of three (3) or more dwelling units, including condominiums, with varying arrangements of entrances and party walls. Individual kitchen/ dining and restroom/bathing facilities shall be provided in each separate dwelling unit. Multifamily housing may include public housing and industrialized units. The number of families and housekeeping units in residence not exceeding the number of dwelling units provided.

DWELLING, SINGLE FAMILY, ATTACHED: Single-family units, not more than three (3) in any one (1) building, which are physically attached, one to another, by a combination of common or adjoining vertical walls or floors which have individual heating and plumbing systems. Includes two-family dwellings.

DWELLING, SINGLE FAMILY: A building containing one (1) dwelling unit and that is not attached to any other dwelling by any means and is surrounded by open space or yards. This definition includes Manufactured Homes that are approved under 2010 Georgia Code Title 8 Chapter 2: Buildings and Hosing.

DWELLING SITE: A site within a manufactured home park with required improvements and utilities that is leased for the long term placement of manufactured homes.

DWELLING, TWO-FAMILY: A building consisting of two (2) dwelling units which may be either attached side by side, or one above the other; and each unit having a separate or combined entrance or entrances from the outside of the building.

DWELLING UNIT: A room or group of rooms designed and equipped exclusively for use as living quarters for only one (1) family and its household employees, including sleeping, cooking, and sanitary facilities. The term shall include manufactured homes but shall not include recreational vehicles.

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E.I.F.S.: Acronym for Exterior Insulation Finishing System, a construction siding material.

EASEMENT: Authorization by a property owner for the use of a designated part of the subject property by specific persons, the general public, corporations, utilities, or others, for a specified purpose, of any.

EDUCATIONAL INSTITUTIONAL, EXCLUDING P-12, PUBLIC/PRIVATE: Examples may include trade schools, learning academies, defensive driving schools, self-defense, martial arts, colleges and universities.

EGRESS: An exit.

ELECTRONIC VARIABLE MESSAGE SIGNS (EVMS): A sign, or component of a sign, such as an electrically or electronically controlled message center, where the characters, letters, or illustrations can be changed or rearranged either in the field, or from a remote location, without physically altering the face or the surface of the sign.

ELEVATION: A flat scale drawing of the front, rear, or side of a building.

ENGINE BRAKES. This [term] applies to any form of secondary braking system commonly found on large trucks that use compression from the engine as resistance to slow the drivetrain. Such braking systems are commonly referred to as "Jacobs Engine Brakes," "Engine Brakes," or "Jake Brakes" and often cause the engine to make a loud sound audible from a distance.

ENLARGEMENT: An increase in size of an existing structure or use.

ESSENTIAL SERVICES, MAJOR: Services of a regional nature that normally entail the construction of new buildings or structures such as generating plants and sources, electrical switching facilities, and stations or substations, community waste water treatment plants, and similar facilities. Included in this use type are also electric, gas, and other utility transmission lines of a regional nature that are not otherwise reviewed and approved by the state and all overhead service, distribution and transmission lines.

ESSENTIAL SERVICES, MINOR: Services that are necessary to support development within the immediate vicinity and that involve only minor structures. Included in this use type are small facilities such as transformers, relay and booster devices, and well, water and sewer pump stations. Also included are wireless telecommunication antennas attached to an existing building or structure, including but not limited to utility poles, signs, broadcasting or communication facilities, and water towers, and that do not increase the height of such building or structure by ten (10) feet.

EXCAVATION: Any act by which earth, sand, gravel, rock or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed. Shall also include the conditions resulting therefrom.

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FACADE: The portion of any exterior elevation on a building, extending from grade level to the top of the parapet, wall, or eaves for the entire width of the building elevation.

FAMILY: Defined as:

1)

one (1) or more persons related by blood, marriage, adoption or other duly authorized custodial arrangement; or

2)

not more than four (4) unrelated persons living together in a dwelling sharing common sleeping, cooking, living, and eating facilities; or

3)

residents of a Group Home (see "Group Home") licensed by the State of Indiana.

4)

A family does not include any society, club, fraternity, sorority, group living in a boarding house, hotel, motel, bed and breakfast facility, lodging house, rooming house, assisted living facility, nursing home, or club.

FAMILY DAY CARE HOME: Family child care is home-based care provided for a portion of the day in a private family home for compensation. The home must be inhabited by the family/individual who is providing care, and the provider's hours of operation may not exceed eighteen (18) hours in a 24-hour period.

FARMER'S MARKET: The seasonal selling at retail of home-grown vegetables or produce, occurring in a pre-designated area, where the vendors are the same individuals who have raised the products for sale.

FENCE: Any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

FENCE, BARBED-WIRE/RAZOR-WIRE: One or more strands of wire or other material having intermittent sharp points of wire or metal that may puncture, cut, tear, or snag persons, clothing, or animals.

FILL: Any act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface. Shall also include the conditions resulting therefrom. Also the difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade, or the material used to make a fill.

FINANCIAL GUARANTEE: Any guarantee which may be accepted in lieu of a requirement that certain improvements be made before the Commission approves the secondary plat, including but not limited to, performance bonds, escrow agreements, letters of credit, deposit agreements, and other similar collateral or surety arrangements approved as valid and enforceable by the Commission.

FINANCIAL INSTITUTION: Any building, property or activity of which the principal use or purpose of which is the provision of financial services including but not limited to banks, facilities for automatic teller machines (ATM's), credit unions, savings and loan institutions and mortgage companies.

FIXTURE, LIGHT: The assembly that holds the lamp (bulb) in a lighting system. It includes the elements that provide light output control, such as a reflector (mirror) or refractor (lens), the ballast, housing, and the attachment parts.

FLAG: Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.

FLAT ROOF: The silhouette formed by a roof line. While the name infers a roof with no pitch, the actual roof structure is required to have a slope for drainage purposes. The roof line can be stepped or flat in appearance by using architectural elements such as cornices, mansards, and parapets.

FLEA MARKET: An occasional or periodic sales activity held, for profit, within a building, structure, or open area where groups of individual sellers offer goods new and used, for sale to the public, (not to include private garage sales) in rental spaces for a fee. Flea market shall not include informal garage or yard sales.

FLEX SPACE: A building, usually prefabricated, that provides the appearance of a "store front" with a designated use and generally includes an additional use located within the back of a building. Typically, these buildings are designed to be multifunctional containing office or retail space in the front of the building along the "storefront" while other uses including office, retail, warehousing or light manufacturing are located in the rear of the building, hidden by the "store front" use.

FLOOR AREA, FINISHED: That portion of floor area constructed, completed, and usable for living purposes with normal living facilities which includes sleeping, dining, cooking, working, entertainment, common space linking rooms, areas for personal hygiene, or combination thereof. Floor area or portion thereof used only for storage purposes and not equipped for the facilities mentioned above shall not be considered Finished Floor Area. The Finished Floor Area of a principal structure does not include a garage, carport, deck, unfinished storage, patio, or open porch.

FLOOR AREA, GROSS: The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the center line of a wall separating two (2) buildings. The gross floor area shall not include interior parking spaces, loading space for motor vehicles or any space where the floor to ceiling height is less than six (6) feet.

FLOOR AREA, GROUND: The area of a building in square feet, as measured in a horizontal plane at the ground level within its largest outside dimensions, exclusive of open porches, breezeways, terraces, garages, and exterior stairways.

FLOOR AREA, NET: The total of all floor area of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading, and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.

FLOOR AREA RATIO: The total floor area of all stories of all buildings or structures on a lot, divided by the total land area of such lot.

FOUNDATION: The supporting member of a wall or structure.

FOUNDATION, PERMANENT: A structural system, constructed of masonry or poured concrete, for transposing loads from a structure to the earth at a depth below the established frost line without exceeding the safe bearing capacity of the supporting soil.

FRONTAGE OR BLOCK FRONTAGE: All property on both sides of a street between two intersecting streets (crossing or terminating) measured along the line of the street, or if the street is dead-ended, then all of the property abutting both sides between an intersecting street and the dead end of the street. Also known as Street Frontage.

FRONTAGE ROAD: A road which parallels a major arterial or collector street, providing access from abutting property and separated from the thoroughfare by a common dividing strip.

FULL CUTOFF: A light fixture which prevents distribution of light above a horizontal lane through the lowest point of the bulb or lens, diffuser, reflective passing enclosure, or other parts intended to distribute light.

FULLY SHIELDED: A fixture constructed, installed, and/or mounted so that a line of sight to the bulb is obstructed by an opaque material when viewed at ground level or above from all adjoining residential and public right-of-way property lines and from twenty (20) feet inside all other adjoining property lines.

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GARAGE, PRIVATE: A detached accessory building or portion of a principal building for the parking or temporary storage of automobiles, travel trailers or boats of the occupants of the premises. (Not a repair facility.)

GARAGE, PUBLIC: A principal building or accessory building other than a private garage, used for parking or temporary storage of passenger automobiles, and, in which, no vehicle sales or service shall be provided for remuneration.

GARAGE/YARD SALE: The sale or offering for sale to the general public six (6) or more items of personal property on any portion of a lot in a residential zoning district, either within or outside or a structure.

GLARE: The reflection of harsh, bright light producing an effect that causes annoyance, discomfort, or loss of visual performance and visibility.

GRADE: The surface of the ground adjacent to the exterior walls of a building.

GRADING: Any stripping, cutting, filling, stockpiling or any combination thereof; also the land in its cut or filled condition.

GRADING PLAN: The drawing and supporting documents that describe the process and result of the excavating, filling, or leveling of a property by mechanical or other artificial methods.

GRANDFATHERED: A description of the status of certain properties, uses, activities, and conditions that were legally existing prior to the effective date of this Ordinance.

GREEN SPACE AREA: That portion of the front yard of a lot that is immediately adjacent and parallel to the street right-of-way of the Ronald Reagan Parkway and all other Roads within the identified boundaries.

GREENHOUSE, COMMERCIAL: A greenhouse used for the growing of plants, all or part of which are sold at retail or wholesale either on or offsite.

GROUP HOME: A residential care facility licensed by the State of Georgia which provides room and board, and personal care and supervision for not more than ten (10) aged, developmentally disabled or mentally ill persons, none of whom has a history of violent or anti-social behavior, who are able to be integrated into a family-type setting.

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HARDSHIP (as related to variances of this Ordinance): The exceptional hardship that would result from a failure to grant the requested variance. The City Council requires that the variance is exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is NOT exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

HAZARDOUS WASTE: Any refuse, solid waste or combination of solid wastes that, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may:

1)

Cause or significantly contribute to an increase in mortality or increase in serious irreversible, or incapacitating reversible illness; or

2)

Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

HAZARDOUS MATERIAL: Any substances or materials that by reason of their toxic, caustic, corrosive, abrasive, or otherwise injurious properties, may be detrimental to the health of any person handling or otherwise coming into contact with such material or substance.

HEALTH CARE FACILITY, MEDICAL OR EMERGENCY: A facility or institution, whether public or private, used for the care, diagnosis and treatment of sick, ailing, infirm and/or injured persons and those who are in need of medical or minor surgical attention, but who are not provided with board or room, nor kept overnight on the premises.

HEALTH SPA: A place or building where active exercise and related activities are performed utilizing weight control or muscle building equipment or apparatus for the purpose of physical fitness. Also a place or building that provides massage, exercise, and related activities with or without such equipment or apparatus.

HEDGE: A row of closely planted shrubs, bushes, or any other kind of plant used as a compact, dense, living barrier that protects, shields, separates, or demarcates an area.

HEIGHT: Defined as:

1)

Structure or Building Height: In all instances, the height of a structure shall be measured from the average elevation of the proposed finished grade to the highest point of the structure. Exemptions are listed in Section 7.07 - Height Standards.

2)

Building Maximum: The maximum allowable vertical distance of a building or structure. Certain height exceptions are permitted according to the provisions of Section 7.07 - Height Standards.

HOME BASED-BUSINESS: A business based in the dwelling and/or accessory structures of its owner or operator which results in limited business practices within certain single family residential districts, the scope and character of which is defined by the requirements of the Home Business standards of this Ordinance.

HOME OCCUPATION: A business based in the dwelling of its owner or operator which results in minimal business practices within residential zoning districts, the scope and character of which is defined by the requirements of the Home Occupation standards of this Ordinance.

HOME OWNERS ASSOCIATION: An incorporated non-profit organization operating under recorded land agreements through which each lot owner is automatically a member and each lot is automatically subject to a proportionate share of the expenses for the organization's activities, such as maintaining common property.

HORIZONTAL FOOTCANDLES: The amount of light striking a horizontal plane or surface.

HOSPITAL: Any building or other structure containing beds for at least four (4) patients and devoted to medical diagnosis, treatment or other care of human ailments. Any institution, licensed by the State Department of Health, providing primary health services and medical or surgical care to persons, primarily in-patients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including as an integral part of the institution, related facilities such as laboratories, outpatient facilities, central service facilities, staff offices, or training facilities. Such institution must be operated by, or treatment given under direct supervision of a licensed physician. Types of hospitals include general, mental, chronic disease and allied special hospitals such as cardiac, contagious disease, maternity, orthopedic, cancer, and the like. Hospital does not include nursing homes, retirement facilities, shelters, or boarding houses.

HOTEL OR MOTEL: A facility offering transient lodging accommodations on a daily rate to the general public and potentially providing additional accessory services such as restaurants, meeting rooms and recreational facilities.

HOUSE-SIDE (SHIELD): Lighting industry term for an internal or external shield installed on a light fixture designed to limit light spill and glare to off-property locations.

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ILLUMINATION, EXTERNAL: Illumination of a sign that is affected by an artificial source of light not contained within the sign itself.

IMPERVIOUS SURFACE: Any hard surfaced, man-made area that does not readily absorb or retain water, including but not limited to: building roofs, parking and driveway areas, sidewalks and paved recreation areas.

IMPROVEMENT: Any man-made building, structure, bridge, work of art, area, parking facility, public facility, fence, gate, wall, landscaping, or other immovable item that becomes part of, placed upon or is affixed to real estate.

INCIDENTAL: A minor occurrence or condition that is customarily associated with a permitted use and is likely to ensue from normal operations.

INDUSTRIAL PARK: A planned, coordinated development of a tract of land with two or more separate industrial buildings. Such development is planned, designed, constructed, and managed on an integrated and coordinated basis with special attention given to on-site vehicular circulation, parking, utility needs, building design, orientation and open space.

INFILL DEVELOPMENT: The development of new housing or other principally permitted buildings on scattered development sites in a developed or built-up area.

INFRASTRUCTURE: Facilities and services needed to sustain industry, residential, commercial, and all other land use activities, including utilities and streets.

INGRESS: Access or entry point.

INSPECTORS: Employees of the City authorized by the Community Development Director to enter, examine, and survey all lands within the City to accomplish the enforcement of this Ordinance and any other land use regulations of the City.

INTEGRATED CENTER: A group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations, and protection from the elements.

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JUNK: Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles or automobile parts, iron, steel, and other old scrap ferrous or nonferrous material.

JUNK YARD: As defined by O.C.G.A. § 43-43-1, as amended; An establishment or place of business that is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard.

JURISDICTION: Any area over which a unit of government exercises power and authority.

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KENNEL, PRIVATE: Any building or land designated or arranged for the care of more than a combined total of eight (8) dogs and/or cats, and limited further to a maximum of four (4) dogs and a maximum of four (4) cats, six (6) months of age or older, belonging to the owner of the principal use, kept for the purposes of personal enjoyment as pets, all of which have been sterilized (spayed or neutered) or more than a combined total of three (3) dogs and/or cats, six (6) months of age or older, belonging to the owner of the principal use, kept for the purposes of personal enjoyment as pets, that have not been sterilized.

KENNEL, COMMERCIAL: An establishment licensed to operate a facility housing domestic animals such as, but not limited to, dogs or cats, and where activities including, but not limited to, grooming, breeding, boarding, training or selling of animals are conducted as a business.

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LAND DISTURBANCE PERMIT: A permit stating that the proposed erection, construction, enlargement, alteration, repair, improvement, removal, conversion, demolishing, or moving of a building or structure; alteration of the condition of the land; or change in the use or occupancy of a property complies with the provisions of this Ordinance.

LANDSCAPING: The improvement of a lot with grass, shrubs, trees, and other vegetation and/ or ornamental objects. Landscaping may include pedestrian walks, flower beds, berms, fountains and other similar natural and man-made objects.

LANDSCAPING, DEFECTIVE: Dead or dying plant material, damaged berms, walls, fences, and/or other landscaping elements.

LDN CONTOUR: A line linking together a series of points of equal cumulative noise exposure bases on the LDN metric.

LIGHT INDUSTRIAL PROCESSING AND DISTRIBUTION: Processing and distribution of materials and products from processed or previously manufactured materials. Light industry is capable of operation in such a manner as to control the external effects of processing such as smoke, noise, odor, etc.

LIVING AREA: The sum of the livable horizontal areas of a building measured from the interior faces of the exterior walls, exclusive of unfinished basements, unfinished attics and attached garages.

LIVING AREA, GROUND FLOOR MINIMUM: The sum or average, where designated, of the livable horizontal areas on the ground level of a residential building measured from the interior faces of the exterior walls, exclusive of attached garages and communal facilities such as multifamily laundry facilities or common rooms. The minimum for a specific residential structure shall be dependent on the number of stories within the residential structure.

LIVING AREA, TOTAL MINIMUM: The sum of the livable horizontal areas on all levels of a residential dwelling unit measured from the interior faces of the exterior walls, exclusive of basements, unfinished attics and attached garages. Each residential dwelling unit shall have separate and individual kitchen and bathroom facilities.

LOADING SPACE, OFF-STREET: Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space. Off-street loading spaces shall be located totally outside of any street or alley right-of-way. An off street space, located on the same lot with a building or group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise, materials or goods.

LOCATION MAP: A drawing which shows the relationship of the proposed subdivision, Development Plan or use to other nearby developments or landmarks and community facilities and services in order to better locate and orient the area in question. Such map shall show the closest cross streets in all directions.

LOT: A parcel of land of sufficient size to meet minimum zoning requirements for use, coverage, and buildable area, and to provide such yards, setbacks, and other open spaces as required by this Ordinance. Such lot shall have frontage on an improved public street, or on a private street which meets City standards. A lot may be a single parcel separately described in a deed which is recorded in the Office of the County Recorder; or a lot may be a single parcel separately described in a survey which is recorded in the Office of the County Recorder; or a lot may include a parcel contained in a plat or subdivision of land which is recorded in the Office of the County Recorder; or a lot may include parts of, or a combination of, such parcels which are adjacent to one another and used as one. Each lot shall be limited to one (1) principal building and one (1) principal use and its accessory buildings.

LOT AREA: The horizontal area within the exterior lines of a lot, including any easements, but excluding any rights-of-way or other similar dedications to the public.

LOT, BUILDABLE: Any lot upon which improvements are permitted to be constructed, or which is otherwise allowed to be occupied and used consistent with all applicable requirements of this Ordinance.

LOT, CORNER: A lot or parcel of land abutting upon two (2) or more streets at their intersection, or upon two (2) parts of the same street forming an interior angle of less than one-hundred thirty-five (135) degrees.

LOT COVERAGE: The ratio of either enclosed ground floor area of all buildings; or the lot area that is covered, occupied or enclosed by buildings structures, parking areas, driveways, walkways, and other paved or impervious surface on a lot, to the horizontally projected area of the lot, expressed as a percentage.

LOT COVERAGE (all impervious surfaces), MAXIMUM: The maximum amount of ground floor area occupied by buildings, structures, parking lots, or other impervious surfaces on a lot expressed as a percentage of the horizontally projected area of the lot.

LOT COVERAGE (structures and buildings), MAXIMUM: The maximum amount of enclosed ground floor area of all buildings on a lot expressed as a percentage of the horizontally projected area representing the bulk and mass on the lot.

LOT DEPTH: The mean horizontal distance measured from the Front Lot Line to the Rear Lot Line, measured in the general direction of the Side Lot Line.

LOT, DEVELOPED: A lot upon which improvements have been made or is otherwise being used for human purposes.

LOT, FLAG: A lot not meeting the minimum frontage requirements and where access to the public road is by a narrow private right-of-way or driveway.

LOT FRONTAGE: The frontage of a lot shall be construed to be the portion adjacent to street right-of-way. For the purpose of determining setback and other lot requirements on corner lots and through lots, all sides of a lot adjacent to street right-of-way shall be considered frontage.

LOT FRONTAGE, MINIMUM: The minimum length for each lot frontage, which shall be measured between side lot lines at the street right-of-way or private street easement.

LOT, INTERIOR: Any lot which is not a corner lot or through lot.

LOT, IRREGULAR: A lot that is characterized by elongations, angles, shapes, and/or configuration that is inconsistent with the topography, street systems, other lots, and other features of the area in which it is located.

LOT LINE: The property lines defining the legal boundary of a lot.

LOT LINE, FRONT: The line separating a lot from the adjacent street right-of-way on which the lot fronts. For a corner lot, the line marking the boundary between the lot and each of the abutting street rights-of-way.

LOT LINE, REAR: The Lot Line opposite and most distant from the Front Lot Line. In the case of an irregular or triangular-shaped lot, and for the purposes of determining any setback measured from the rear lot line, the rear lot line shall be an imaginary line at least ten (10) feet in length within the lot, parallel to and at the maximum distance from the Front Lot Line.

LOT LINE, SIDE: Any Lot Line other than a Front Lot Line or Rear Lot Line.

LOT, MINIMUM AREA OF: The smallest lot area established by this Ordinance on which a use or structure may be located in a particular district, and which does not include any street right-of-way.

LOT, NONCONFORMING: see "Nonconforming Use, Lot, Structure (Legal)" and "Nonconforming Use, Lot, Structure (Illegal)"

LOT OF RECORD: A lot which is part of a subdivision recorded in the Office of the County Recorder; or a lot or parcel described by metes and bounds, the description of which has been so recorded; or a parcel of land, the deed to which has been recorded in the Office of the County Recorder prior to the date of passage of this Ordinance.

LOT, REVERSED FRONTAGE: A lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.

LOT SIZE, MINIMUM: The smallest area established by this Ordinance on which a use, structure or building may be located in a particular district and which does not include any street right-of-way.

LOT, THOUGH: A lot other than a corner lot having frontage on two (2) or more non-intersecting streets. Also referred to as Double Frontage Lot.

LOT, UNDEVELOPED: A lot of record upon which no improvements exist.

LOT WIDTH: The horizontal distance between the side property lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the front setback line. Lot width on cul-de-sac lots and other lots with curving frontages is measured as a line parallel to the frontage and at the front setback line.

LOT WIDTH, MINIMUM: This refers to the minimum width a lot must have in order to be considered developable by this Ordinance.

LUMINAIRE: A complete lighting unit consisting of a light source and all necessary mechanical, electrical, and decorative parts.

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MAINTENANCE GUARANTEE: Any security which may be required and accepted by Villa Rica City Council to assure that necessary improvements will function as required for a specific period of time.

MANEUVERING AISLE: A maneuvering space which serves two or more parking spaces, such as the area between two rows of parking spaces and/or the driveway leading to those spaces.

MANEUVERING SPACE: An open space in a parking area which is immediately adjacent to a parking space; is used for and/or is necessary for turning, backing or driving forward a motor vehicle into said parking space; but is not used for the parking or storage of motor vehicles.

MANUFACTURED HOME PARK: A parcel or contiguous parcels of land containing two (2) or more dwelling sites, with required improvements and utilities, that are either sold or leased for long term placement of Manufactured Home Dwellings. A Manufactured Home Park does not involve sales of Manufactured Home Dwellings in which unoccupied units are parked for inspection or sale.

MANUFACTURING, HEAVY: A use engaged in the processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions which would generate objectionable or hazardous elements such as: heat, smoke, odor, vibration, water pollution, electromagnetic disturbances, radiation or dust.

MANUFACTURING, LIGHT: Manufacturing or other industrial uses which are controlled operations; relatively clean, quiet and free of objectionable or hazardous elements such as smoke, noise, odor, or dust; operating and storing within enclosed structures; and generating little industrial traffic and no nuisance.

MASONRY: Construction material that consists of brick, stone, tile, rock, granite, marble, or other built-up panels of these materials, or molded concrete that is held together with mortar, as long as the molded concrete does not make up a continuous wall section.

MASSING: The shape and form a building takes on through architectural design. There are ten (10) architectural design elements that create urban space;

1)

building silhouette (similar pitch and scale to a roof line),

2)

spacing between building facades (setbacks or notches between primary facades that frame the structure),

3)

setback from property line (building setback and/or primary facade setback from the property line),

4)

proportion of windows, bays, and doorways (vertical or horizontal elements tied together in bands across facade lengths),

5)

proportion of primary facade (size of facades similar in area and height to width ratios),

6)

location and treatment of entryway (important visual commonality between structures),

7)

exterior materials used (similar materials and treatment add to detail and monumentality of a building),

8)

building scale (similarity of building height and configuration),

9)

landscaping (ties together buildings and defines space), and

10)

shadow patterns form decorative features (the light and dark surfaces from materials used and projections from windows, bays, and setbacks create visual breaks). A specific project may not need to incorporate all ten (10) elements.

MECHANICAL EQUIPMENT: Equipment installed for a use appurtenant to the principal use. Such equipment may include heating and air conditioning equipment, solar collectors, parabolic antennas, and power generating devices.

MEDIAN: An area in the approximate center of a city street or state highway that is used to separate the directional flow of traffic, may contain left-turn lanes, and is demarcated by curb and guttering, having painted or thermally applied stripes or other means of distinguishing it from the portion of the roadway used for through traffic.

MEDICAL CANNABIS DISPENSARIES: Any establishment registered with the state of Georgia and Licensed to Dispense Cannabis for Medical Use or low THC oil in accordance with Georgia state law.

METES AND BOUNDS: A description of land prepared by a state-registered land surveyor providing measured distances and courses from known or established points on the surface of the earth.

MIXED-USE DEVELOPMENT: An area, parcel of land, or structure developed in a compact urban form for two (2) or more different, principal land uses, at least two (2) of which must be from separate use categories such as but not limited to residential, office, retail, service, public, light manufacturing, or entertainment, and planned as a unified complementary whole, and functionally integrated to the use of shared vehicular and pedestrian access and parking areas.

MIXED USE STRUCTURE: A building or structure which includes two (2) or more principal, compatible uses, at least two (2) of which must be from separate use categories such as but not limited to residential (not allowed on the ground floor), office, retail, service, public, light manufacturing, or entertainment, and planned as a unified complementary whole, and functionally integrated to the use of shared vehicular and pedestrian access and parking areas.

MOBILE FOOD UNIT: A self-contained vehicle, trailer or pushcart that serves prepared foods or prepares and serves food in various locations of the city.

MOBILE FOOD UNIT PARK: More than one mobile food unit (a.k.a. food truck park) located on a site larger than ¼ acre.

MODIFICATION: A specific change or lessening of the regulations established by this Ordinance that may be initiated by the Planning & Zoning Commission for a specific development in response to

1)

unique site characteristics or development patterns that justify relief from the otherwise generally applicable regulations, or

2)

an alternative development proposal deemed by the Planning & Zoning Commission to meet the intent and spirit of this Ordinance and representing a creative and desirable application of different standards.

MOTOR VEHICLE, COMMERCIAL: Any motor vehicle used or designed:

1)

for use in pulling, towing, hauling, transporting, or

2)

as a temporary or permanent base, platform, or support for equipment, machinery, materials or other goods (including but not limited to stake body trucks, dump trucks, trucks or trailers having dual rear wheels or more than two (2) axles, semi-trailer tractors, semi-trailers and trailers having dual rear wheels or more than one (1) axle or having an overall length of more than twelve (12) feet;

3)

passenger vehicles marked by signage, logos or commercial messages. This definition does not apply to motor vehicles which serve as a source of transportation for an individual residing at the premises where the vehicle is stored or parked on a regular basis and is not used in any commercial activity.

MOTOR VEHICLE IMPOUND FACILITY: A parcel of land or a building that is used for the storage of wrecked motor vehicles usually awaiting insurance adjustment or transport to a repair shop and where motor vehicles are kept for a period of time not exceeding forty-five (45) days and must remain mechanically operable and licensed at all times.

MOTOR VEHICLE, INOPERABLE: A motor vehicle which meets one (1) or more of the following conditions:

1)

a vehicle from which the engine, transmission, or differential has been removed or that is otherwise partially dismantled or inoperable and left on public property, or;

2)

a vehicle that is at least three (3) model years old, is mechanically inoperable, and is left on private property continuously in a location visible from public property for more than twenty (20) days, or;

3)

a vehicle which does not carry a current year state registration or license tag, or a vehicle that cannot be driven legally on public roads due to, but not limited to, defects in brakes, brake lights, tail lights, head lights, windshields or exhaust systems.

MOTOR VEHICLE REPAIR AND SERVICE, MAJOR: An establishment primarily engaged in the repair or maintenance of motor vehicles, trailers, and similar large mechanical equipment, including paint, body and fender, and major engine and engine part overhaul.

MOTOR VEHICLE REPAIR AND SERVICE, MINOR: An establishment primarily engaged in the repair or maintenance of motor vehicles, trailers, and similar mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune ups, and transmission work.

MOTOR VEHICLE SALES, LARGE: The sale, rental and display of new and used motor vehicles, including, but not limited to trucks, trailers, farm implements, mobile/manufactured homes, recreational vehicles, buses, boats, and heavy equipment, and similar size vehicles which have gross vehicle weights greater than ten-thousand (10,000) pounds (but not including repair work except incidental warranty repair) This does not include airplanes or aircraft.

MOTOR VEHICLE SALES, SMALL: The sale, rental and display of new and used motor vehicles, including, but not limited to, motorcycles, passenger cars, light trucks, vans, and similar size vehicles that have gross vehicle weights less than 10,000 pounds.

MOTOR VEHICLE WRECKING: The dismantling or wrecking of used motor vehicles, manufactured homes and trailers; or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

MULTIPHASE DEVELOPMENT: A development project that is constructed in stages, each stage being capable of existing independently of the others.

MULTI-TENANT BUILDING: A grouping of two (2) or more business establishments that either share common parking on the lot where they are located, or that occupy a single structure or separate structures that are physically or functionally related or attached.

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NONCONFORMING USE, LOT, STRUCTURE (Legal): A continuous use, lot, or structure which was lawful prior to the adoption, revision, or amendment of this Ordinance but which fails by reason of the adoption, revision or amendment to conform to the present requirement of the zoning district. Also applies to uses, lots, or structures which have been granted a variance from this Ordinance, and therefore does not meet the lot-specific development standards. Legal nonconforming differs from illegal nonconforming in that the reason for the nonconformance is caused by the enactment of a Zoning Ordinance or a change to a Zoning Ordinance (including the official Zoning Map). The building, structure, lot or use has not changed, but due to the Zoning Ordinance enactment or change, the property no longer conforms to the standards of the zoning district in which it is located. When this situation occurs, the property is deemed legal nonconforming or "grandfathered."

NONCONFORMING USE, LOT, STRUCTURE (Illegal): A use, lot, or structure that does not conform to the regulations of the zoning district in which it is located and was not lawful prior to the adoption, revision, or amendment of this Ordinance and was not granted a variance from this Ordinance. This applies to any use, building, structure or lot which is nonconforming, and was constructed or is being used without an approved Improvement Location Permit or approval from the City Council or Planning & Zoning Commission. An illegal nonconforming use, building, structure or lot shall be subject to actions and penalties allowed by this Ordinance and shall be altered to conform with all applicable standards and regulations of this Ordinance and all other applicable City ordinances.

NUISANCE: Operations, activities, or general use of land which is injurious to health, indecent, offensive to the senses, or an obstruction to the use of property so as to interfere with the comfortable enjoyment of life or property.

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OBJECTIONABLE ODOR: Odors that are nauseating, noxious, or generally recognized as unpleasant.

OCCUPANCY: The residing of an individual overnight in a dwelling unit; or the installation, storage or use of equipment, merchandise or machinery on the premises or in any public, commercial or industrial building; and/or the continuing use of land, building, or structures. A change in occupancy is not intended to include a change of tenants or proprietors.

OCCUPIED SPACE: The total area of earth horizontally covered by the structure, excluding garages, patios and porches and other accessory structures.

OFF-SITE: Located outside the property lines of the parcel in question.

OFFICIAL ZONING MAP: The legally adopted map showing the legally established boundaries and the zoning districts within the City as adopted by the Villa Rica City Council.

ON-SITE: Located within the property lines of the parcel in question.

OUTBUILDING: A separate accessory building or structure not physically connected to the principal building.

OUTDOOR SALES AND DISPLAY: Outdoor sales and display shall include merchandise for retail sale, whether seasonal or not.

OUTDOOR STORAGE: The storage of any materials outside the principal or accessory buildings on a property for more than twenty-four (24) hours, provided, however, that truck and/ or tractor-trailer unit parking associated with.

OUTPARCEL: A lot platted as part of a larger development that is intended for the development of uses and structures which are complementary to but of a smaller scale than the principal use or structure in the development.

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PARAPET: The portion of a wall which extends above the roof line.

PARCEL: Any legally established piece of land designated by the owner or developer as land to be used or developed as a unit, or that has been developed as a unit.

PARKING LOT: An open off-street area to be used for the storage of motor vehicles, whether free or for compensation, for limited periods of time. A parking lot includes all parking spaces, interior drives, and maneuvering areas.

PARKING, OFF-STREET: A temporary storage area for a motor vehicle, with room to open doors on both sides, that is directly accessible to an access aisle and which is not located on a dedicated street right-of-way.

PARKING, ON-STREET: A temporary storage area for a motor vehicle that is located on a dedicated street right-of-way.

PARKING, SHARED: A parking space or lot used jointly by two (2) or more uses or structures.

PARKING SPACE: A space within a public or private parking area for the storage of one (1) motor vehicle.

PARKING STRUCTURE: A structure of two or more stories, whether privately or publicly owned, used for parking.

PARTICULATE MATTER: Finely divided liquid or solid material which is discharged and carried along in the air. This shall not include water droplets, commonly called steam.

PATHWAY: A designated route for travel by pedestrians, bicycles, and other non-motorized methods of personal transportation and recreation which is surfaced with crushed rock, concrete, or asphalt and separated from streets by distance or striping.

PAVED SURFACE: A durable surface for parking, driving, riding or similar activities that utilizes asphalt, Portland cement, concrete, brick, paving blocks, pervious pavement, or similar material. Crushed gravel, street grindings, stone, rock, or dirt, sand or grass are not a paved surface.

PEDESTRIAN SCALE: The proportional relationship between the dimensions of a building or building element, street, outdoor space, or streetscape element and the average dimensions of the human body, taking into account the perceptions and walking speed of a typical pedestrian. Examples include ornamental lighting no higher than twelve (12) feet; bricks, pavers, or other paving modules with small dimensions; a variety of planting and landscaping materials; arcades or awnings that reduce the perception of the height of walls; and signage and signpost details designed for viewing from a short distance. The use of a pedestrian scale can imbue occupants and users of the built environment with a sense of comfort and security.

PERFORMANCE GUARANTEE: An agreement by a developer with the City for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the developer's agreement.

Personal Care Home: A residence providing the protective care of residents who do not require chronic or convalescent medical or nursing care. Personal care involves responsibility for safety of the resident while inside the building and may include daily awareness by the management of the residents functioning and whereabouts, making and reminding a resident of appointments, the ability and readiness for intervention in the event of a resident experiencing a crisis, supervision in the areas of nutrition and medication, and the actual provision of transient medical care.

1)

Personal Care Home, Congregate: Means a home for adults which offers care to sixteen (16) or more persons

2)

Personal Care Home, Group: Means a home for adult persons in a residence or other type building(s), non-institutional in character and appearance, which offers care to seven (7) through sixteen (16) persons.

3)

Personal Care Home, Family. A home for adults in a family type residence, no institutional in character an appearance, which offers care to two through six persons.

PERSONAL SERVICE: Any enterprise conducted for gain which primarily offers services to the general public such as a health club, fitness facility, barber shops, beauty parlors, nail salons, and similar activities but excluding sexually oriented business.

PERVIOUS PAVEMENT: A hard surface that presents an opportunity for precipitation to infiltrate into the ground.

PERVIOUS SURFACE: A surface that presents an opportunity for precipitation to infiltrate into the ground.

PETITIONER: Any person who formally makes a request before the Planning & Zoning Commission or City Council consistent with the processes and requirements of this Ordinance.

PLACE OF WORSHIP: The use of a building and/or property by a non-profit group/congregation of people who regularly attend, participate in, or hold religious services, meetings and other activities, including incidental uses commonly associated with such a facility, such as a daycare center or school. Place of worship includes church, synagogue, temple, mosque or any other like facility used for worship and religious activities.

PLANNED UNIT DEVELOPMENT: A large-scale unified development meeting the requirements of this Ordinance. Generally a planned unit development consists of a parcel or parcels of land, controlled by a single person, to be developed as a single entity, containing a single type of land use or a combination of land uses including but not limited to single-family residential, multi-family residential, public, quasi-public, commercial or industrial uses, which does not correspond in size of lots, bulk or type of buildings, density, lot coverage, and required open space to the regulations established in any zoning district of this Ordinance.

PLANTING SEASON: The spring and fall time periods during which new plant material which is installed is most likely to survive the planting process. Generally, these periods are from April 15 ^th to June 15 ^th in the spring and from October 15 ^th to November 15 ^th in the fall.

PLAT, FINAL: The final map of all or a portion of a subdivision or Development Plan that contains all information or detail required by law and by these regulations, and is presented to the proper review authority for final approval.

PLAT, PRELIMINARY: An initial map of a subdivision of land or Development Plan that is presented to the proper review authority for preliminary approval.

PORCH: A covered, but otherwise unenclosed structure projecting out from the wall or walls of a main structure.

PRACTICAL DIFFICULTY: A difficulty with regard to one's ability to improve land stemming from regulations of this Ordinance. A practical difficulty is not a "hardship," rather it is a situation where the owner could comply with the regulations within the Zoning Ordinance, but would like a variance from the Development Standards to improve his/her site in a practical manner. For instance, a person may request a variance from a side setback due to a large tree which is blocking the only location that would meet the Development Standards for a new garage location.

PRELIMINARY APPROVAL: An approval (or approval with conditions) granted to a subdivision or Development Plan indicating that it has determined after a public hearing that the proposal complies with the standards prescribed in this Ordinance.

PUBLIC HEARING: A formal meeting, announced and advertised in advance consistent with the requirements of this Ordinance, which is open to the public, and at which members of the public have an opportunity to participate.

PUBLIC IMPROVEMENT: Any drainage ditch, street, highway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement, or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established.

PUBLIC SAFETY AND NUISANCE: Anything which is injurious to the safety or health of an entire community, neighborhood or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

PUBLIC USE: Public parks, schools and administrative and cultural structures not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.

PUBLIC WAY: An alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway, right-of-way, road, sidewalk, street, subway, tunnel, viaduct, walk or other ways in which the general public or a public entity have a right, or which are dedicated, whether improved or not.

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QUARRY: A lot or any part of a lot used for the extracting of stone, sand, gravel, or any other material to be processed for commercial purposes.

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RECORD: The written documentation of the actions and expressions of a public body, such as the Planning & Zoning Commission or City Council.

RECREATION, ACTIVE: Leisure activities, usually performed with others, often requiring equipment and taking place at prescribed places, sites, and fields. Activities include, but are not limited to, swimming, tennis, and other court games, baseball and other field sports, and playground activities.

RECREATION, PASSIVE: The use of unimproved land, in its natural state, which provides for a variety of activities for the outdoor exercise and activity needs of the community. Passive recreation areas shall include, but are not limited to: unimproved backpacking trails, unimproved hiking trails, riding stables, primitive camping areas, canoeing and rafting areas.

RECREATIONAL VEHICLE: A vehicle which is

1)

built on a single chassis;

2)

four-hundred (400) square feet or less when measured at the largest horizontal projection;

3)

designed to be self-propelled or permanently towable by a light duty truck; and

4)

designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational camping, travel, or seasonal use. Recreational vehicles include pick-up truck coaches, motorized homes, boats, travel trailers, snow mobiles, and camping trailers not meeting the definition of a manufactured or mobile home.

RECYCLABLE MATERIAL: Any material that can be converted into a raw material for use in a manufacturing process. Recyclable materials include but are not limited to glass, metal and plastic containers and paper products.

REPAIR SERVICES: Establishments that provide repair services to individuals and households, rather than businesses, not including automotive and equipment repair. Typically, such services include the repair of appliances, watches, jewelry, and musical instruments.

REPLAT (or Re-subdivision): Any change in a recorded plat which does not result in the creation of additional lots. It may include all or any part of a previous subdivision or plat. A replat shall be considered an Administrative Subdivision, provided no new streets or utility expansions are required.

RESEARCH ACTIVITY AND TESTING LABORATORY: Research, development and testing related to such fields as chemicals, pharmaceutical, medical, electrical, transportation and engineering. All research, testing and development, whether conducted within or outside of buildings shall create no noise, smoke, glare, vibration or odor which can be detected outside of the buildings or property line A research and testing laboratory shall mean a building in which scientific research, investigation, testing or experimentation is conducted, but not including the manufacturing or sale of products, except as incidental and accessory to the main purpose of the laboratory.

RESTAURANT: An establishment with or without table service whose principal business is the selling of unpackaged food and beverages to the customer in a ready-to-consume state, in individual servings or in non-disposable containers regardless of whether consumption is on or off the premises.

RESTAURANT, DRIVE-IN: A facility, including a building and adjoining parking area, the primary function of which is selling food to the public by order from and service to passengers in vehicles parked outside of the structure. Drive-in restaurants may also provide seating inside of the building.

RESTAURANT, FAST-FOOD: An establishment whose principal business is the sale of already prepared or rapidly prepared food, in disposable containers, directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off-premises. Orders are generally not taken at the customer's table, and food is generally served in disposable wrapping or containers.

RETIREMENT FACILITY: A residential complex containing multifamily dwellings designed for and occupied by senior citizens (persons sixty (60) years of age or older, or couples where either the husband or wife is sixty (60) years of age or older). Such facilities may include a common gathering and dining facilities, but exclude nursing care.

REZONING: An amendment to the official Zoning Map which has the affecting of removing property from one zoning district and placing it in a different zoning district.

RIGHT-OF-WAY (R.O.W.): A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric distribution or transmission line, telephone line, oil or gas pipeline, water line, sanitary or storm sewer and other similar uses.

RIGHT-OF-WAY LINE: The limit of publicly owned land encompassing a public facility, such as a street or an alley.

RINGELMANN NUMBER: The number of the area on the Ringelmann Chart that most nearly matches the light-obscuring capacity of smoke. The Ringelmann Chart is published by the U.S. Bureau of Mines, and it illustrates graduated shades of gray for use in estimating smoke density. Smoke below the density of Ringelmann No. I shall be considered no smoke, or Ringelmann "0."

Roadside Stand: A structure not permanently fixed to the ground that is readily removable in its entirety, covered or uncovered and not wholly enclosed, and used for display and sale of products grown or produced on or off site. Sales are conducted on a temporary or seasonal basis.

RUNOFF: The surface water discharge or rate of discharge of a given watershed after a fall of rain or snow that does not enter the soil but runs off the surface of the land.

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SALES, INCIDENTAL: Sales that are related and subordinate to the primary service or retail activities of a commercial use.

SALES, TEMPORARY/SEASONAL: Facilities that are indoor or outdoor and operate on a temporary basis for the sale of seasonal fruits and vegetables, fireworks, Christmas trees, and/or other holiday, event, or season related products.

SALVAGE YARD: A facility or area for storing, selling, keeping, dismantling, shredding, compressing or salvaging scrap or discarded material or equipment. Scrap or discarded materials shall include, but are not limited to: metal, paper, rags, tires, bottles, motor vehicles, motor vehicle parts, machinery, structural steel, equipment and appliances.

SATELLITE DISH/ANTENNA: An apparatus capable of receiving communications from a transmitter relay located in a planetary orbit or broadcasted signals from transmitting towers.

SCREENING STRIP: A strip of land to be used as a planting strip on which shall be placed evergreen, hedge, shrubbery or other planting materials maintained in a neat and orderly manner for the purpose of limiting visibility.

SECONDARY APPROVAL: An approval by the official designated by the Planning & Zoning Commission indicating that all conditions of Preliminary Approval have been met.

SETBACK LINE: A line indicating the minimum horizontal distance between the right-of-way of any street, or the property line of the side and rear yards, and a part of any structure regardless of whether it is the front, side, or rear of the building. It is an imaginary line established by this Ordinance that requires all buildings to be set back a certain distance from the property lines. The line is generally parallel with and measured from the appropriate Lot Line (front, side, or rear).

SETBACK, FRONT: The horizontal space between the right-of-way lines as established by the current Thoroughfare Plan and the Front Setback Line, extending to the side lines of the lot, generally parallel with and measured from the front lot line, defining the area in which no building or structure may be located above ground, except as may be provided in this Ordinance. The front setback applies to all frontages of a lot facing a street or right-of-way. The setback is usually based on the classification of the road on which the building is located, as determined by theTransportation Element of the Carroll or Douglas County Comprehensive Plan.

SETBACK, REAR: The horizontal space between the Rear Lot Line and the Rear Setback Line, extending to the side lines of the lot, generally parallel with and measured from the rear lot line, defining the area in which no building or structure may be located above ground, except as may be provided in this Ordinance. For through lots, the rear of the structure facing a street shall meet front setback requirements. Rear Setbacks for Corner Lots will apply to the portion of the lot that is furthest in the opposite direction of the general orientation of the structure.

SETBACK, SIDE: The horizontal space between the Side Lot Lines and the Side Setback Lines, extending to the Front and Rear Lot Lines, generally parallel with and measured from each side lot line, defining the area in which no building or structure may be located above ground, except as may be provided in this Ordinance. However, for corner and through lots, any side of a structure that faces a street shall meet front setback requirements.

SHRUB, ORNAMENTAL: A shrub planted primarily for its ornamental and screening value, not to be confused with a perennial.

SIDE YARD SEPARATION: The sum of the distance of the horizontal space between a foundation and side Lot Line, plus the horizontal space between the foundation and shared side Lot Line of the structure on the immediately adjacent lot.

SIDEWALK: A paved surfaced or leveled area, usually parallel to and separate from the street, used as a pedestrian walkway.

SIGHT VISIBILITY TRIANGLE: Triangular shaped areas on each corner of an intersection that are looked through by drivers approaching or departing an intersection to view oncoming vehicular/pedestrian/etc. traffic on crossing streets and roadways.

SLOPE: The face of an embankment or cut section. Any ground whose surface makes an angle with the plane of the horizon. Slopes are usually expressed in a percentage based upon vertical difference in feet per one-hundred (100) feet of horizontal distance.

SMOKE UNIT: The number obtained when the smoke density in Ringelmann number is multiplied by the time of emission in minutes. For the purpose of this calculation, a Ringelmann density reading shall be made at least once a minute during the period of observation; each reading is then multiplied by the time in minutes during which it is observed. The various products are then added together to give the total number of smoke units observed during the entire observation period.

SOLID WASTE COLLECTION FACILITY: Establishments that

1)

collect or haul hazardous waste, non-hazardous waste, or recyclable materials within a locale area; and

2)

operate hazardous or nonhazardous waste transfer stations. Waste collection establishments may be responsible for the identification, treatment, packaging, and labeling of waste for the purposes of transport.

SPECIAL EXCEPTION: A special use, that is a use not permitted in a particular district except by a special use permit granted under the provisions of this Chapter and any zoning ordinances adopted herewith.

SPOT ZONING: The zoning of a typically small area of land controlled by a single or limited number of property owners that results in the property involved being granted permitted uses and/or development standards that are inconsistent with those provided to, or planned for, similar surrounding properties.

STOP-WORK ORDER: A written document issued by an enforcement official which requires the cessation of an activity.

STORAGE FACILITY, SELF-SERVICE: A building or group of buildings in a controlled access environment that contains varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the temporary storage of customer's goods or wares.

STORAGE, SEMI-TRACTOR/TRAILER: The storage of any vehicle without motive power designed to be coupled with or drawn by a motor vehicle and constructed so that some part of its weight and that of its load rests upon or is carried by another vehicle.

STORY: The part of a building between the surface of a floor and the ceiling immediately above, or if there is no floor above, then the space between such floor and the ceiling or roof above. Unless otherwise defined, this distance shall be set at eight (8) feet. For the purpose of this Ordinance, a basement shall not be considered a story unless it has been subdivided into rooms and used for tenant purpose.

STREET, HALF: A street for which only half of the required right-of-way and/or pavement width has been provided.

STREET (or Alley) IMPROVEMENT: Shall mean the construction of a street or alley to its full thickness, commencing at the subgrade according to the specifications contained in this Ordinance. The placing of a new surface over an existing paved or closed surface street or alley shall not be considered as an improvement but as maintenance.

STREET INTERSECTING: Any street that joins another street at an angle, whether or not it crosses the other street.

STREET INTERSECTION: The point of crossing or meeting of two (2) or more streets.

STREET, NON-RESIDENTIAL: Any street where the principal land use of the lots which the street provides access to, as well as the lots on either side of the street is not residential.

STREET ORIENTATION: The direction of the architectural front facade of a building in relation to the street.

STREET, PRIVATE: A privately maintained thoroughfare which affords principal means of vehicular access to more than one (1) abutting property or dwelling unit, and which has not been dedicated to the public, or subject to public easements.

STREET, PUBLIC: A public thoroughfare which has been dedicated to the public use and accepted and maintained by the City, affording the principal means of access to abutting property and which has been identified and defined in the Transportation Element of the Villa Rica Comprehensive Plan as:

1)

Interstate

2)

Urban Principal Arterial

3)

Rural Principal Arterial

4)

Urban Minor Arterial

5)

Rural Minor Arterial

6)

Urban Collector

7)

Rural Collector

8)

Local Road

Figure 13.01: State Functional Classification Map (https://itos.maps.arcgis.com) 2020

STREET RIGHT-OF-WAY LINE: A dividing line between a lot, tract or parcel of land and a contiguous street. Where the lot, tract or parcel of land has been conveyed to the center of the street, the street right-of-way line then becomes the inside line of land reserved for street purposes.

STRUCTURAL ALTERATION: Any change in the supporting members of a building or structure, such as bearing walls or partitions, columns, beams, foundations or girders, or any increase in the area or cubical contents of the building or structure. Also, substantial roofing and siding work when repairs are made to the structure beneath.

STRUCTURE: Any object constructed or installed by man, including but without limitation, buildings, towers, smokestacks and overhead transmission lines.

STRUCTURE, ACCESSORY (APPURTENANT STRUCTURE): A structure that is subordinate and incidental to a principal structure in area, intent, and/or purpose; contributes to the comfort, convenience, or necessity of occupants of the principal structure; does not alter or change the character of the property; and is located on the same lot as the principal structure. Accessory structures should constitute a minimal initial investment, may not be used for human habitation, and be designed to have minimal flood damage potential. Examples of accessory structures are billboards, detached garages, carports, storage sheds, pole barns, and hay sheds.

STRUCTURE, PRINCIPAL: The building or structure in which the principal use of the lot or premises is located or conducted. With respect to residential uses, the principal building or structure shall be the main dwelling. For agricultural uses, the principal structure may be a barn or other agricultural structure.

SUBDIVISION: The division of a parcel of land into two (2) or more lots, parcels, sites, units, plats, or for the purpose of sale, lease, or development, either on the installment plan or upon any and all other plans, terms, and conditions, including re-subdivision. Subdivision includes the division and development of land opened for residential and non-residential uses, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat, or other recorded instrument. The following kinds of division of existing parcels of land are exempt from the Villa Rica Subdivision Ordinance:

1)

A tract, which is at least twenty (20) acres in size;

2)

A division of land for the sale or exchange of tracts to correct errors in an existing legal description, provided that no additional building sites other than for accessory buildings and/or structures are created by the division;

3)

A division of land for the acquisition of street right-of-way or easement;

4)

A division of land for the sale or exchange of tracts between adjoining land owners, provided no additional building sites other than for accessory buildings and/or structures are created by the division;

5)

A division of land into cemetery plots for the purpose of burial of corpses;

6)

A division of land to be subdivided for agricultural use only, provided that no additional building sites are created by this division; and a division of land containing a minimum of one (1) acre of lot area and having ever been located on such lot the principal residence.

SUBDIVISION, EXEMPT: A subdivision of a parent tract of land for the purpose of splitting off an existing legally conforming residence and accessory structures, provided that (1) the new residential parcel meets all current development standards applicable to a residential parcel in the relevant zoning district, and (2) the remaining parent parcel is at least twenty (20) acres in size.

SUBDIVISION, MAJOR: All subdivisions not classified as minor subdivisions and resulting in the creation of more than three (3) lots, including but not limited to subdivisions requiring any new street or extension of utilities or the creation of any public improvements.

SUBDIVISION, MINOR: The subdivision of a parent parcel into any combination of not more than three (3) contiguous or non-contiguous new residential, commercial, or industrial building sites whether at the same time or over the course of time, and which does not involve the construction or extension of public or private streets or utilities. The parcel shall front upon an existing street which is an improved right-of-way maintained by the City or other governmental entity and not involve any new street.

SUBDIVISION, MINOR RESIDENTIAL: The subdivision of a parent tract into one (1) new residential building site, and a remainder, which does not involve the construction or extension of public or private streets, or under the standards set forth in this Ordinance, does not involve substantial improvement or realignment of any existing city, county, or state road. To qualify as a minor residential subdivision, the proposal must meet all of the conditions set forth in this Ordinance for minor residential subdivisions.

SUBSTANTIAL DAMAGE: Substantial Damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50%) percent of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50%) percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage" or repetitive loss regardless of the actual repair work performed. The term does not include improvements of structures to correct existing violations of state or local health, sanitary, or safety code requirements or any alterations of a "historic structure," provided that the alteration will not preclude the structures continued designation as a "historic structure."

SURETY: An amount of money or other negotiable instrument provided by a developer to the City which guarantees that they will perform all actions required by the City regarding an approved site Development Plan, plat, or other improvement, which provides that if the developer fails to comply with the requirements of approval, funds will be provided for the City to complete those requirements.

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TECHNICAL ADVISORY COMMITTEE (TAC): A committee established by the City of Villa Rica to assist with the technical evaluation of subdivisions and Development Plans by reviewing sketch plats, and to make appropriate technical recommendations to the developer, Planning & Zoning Commission, or other City departments. The TAC includes the Departments of Community Development, Public Works, City Manager, and Public Safety officials where applicable, and may seek additional outside consultation in the evaluation of a development application.

TECHNICAL REVIEW: A process prior to Development Plan approval in which detailed technical information pertaining to all applicable local building, fire and City and County Codes are presented to and reviewed by the City for conformance.

TECHNOLOGY PARK OVERLAY DISTRICT (TPOD): The Technology Park Overlay District (TPOD) is a planning tool used as a special zoning of an area that is growing and guided to support technology businesses to include their infrastructure needs. The Technology Park Overlay District is established for the development of higher echelon technology and business development seeking to develop separate facilities for management headquarters, data centers, training areas, low-impact light manufacturing, motion picture, television and other multi-media production research and development operations and offices to name a few.

TELECOMMUNICATIONS ANTENNA: Any structure or device, including all appurtenances, used for the purpose of collecting or radiating electromagnetic waves, including those used to transmit cellular telephone service, data, radio and television signals, and any other information.

TEMPORARY STRUCTURE: A structure without any foundation or footings and which is removed when the designated time period, activity or use for which the temporary structure was erected has ceased.

TIMBER, HARVESTING: The cutting and removal of trees from their growing site, and the attendant operation of cutting and skidding machinery but no the construction or creation of roads. Timber harvesting does not include the clearing of land for construction approved under this Ordinance.

TOPOGRAPHY: The configuration of the earth's surface, including the relative relief, elevations, and position of land features.

TOWER: A ground pole, spire, structure, or combination thereof including supporting lines, cables, wires, braces, and masts intended primarily for the purpose of mounting an antenna, a meteorological device, or other similar apparatus above ground.

TOWNHOUSE: A single-family dwelling with a private entrance that is attached horizontally to other dwelling units in a linear arrangement, with a front and a rear wall that are totally exposed for light, access, and ventilation.

TRACT: A unit, or contiguous units, of land under single ownership.

TRAFFIC CALMING: Methods of reducing the negative impact of vehicles on surrounding land uses and other methods of personal transportation through street design that decreases the speed of vehicles and provides increased space and comfort for pedestrians.

TRAIL: A public way, separate from a street, alley, or other vehicle roadway, designed for and used by pedestrians, cyclists, and others using non-motorized transportation and recreation equipment.

TRANSFER STATION: A facility that receives and temporarily stores solid waste as defined by this Ordinance at a location other than the generation site, and which facilitates the transfer of accumulated solid waste to another facility for further processing or disposal. This term includes any solid waste handling facility, but does not include recovered materials processing facilities, nor portable storage containers used for the collection of municipal solid waste.

TREE, BROADLEAF: Trees having non-needle like leaves.

TREE, DECIDUOUS: Trees and shrubs that shed their leaves annually.

TREE, EVERGREEN: Trees and shrubs that do not shed their leaves annually.

TREE, ORNAMENTAL: A deciduous tree possessing qualities such as flowers or fruit, attractive foliage, bark or shape, with a mature height generally under forty (40) feet.

TREE, PROHIBITED: A tree, as listed in this Ordinance that does not meet site-landscaping or performance standard requirements.

TREE, SHADE: A deciduous tree planted primarily for its high crown of foliage or overhead canopy.

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UNDEVELOPED LAND: Land in its natural state before development. Also known as unimproved land.

USE: The purpose of which land, building, or structure thereon is designed, arranged, or intended, or for which it is occupied, maintained, let, or leased. In the classification of uses, a "use" may be a use as commonly understood or the name of an occupation, business, activity or operation carried on, or intended to be carried on in a building or on premises, or the name of a building, place or thing which name indicates the use or intended use.

USE, ACCESSORY: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, in terms of size, intent, and/or purpose, the principal use or structure, and does not alter or change the character of the property.

USE CATEGORY: A group of similar use types that are associated with each other to such an extent that they are grouped together for the purpose of identifying land uses by this Ordinance, such as retail uses, office uses, personal service uses, and general industrial production.

USE, CHANGE OF: The discontinuation of the specific principal use of a lot or structure and the replacement of that use with a different specific use.

USE, EXISTING: The use of a lot or structure present at the time of the enactment of this Ordinance.

USE, ILLEGAL: Any use that is neither legal nonconforming or permitted by right or special exception in the zoning district in which it is located as defined by this Ordinance.

USE, PERMITTED: Any use listed as a permitted use in this Ordinance or which is an accessory or temporary use associated with a permitted use for the zoning district in which it is located.

USE PETITION (ALSO LAND USE PETITION): A rezoning petition, variance petition, special exception petition, or any other petition permitted by rules of procedure adopted by the Planning & Zoning Commission.

USE, PRINCIPAL: The primary or predominant use of land or structures, as distinguished from an accessory use. A principal use may be either a permitted use or a special exception.

USE, SPECIAL EXCEPTION: Uses that, because of potential incompatibility and negative impact on the immediate neighborhood, require a greater degree of scrutiny and review of site characteristics and impacts to determine their suitability in a given location. Special exception uses are permitted only following approval by the City Council.

USE, TEMPORARY: A land use or structure established for a limited and fixed period of time with the intent to discontinue such use upon the expiration of the time period.

UTILITY SUBSTATION: A building or structure used for the distribution or transmission of utilities such as water, gas, electricity, or sewer.

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VAPE OR VAPE JUICE: Refers to any liquid that contains compounds containing pharmaceutical grade vegetable glycerin, propylene glycol, nicotine, food grade flavoring, or water, and can be used for vaping by means of an alternative nicotine product.

VAPE SHOP: Any business whose principal product line for retail sale is alternative nicotine products, vape juice or vape products. For the purposes of this chapter, "principal" shall mean that alternative nicotine products, vape juice or vape products constitute at least 25 percent of the business's aggregate retail sales. (For the purposes of this chapter, "principal" shall be defined as alternative nicotine products, vape juice, or vape-related products occupying at least 50% of a business's total display area.)

VAPING PRODUCTS: Refers to any products or devices that employ an electronic heating element, power source, electronic circuit, battery, or other electronic, chemical, or mechanical means to produce a vapor that delivers nicotine, synthetics, or illegal substances to the person inhaling from the device, including electronic cigarettes, electronic cigars, electronic hookahs, electronic bongs and electronic pipes, whether manufactured, distributed, marketed, or sold as an electronic cigarette, electronic cigar or electronic pipe. This definition shall not apply to medical treatments prescribed or administered by medical professionals to reduce inflammation in the bronchial airways. This definition shall include vape juice.

VARIANCE: A grant of relief from the requirements (development standards such as height, bulk, area, etc.) of this Ordinance, which permits construction in a manner otherwise prohibited by this Ordinance, where the modification will not be contrary to the public interest, and where owing to conditions peculiar to the property and not a result of action of the applicant, a literal enforcement of the regulations would result in a practical difficulty or an unnecessary hardship.

VERTICAL FOOTCANDLES: The amount of light striking a vertical plane or surface.

VESTED RIGHT: A right that has become fixed and cannot be revoked by subsequent changes of applicable regulations.

VICINITY MAP: A drawing located on a plat which shows by dimensions or other means, the relationship of the proposed subdivision or use to other nearby developments or landmarks and community facilities and services within the City of Villa Rica in order to better locate and orient the area in question.

VIOLATION: The failure of a structure or other development to be fully compliant with this Ordinance. A structure or other development without the elevation, other certification, or other evidence of compliance required in this Ordinance is presumed to be in violation until such time as that documentation is provided.

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WALKWAY/BIKEWAY: A dedicated public way, four (4) feet or more in width, for pedestrian or bike use, whether along the side of a road or not.

WAREHOUSE: A use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment, and not involved in manufacturing or production.

WATER SYSTEM, CENTRAL: A system where individual lots are connected to a common water distribution system whether publicly or privately owned and operated.

WHOLESALE FACILITY: An establishment or place of business primarily engaged in selling and/or distributing merchandise to retailers, to industrial, commercial, institutional, or professional business users, or to other wholesalers.

WIDTH, LIVING AREA FACADE MINIMUM: The minimum width required for the front facade of a residential structure, exclusive of garages, porches, decks, or terraces. This requirement may apply to a continuous facade for multi-family or single-family attached units.

WINE AND CRAFT BEER BOUTIQUE: An establishment selling Georgia wine products and other fine wines and craft beer under a limited pouring license by the taste, drink, original package or growler for the purposes of promoting tourism in certain designated areas of the city.

WIRELESS TELECOMMUNICATIONS FACILITY: A tract, lot or parcel of land that contains the cellular or wireless communications tower, antenna, support structure(s), parking and any other uses associated with and ancillary to cellular or wireless communications transmission.

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YARD: A space on a lot that is open, unoccupied and unobstructed other than by steps, walks, terraces, driveways, lamp posts and similar structures. Front, side, and rear yards shall be considered those yards that exist in the space between the structure or applicable facade (front, side, or rear) and the applicable lot line (front, side, or rear).

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ZERO LOT LINE: The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a Lot Line.

ZONING DISTRICT: An area within the Villa Rica Planning & Zoning Commission's jurisdiction for which uniform regulations governing the use, height, area, size, intensity of use of buildings and land, and open spaces about buildings, are herein established.

ZONING INSPECTOR: The Planning and Building Director or the duly appointed administrative officer designated to administer the Zoning Ordinance.

(Ord. of 1-14-2025; Ord. of 2-11-2025; Ord. of 6-10-2025, § 1)