RULES AND DEFINITIONS
In the construction of this chapter, the rules contained in this article shall be observed and applied, except when the context clearly indicates otherwise:
(1)
Terms used in the present tense include the future tense.
(2)
Terms used in the singular number include the plural number and words used in the plural include the singular.
(3)
The term "shall" is mandatory and not discretionary.
(4)
The term "may" is permissive.
(5)
The term "building" includes the term "structure" and every kind regardless of similarity to building.
(6)
The term "erected" includes the term "constructed," "moved," "located," or "relocated."
(7)
The term "lot" includes the term "plot" or "parcel."
(8)
The term "map" or "zoning map" means the Zoning Map.
(9)
The term "person" includes the terms "individual," "firms," "partnerships," "corporations," "associations," "governmental bodies," and all other legal entities.
(10)
The term "used" or "occupied" includes the term "intended, arranged or designed to be used or occupied."
(11)
The masculine gender includes the feminine and neuter.
(12)
All measured quantities shall be to the nearest integral unit of measure, and if a fraction is one-half or greater, the next highest integral unit shall be used.
(13)
Where requirements are set based on number of days, days are computed based on the calendar, except that when the final date falls on a weekend or holiday, the day due shall continue until the next regular working day.
For the purpose of this chapter, certain words or terms are defined as indicated in this article. These definitions and all other provisions of this chapter are subject to the rules of interpretation as listed in section 28-68. Any words or terms not herein defined shall be as defined elsewhere in this chapter or, if not defined elsewhere in the ordinance, as defined in Webster's New World Dictionary of the American Language, Second College Edition, the said definition to be read in context with the purposes and provision of the part of the ordinance it is being used to define.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Accessory structure means a structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or occupied. See Figure 1. Accessory Structure.
Accessory structure or accessory use means a use of land or of a building, or portion thereof, customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.
Alley means a service way providing a secondary means of public access to abutting property and not intended for general traffic circulation.
Alternative tower structure means manmade trees, clock towers, bell steeples, light poles, and similar alternative-design mounting structures that camouflage or conceal the presence of towers or antennas.
Animal hospital means a building used for the treatment, housing or boarding of small domestic animals such as dogs, cats, rabbits, and birds or fowl by a veterinarian.
Animal husbandry means the production of animals (livestock) and/or the byproduct thereof. The term does not include dogs and cats.
Animal quarters means any structures which surround or are used to shelter, care for, house, feed, exercise, train, exhibit, display, or show any animals, other than fenced pasture land for grazing.
Antenna means any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves.
Berm means a mound of earth, or the act of pushing earth into a mound. See Figure 2. Buffer.
Billboard. See Sign, billboard.
Boardinghouse means a dwelling other than a hotel, where for compensation and by prearrangement for definite periods, meals or lodging and meals, are provided for three or more persons.
Buffer means a portion of lot set aside for open space and/or screening purpose, to shield or block noise, light, glare, or visual or other nuisances, to block physical passage to dangerous areas; or to reduce air pollution, dust, dirt, and litter. A buffer may contain a barrier, such as a berm, wall or fence, where such additional screening is necessary to achieve the desired level of buffering between various activities. See Figure 2, Buffer.
Building means any structure attached to the ground which has a roof and which is designed for the shelter, housing, or enclosure of persons, animals, or property of any kind.
Building height means the vertical distance measured from the threshold of the front door entrance to the highest point of roof surface of a flat roof; the deck line of a mansard floor; and to the mean height level between eaves and ridges of a gable, hip, or gambrel roof.
Building line means a line parallel to the street line at a distance therefrom equal to the depth of the front yard required for the zoning district in which the lot is located. (See Setback line).
Cattery means any place that regularly breeds, boards, trains, buys, sells, or trades any cat. A cattery is also a kennel.
Clinic means a building or a portion of a building where patients are not lodged overnight, but are admitted for examination and treatment by a group of physicians or dentists practicing together.
Cluster development means a form of development for residential subdivisions that permits a reduction in lot area requirements, provided there is no increase in the number of lots that would normally be permitted under conventional zoning and subdivision requirements, and the resultant land area is devoted to open space.
Condominium means a multiple dwelling in which each dwelling unit is owned or financed by the occupant, but in which halls, entrance ways and underlying lands are owned jointly.
Cultural facility means a structure or portion of a structure used as an art gallery, museum, historical display, legitimate theater, library, and other uses similar in character to those listed.
Day care facility means a structure or portion of a structure wherein is provided care and supervision of persons away from their place of residence for less than 24 hours per day on a regular basis for compensation. For the purposes of this chapter, the term "day care" shall include but not be limited to the terms "nursery school," "early learning center," "prekindergarten," "private kindergarten," "play school," and "preschool."
Density means the number of dwelling units per acre of land. The term "gross density" refers to the number of units per acre of the total land to be developed. The term "net density" refers to the number of units per acre of land devoted to residential use.
District means a section of the city for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards and the intensity of use are uniform.
Double frontage corner lot. See Lot, corner, double frontage.
Duplex. See Dwelling, duplex.
Dwelling means a building which is designed or used exclusively for residential purposes, including single-family, duplex, and multifamily residential buildings, roominghouses and boardinghouses, fraternities, sororities, dormitories, manufactured homes, and industrialized home, but not including hotels and motels. Except as otherwise provided in the regulations, only one dwelling shall be allowed on each lot of land located in a district which allows residences.
Dwelling, attached, means a one-family dwelling attached to two or more one-family dwellings by common vertical walls.
Dwelling, detached, means a dwelling which is not attached to any other dwellings by common vertical walls.
Dwelling, duplex, means a structure on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof of an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units. See Figure 3. Dwelling Types.
Dwelling, multifamily, means a dwelling containing more than two dwelling units. See Figure 4.
Dwelling, quadruplex, means four attached dwellings in one structure in which each unit has two open space exposures and shares one or two walls with adjoining unit or units. See Figure 4. Dwelling Types.
Dwelling, single-family, means a building containing one dwelling unit. See Figure 3.
Dwelling, townhouse means a one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire resistant walls. See Figure 4.
Dwelling, triples, means a dwelling containing three dwelling units, each of which has direct access to the outside or to a common hall.
Dwelling unit means one or more rooms designed for the occupancy, cooking, and sleeping of one or more persons living as a family.
Dwelling, zero-lot-line, means a development of single-family detached residences in which one interior side yard may be lawfully reduced to zero on any lot for the purpose of creating larger, more usable, and more easily maintained yard spaces, particularly on smaller lots. See Figure 3.
FAA means the Federal Aviation Administration.
Family means an individual, or two or more persons related by blood, marriage, adoption, or guardianship, or a group of not more than four unrelated persons, occupying a single dwelling unit; provided, however, that domestic servants employed on the premises may be housed on the premises without being counted as a separate family or families. The term "family" does not include any organization or institutional group.
Family day care home means a customary home occupation which provides, for no more than six persons who are not residents of the premises, care and supervision by a State of Georgia registered resident adult for less than 24 hours per day on a regular basis for compensation.
Farming means the business of cultivating land, or employing it for the purposes of husbandry; the fertilization of the soil as well as caring for and harvesting the crops.
FCC means the Federal Communications Commission.
Fence means an artificially constructed barrier of any materials or combination of materials erected to enclose or screen areas of lands. A privacy fence is one that is solid and of a height designed to effectively limit visibility.
Floor area, gross, means the sum of the gross horizontal area of the several floors of a building measured from the exterior face of exterior walls or from the centerline of a wall separating two buildings but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height less than six feet.
Floor area ratio means the gross floor area of all buildings on a lot divided by the lot area. See Figure 5. Floor Area Ratio.
Frontage means the side of a lot abutting on a street; the front lot line. See Figure 9.
Fur farm means any place that regularly breeds and raises rabbits, mink, foxes, or other fur or hide-bearing animals for the harvesting of their skins.
Garage, general service, means a building or portion thereof, other than a private, storage or parking garage, designed, or used for equipping, servicing, repairing, hiring, selling, or storing of motor-driven vehicles, but not including the storage of wrecked or junked vehicles.
Garage, parking, A building or portion thereof designed or used primarily for the parking and storage of motor-driven vehicles.
Garage, private, means an accessory building designed or used for the storage of motor-driven vehicles owned and used by the occupants of the buildings to which it is accessory.
Gross floor area. See Floor area, gross.
Group day care home means an occupied dwelling in which the owner-occupant is licensed by the State of Georgia to provide care and supervision for more than six, but less than 19, persons who are not residents of the dwelling. Such care shall be provided for less than 24 hours a day on a regular basis for compensation.
Group home means a residence composed of nonrelated individuals with one or more surrogate parents that function as a singular housekeeping unit. All group homes shall be approved and licensed by the State of Georgia Department of Human Resources.
Health club means a facility designed for the major purpose of physical fitness or weight reducing which includes, but is not limited to, such equipment as weight-resistance machines, whirlpools, saunas, showers, and lockers. The term "health club" shall not include municipal or privately owned recreation buildings.
Home occupation means an occupation customarily carried on within a dwelling unit for gain or support involving the sale of only those articles, products, or services produced on the premises, conducted entirely within the dwelling with equipment customarily used for household purposes and involving no display of articles or products. A customary home occupation includes the accommodation of not more than two boarders or roomers.
Husbandry means the raising and breeding animals (livestock) and/or the byproduct thereof.
Industrialized home means a factory fabricated, transportable building consisting of units designed to be incorporated, at a building site, on a permanent foundation into a structure to be used for residential purposes. A modular home or industrialized home shall be certified by the manufacturer to meet the approval of the state building administrative board (SBAB) to meet the same requirements as an on-site-built home. The term "industrialized home" includes the term "modular home."
Junk vehicles means any automobile, vehicle, trailer of any type, or any parts thereof, which is in an inoperative or junk condition by reason of its having been wrecked, dismantled, abandoned, discarded, or which does not have a valid license plate where required and it is incapable of movement by its own power, or it remains in place for a period of more than seven days. Excluded are:
(1)
Those within a carport or driveway;
(2)
Those used for instruction at an institution licensed under state school laws; or
(3)
Those remaining for a reasonable period for insurance investigation.
Junkyard means a property used for indoor or outdoor storage, keeping or abandonment, whether or not for sale or resale, of junk including scrap metal, rags, paper or other scrap materials, used lumber, salvaged housewrecking and structural steel materials and equipment or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.
Kennel means any place which regularly breeds, boards, trains, buys, sells, or trades any dog. A kennel is a commercial activity. Structures housing more than eight dogs over eight months of age are presumed to be kennels.
Kindergarten means any premises or portion thereof used for educational work or parental care of children of less than the age required for enrollment in the public school system.
Livestock does not include a Vietnamese pot-bellied pig. Vietnamese pot-bellied pigs are allowed in all residential districts, not to exceed one per residence.
Lot means a developed or undeveloped tract of land in one ownership legally transferable as a single unit of land. See Figure 6. Lot.
Lot area means the net area of any lot that shall be the area bounded by the lot lines, the right-of-way line of any street adjoining the lot, and the centerline of the right-of-way of any private access road adjoining the lot.
Lot area requirement. For the purpose of determining the lot area per dwelling unit, the total lot area shall be measured with the exclusion of land in the public or private streets rights-of-way and land dedicated for park or school purposes.
Lot, corner, means a lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees, or adjoining a curve street at the end of a block.
Lot, corner, double frontage, means a corner lot which has frontage on three or more streets.
Lot coverage means the area of a zoning lot occupied by the principal building and accessory buildings.
Lot depth means the mean horizontal distance between the front and rear lot lines measured within the lot boundaries.
Lot, double frontage. See Lot, through.
Lot line means a line record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.
Lot line, front, means the lot line separating a lot from a street right-of-way.
Lot line, rear, means the lot line opposite and most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped lots, a line that is a minimum of ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.
Lot line, side, means any lot line other than a front or rear lot line.
Lot of record means a lot which exists as shown or described on a plat or deed in the records of the local registry of deeds.
Lot, through, means a lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.
Lot width means the horizontal distance between the side lot lines measured at right angles to the lot depth at the established front building line.
Lot width (cul-de-sac). For a lot having the majority of its frontage on a cul-de-sac, the lot width shall be the horizontal distance between the side lines of the lot, measured at the minimum required front yard (building setback) line or at a line parallel to said setback line which is no more than twice the minimum front yard setback distance from the street.
Manufactured home means a dwelling defined in the state code as a manufactured home, subject to the standards and regulations of the Department of Housing and Urban Development, adopted June 15, 1976, as amended.
Mobile home means a dwelling defined in the Georgia code as a mobile home, otherwise known as a "pre-HUD home" and constructed prior to June 15, 1976. Requirements for manufactured homes apply to mobile homes except where otherwise provided.
Modular home. See Industrialized home.
Multifamily dwelling. See Dwelling, multifamily.
Nuisance means an interference with the enjoyment and use of property.
Nursery school. See Kindergarten.
Nursing home means an extended or intermediate care facility licensed or approved to provide fulltime convalescent or chronic care to individuals who, by reason of advanced age, chronic illness, or infirmity, are unable to care for themselves.
Office, business, includes offices for general business, insurance, real estate, etc.
Office, professional, includes offices for professionals, such as, accountants, architects, attorneys, chiropractors, dentists, doctors, engineers, etc.
Open space means an uncovered area open to the sky on the same lot with a building.
Parking lot means an off-street, ground-level area, usually surfaced and improved, for the temporary storage of motor vehicles. See Garage, parking.
Pet (household pet) means any animal owned or kept for pleasure rather than sale, which is an animal of a species customarily bred and raised to live in the habitat of humans and is dependent upon them for food and shelter; except livestock and wild animals shall not be deemed pets.
Planning commission means the municipal planning commission.
Premises means a lot, parcel, tract, or plot of land, together with all buildings and structures existing thereon.
Principal use. The primary or predominant purpose for which a lot is occupied and/or used.
Putrescible wastes means wastes that are capable of being quickly decomposed by microorganisms. Examples of putrescible wastes include, but are not necessarily limited to, kitchen wastes, animal manure, offal, hatchery and poultry processing plant wastes, and garbage.
Quadruplex. See Dwelling, quadruplex.
Recreational facilities, indoor, means any commercial or noncommercial indoor facility such as a bowling alley, shooting gallery, videogame center, etc.
Recreational facilities, outdoor, means any commercial or noncommercial outdoor facility such as a miniature golf course, golf or baseball driving range, tennis court, swimming pool, drive-in theater, etc.
Riding stable and academy means an establishment where horses are kept for riding or driving or are stabled for compensation or incidental to the operation of any club, association, ranch, or similar establishment.
Roof means the outside top covering of a building. See Figure 7, Roof.
Roominghouse. See Boardinghouse.
Salvage yard. See Junkyard.
Sanitary landfill means a disposal site where putrescible wastes are disposed of using sanitary landfilling techniques.
Sanitary landfilling means an engineered method of disposing of putrescible wastes on land by spreading them in thin layers, compacting them to the smallest practical volume, placing an earth cover thereon, and such other measures as are necessary to protect human health and the environment.
Schools, private, parochial, and other elementary, means any places for teaching children grades one to seven, inclusive, which are not a part of the State of Georgia public school system, but which teach the subjects commonly taught in the common elementary schools of the state.
Schools, public means any places for teaching children grades one to 12 inclusive and no other, and a part of the public school system as defined by the law of the State of Georgia.
Screening means a method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation.
Setback. See Yard.
Setback line means that line that is the required minimum distance from the street right-of-way line or any other lot line that establishes the area within which the principal structure must be erected or placed. See Figure 9.
Shopping center means 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.
Sign means any object, device, display, or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, events, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images.
Sign, animated, means any sign or part of a sign which changes its physical position by any movement or rotation or which gives the visual impression of such movement or rotation.
Sign, area, means the entire face of a sign including all advertising surfaces and any framing, trim, or molding, but not including the supporting structure.
Sign, banner, means any sign intended to be hung either with or without frames, possessing characters, letters, illustrations, or ornamentations applied to paper, plastic, or fabric of any kind. National flags, flags of political subdivisions, and symbolic flags of any institution or business shall not be considered banners for the purpose of this chapter.
Sign, bench, means a sign located on any part of the surface of a bench or seat.
Sign, billboard, means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
Sign, bulletin board, means a sign which identifies an institution or organization on the premises of which it is located and which contains the name of the institution or organization, the names of individuals connected with it, and general announcements of events or activities occurring at the institution or similar messages.
Sign, canopy, means a sign affixed to, imposed upon, or painted on any rooflike structure either permanently or temporarily extended over a sidewalk or walkway, which can be mounted flush or suspended. A flush canopy sign is one that is mounted in such a manner that a continuous plane with the canopy is formed. A hanging canopy sign is one suspended from beneath the canopy. See Figure 8. Signs.
Sign, double-faced (back-to-back), means a sign with two parallel, or nearly parallel faces, back-to-back, and located not more than 24 inches from each other.
Sign, face, means the area or display surface used for the message.
Sign, flashing, means any directly or indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means whatsoever.
Sign, free standing. See Sign, pole.
Sign, ground, means a permanently affixed sign which extends no more than four feet above grade, and is wholly independent of a building for support. See Figure 8.
Sign, illuminated, means a sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed towards the sign.
Sign, illuminated indirect, means a sign illuminated by an external light source directed primarily toward such sign.
Sign, marquee, means any sign attached to and made part of a marquee. The term "marquee" is defined as a permanent rooflike structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building's wall and generally designed and constructed to provide protection against the weather.
Sign, mobile, means any sign which is mounted on wheels and for the purpose of transportation to a site where an advertising message may be conveyed.
Sign, off-premises (off-site), means a sign which is not located upon the premises of the business or entity indicated or advertised by said sign. Off-premises sign can be an outdoor advertising display, a temporary political sign or a temporary real estate directional sign.
Sign, on-premises (on-site), means a sign, other than a special sign or temporary sign which identifies, advertises, or promotes a product, service, person, place, activity, event, idea, or any other thing located or obtainable on or at the lot where this sign is located.
Sign, permanent, means any sign attached securely to a building, roof, wall, or a canopy or the ground by means of concrete, bolts, metal braces or treated wood or cedar, and continuing in the same state or without essential change to the sign structure.
Sign, pole, means a sign that is mounted on a free standing pole or other support so the bottom edge of the sign face is eight feet or more above grade. See Figure 8.
Sign, portable, means a sign that can be moved from place to place that is not permanently affixed to a building, structure, or the ground, including but not limited to:
(1)
Signs with wheels removed;
(2)
Signs with chassis or support constructed without wheels;
(3)
Signs designed to be transported by trailer or wheels;
(4)
A- or T-frame signs;
(5)
Menu-, sandwich- or sidewalk-type signs;
(6)
Searchlight stands; and
(7)
Umbrellas, hot air, gas-filled balloons used for advertising.
Sign, projecting, means a sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building. See Figure 8.
Sign, roof, means a sign that is attached, or mounted permanently on the roof of a building or which is wholly dependent upon a building for support and which may or may not project above the eave line of a building with a gambrel, gable, or hip roof, the decline of a building with a mansard roof, or projects above the building with a flat roof. See Figure 8.
Sign, stacked, means a structure of two vertically adjacent signs with their faces orientated in the same direction.
Sign, temporary, means a sign or advertising display constructed of cloth, canvas, fabric, plywood, or other light, impermanent material and designed or intended to be displayed for a short period of time.
Sign, temporary window, means a sign that is applied or attached temporarily to the exterior or interior of a window for the primary benefit of the passing public used to announce a special event or products for sale.
Sign, trailer. See Sign, mobile.
Sign, V-shape, means a structure of two signs in the shape of the letter "V" when viewed from above having their faces oriented in opposite directions at an angle not greater than 90 degrees.
Sign, wall, means a sign fastened to the wall or outer surface of a building or structure in such a manner that the wall or outer surface becomes the supporting structure for or forms the background surface of the sign and which does not project more than 12 inches from such building structure. See Figure 8.
Sign, warning, means signs limited to messages of warning, danger or caution.
Sign, wind, banners, mean wind-actuated devices, balloons, or other gas-filled figures.
Sign, window, means a sign that is applied or attached permanently to the exterior or interior of a window or located in such manner within a building that it can be seen from the exterior of the structure through a window. See Figure 8.
Significant groundwater recharge area means any area as designated on Hydrologic Atlas, No. 18, Maps of the Most Significant Groundwater Recharge Areas of Georgia; 1988, as published by the Georgia Geologic Survey, Environmental Protection Division, Georgia Department of Natural Resources.
Single-family dwelling. See Dwelling, single-family.
Solid waste means putrescible and nonputrescible wastes, except water-carried body waste, but shall include garbage, rubbish, ashes, street refuse, dead animals, sewage sludge, animal manures, industrial wastes, abandoned automobiles, dredging wastes, construction wastes, hazardous wastes, and any other waste material in a solid or semi-solid state not otherwise defined in these regulations.
Stockyard means a place where transient cattle, sheep, swine, or horses are kept temporarily for slaughter, market, or sleeping.
Structure means anything constructed or erected on the ground or attached to something on the ground.
Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and similar telecommunications towers or antennas.
Tower and tower structure height means the distance measured from ground level to the highest point on the tower or tower structure including antennas.
Triplex. See Dwelling, triplex.
Use. General category of use such as commercial, industrial, and residential.
Wild animal means any living member of the animal kingdom, including those born or raised in captivity; but excluding human beings, livestock, dogs and cats, rodents, hybrid animals that are part wild, captive-bred species of common cage birds and aquarium-kept fish, amphibians and reptiles.
Yard means an open space on a lot situated between the principal building or use on the lot and a lot line and unoccupied by any structure, except as otherwise provided herein. See Figure 9. Yard.
Yard, front, means an open, unoccupied space on the same lot with a principal building or use, extending the full width of the lot and located between the street line and the front line of the building projected to the side lines of the lot. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension.
Yard, rear, means an open space on the same lot with a principal building or use, unoccupied except by an accessory building or use, extending the full width of the lot and located between the rear line of the lot and the rear line of the building or use projected to the side lines of the lot.
Yard, side, means an open, unoccupied space on the same lot with a principal building or use, located between the building or use and the side line of the lot and extending from the rear line of the front yard to the front line of the rear yard.
Zero-lot-line. See Dwelling, zero-lot-line.
Zoning means the power of the city to provide within its territorial boundaries for the:
(1)
Zoning and districting of property for various uses and the prohibition of other or different uses within such zones or districts; and
(2)
Regulation of development and the improvement of real estate within such zones or districts in accordance with the uses of property for which said zones or districts were established.
RULES AND DEFINITIONS
In the construction of this chapter, the rules contained in this article shall be observed and applied, except when the context clearly indicates otherwise:
(1)
Terms used in the present tense include the future tense.
(2)
Terms used in the singular number include the plural number and words used in the plural include the singular.
(3)
The term "shall" is mandatory and not discretionary.
(4)
The term "may" is permissive.
(5)
The term "building" includes the term "structure" and every kind regardless of similarity to building.
(6)
The term "erected" includes the term "constructed," "moved," "located," or "relocated."
(7)
The term "lot" includes the term "plot" or "parcel."
(8)
The term "map" or "zoning map" means the Zoning Map.
(9)
The term "person" includes the terms "individual," "firms," "partnerships," "corporations," "associations," "governmental bodies," and all other legal entities.
(10)
The term "used" or "occupied" includes the term "intended, arranged or designed to be used or occupied."
(11)
The masculine gender includes the feminine and neuter.
(12)
All measured quantities shall be to the nearest integral unit of measure, and if a fraction is one-half or greater, the next highest integral unit shall be used.
(13)
Where requirements are set based on number of days, days are computed based on the calendar, except that when the final date falls on a weekend or holiday, the day due shall continue until the next regular working day.
For the purpose of this chapter, certain words or terms are defined as indicated in this article. These definitions and all other provisions of this chapter are subject to the rules of interpretation as listed in section 28-68. Any words or terms not herein defined shall be as defined elsewhere in this chapter or, if not defined elsewhere in the ordinance, as defined in Webster's New World Dictionary of the American Language, Second College Edition, the said definition to be read in context with the purposes and provision of the part of the ordinance it is being used to define.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Accessory structure means a structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or occupied. See Figure 1. Accessory Structure.
Accessory structure or accessory use means a use of land or of a building, or portion thereof, customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.
Alley means a service way providing a secondary means of public access to abutting property and not intended for general traffic circulation.
Alternative tower structure means manmade trees, clock towers, bell steeples, light poles, and similar alternative-design mounting structures that camouflage or conceal the presence of towers or antennas.
Animal hospital means a building used for the treatment, housing or boarding of small domestic animals such as dogs, cats, rabbits, and birds or fowl by a veterinarian.
Animal husbandry means the production of animals (livestock) and/or the byproduct thereof. The term does not include dogs and cats.
Animal quarters means any structures which surround or are used to shelter, care for, house, feed, exercise, train, exhibit, display, or show any animals, other than fenced pasture land for grazing.
Antenna means any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves.
Berm means a mound of earth, or the act of pushing earth into a mound. See Figure 2. Buffer.
Billboard. See Sign, billboard.
Boardinghouse means a dwelling other than a hotel, where for compensation and by prearrangement for definite periods, meals or lodging and meals, are provided for three or more persons.
Buffer means a portion of lot set aside for open space and/or screening purpose, to shield or block noise, light, glare, or visual or other nuisances, to block physical passage to dangerous areas; or to reduce air pollution, dust, dirt, and litter. A buffer may contain a barrier, such as a berm, wall or fence, where such additional screening is necessary to achieve the desired level of buffering between various activities. See Figure 2, Buffer.
Building means any structure attached to the ground which has a roof and which is designed for the shelter, housing, or enclosure of persons, animals, or property of any kind.
Building height means the vertical distance measured from the threshold of the front door entrance to the highest point of roof surface of a flat roof; the deck line of a mansard floor; and to the mean height level between eaves and ridges of a gable, hip, or gambrel roof.
Building line means a line parallel to the street line at a distance therefrom equal to the depth of the front yard required for the zoning district in which the lot is located. (See Setback line).
Cattery means any place that regularly breeds, boards, trains, buys, sells, or trades any cat. A cattery is also a kennel.
Clinic means a building or a portion of a building where patients are not lodged overnight, but are admitted for examination and treatment by a group of physicians or dentists practicing together.
Cluster development means a form of development for residential subdivisions that permits a reduction in lot area requirements, provided there is no increase in the number of lots that would normally be permitted under conventional zoning and subdivision requirements, and the resultant land area is devoted to open space.
Condominium means a multiple dwelling in which each dwelling unit is owned or financed by the occupant, but in which halls, entrance ways and underlying lands are owned jointly.
Cultural facility means a structure or portion of a structure used as an art gallery, museum, historical display, legitimate theater, library, and other uses similar in character to those listed.
Day care facility means a structure or portion of a structure wherein is provided care and supervision of persons away from their place of residence for less than 24 hours per day on a regular basis for compensation. For the purposes of this chapter, the term "day care" shall include but not be limited to the terms "nursery school," "early learning center," "prekindergarten," "private kindergarten," "play school," and "preschool."
Density means the number of dwelling units per acre of land. The term "gross density" refers to the number of units per acre of the total land to be developed. The term "net density" refers to the number of units per acre of land devoted to residential use.
District means a section of the city for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards and the intensity of use are uniform.
Double frontage corner lot. See Lot, corner, double frontage.
Duplex. See Dwelling, duplex.
Dwelling means a building which is designed or used exclusively for residential purposes, including single-family, duplex, and multifamily residential buildings, roominghouses and boardinghouses, fraternities, sororities, dormitories, manufactured homes, and industrialized home, but not including hotels and motels. Except as otherwise provided in the regulations, only one dwelling shall be allowed on each lot of land located in a district which allows residences.
Dwelling, attached, means a one-family dwelling attached to two or more one-family dwellings by common vertical walls.
Dwelling, detached, means a dwelling which is not attached to any other dwellings by common vertical walls.
Dwelling, duplex, means a structure on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof of an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units. See Figure 3. Dwelling Types.
Dwelling, multifamily, means a dwelling containing more than two dwelling units. See Figure 4.
Dwelling, quadruplex, means four attached dwellings in one structure in which each unit has two open space exposures and shares one or two walls with adjoining unit or units. See Figure 4. Dwelling Types.
Dwelling, single-family, means a building containing one dwelling unit. See Figure 3.
Dwelling, townhouse means a one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire resistant walls. See Figure 4.
Dwelling, triples, means a dwelling containing three dwelling units, each of which has direct access to the outside or to a common hall.
Dwelling unit means one or more rooms designed for the occupancy, cooking, and sleeping of one or more persons living as a family.
Dwelling, zero-lot-line, means a development of single-family detached residences in which one interior side yard may be lawfully reduced to zero on any lot for the purpose of creating larger, more usable, and more easily maintained yard spaces, particularly on smaller lots. See Figure 3.
FAA means the Federal Aviation Administration.
Family means an individual, or two or more persons related by blood, marriage, adoption, or guardianship, or a group of not more than four unrelated persons, occupying a single dwelling unit; provided, however, that domestic servants employed on the premises may be housed on the premises without being counted as a separate family or families. The term "family" does not include any organization or institutional group.
Family day care home means a customary home occupation which provides, for no more than six persons who are not residents of the premises, care and supervision by a State of Georgia registered resident adult for less than 24 hours per day on a regular basis for compensation.
Farming means the business of cultivating land, or employing it for the purposes of husbandry; the fertilization of the soil as well as caring for and harvesting the crops.
FCC means the Federal Communications Commission.
Fence means an artificially constructed barrier of any materials or combination of materials erected to enclose or screen areas of lands. A privacy fence is one that is solid and of a height designed to effectively limit visibility.
Floor area, gross, means the sum of the gross horizontal area of the several floors of a building measured from the exterior face of exterior walls or from the centerline of a wall separating two buildings but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height less than six feet.
Floor area ratio means the gross floor area of all buildings on a lot divided by the lot area. See Figure 5. Floor Area Ratio.
Frontage means the side of a lot abutting on a street; the front lot line. See Figure 9.
Fur farm means any place that regularly breeds and raises rabbits, mink, foxes, or other fur or hide-bearing animals for the harvesting of their skins.
Garage, general service, means a building or portion thereof, other than a private, storage or parking garage, designed, or used for equipping, servicing, repairing, hiring, selling, or storing of motor-driven vehicles, but not including the storage of wrecked or junked vehicles.
Garage, parking, A building or portion thereof designed or used primarily for the parking and storage of motor-driven vehicles.
Garage, private, means an accessory building designed or used for the storage of motor-driven vehicles owned and used by the occupants of the buildings to which it is accessory.
Gross floor area. See Floor area, gross.
Group day care home means an occupied dwelling in which the owner-occupant is licensed by the State of Georgia to provide care and supervision for more than six, but less than 19, persons who are not residents of the dwelling. Such care shall be provided for less than 24 hours a day on a regular basis for compensation.
Group home means a residence composed of nonrelated individuals with one or more surrogate parents that function as a singular housekeeping unit. All group homes shall be approved and licensed by the State of Georgia Department of Human Resources.
Health club means a facility designed for the major purpose of physical fitness or weight reducing which includes, but is not limited to, such equipment as weight-resistance machines, whirlpools, saunas, showers, and lockers. The term "health club" shall not include municipal or privately owned recreation buildings.
Home occupation means an occupation customarily carried on within a dwelling unit for gain or support involving the sale of only those articles, products, or services produced on the premises, conducted entirely within the dwelling with equipment customarily used for household purposes and involving no display of articles or products. A customary home occupation includes the accommodation of not more than two boarders or roomers.
Husbandry means the raising and breeding animals (livestock) and/or the byproduct thereof.
Industrialized home means a factory fabricated, transportable building consisting of units designed to be incorporated, at a building site, on a permanent foundation into a structure to be used for residential purposes. A modular home or industrialized home shall be certified by the manufacturer to meet the approval of the state building administrative board (SBAB) to meet the same requirements as an on-site-built home. The term "industrialized home" includes the term "modular home."
Junk vehicles means any automobile, vehicle, trailer of any type, or any parts thereof, which is in an inoperative or junk condition by reason of its having been wrecked, dismantled, abandoned, discarded, or which does not have a valid license plate where required and it is incapable of movement by its own power, or it remains in place for a period of more than seven days. Excluded are:
(1)
Those within a carport or driveway;
(2)
Those used for instruction at an institution licensed under state school laws; or
(3)
Those remaining for a reasonable period for insurance investigation.
Junkyard means a property used for indoor or outdoor storage, keeping or abandonment, whether or not for sale or resale, of junk including scrap metal, rags, paper or other scrap materials, used lumber, salvaged housewrecking and structural steel materials and equipment or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.
Kennel means any place which regularly breeds, boards, trains, buys, sells, or trades any dog. A kennel is a commercial activity. Structures housing more than eight dogs over eight months of age are presumed to be kennels.
Kindergarten means any premises or portion thereof used for educational work or parental care of children of less than the age required for enrollment in the public school system.
Livestock does not include a Vietnamese pot-bellied pig. Vietnamese pot-bellied pigs are allowed in all residential districts, not to exceed one per residence.
Lot means a developed or undeveloped tract of land in one ownership legally transferable as a single unit of land. See Figure 6. Lot.
Lot area means the net area of any lot that shall be the area bounded by the lot lines, the right-of-way line of any street adjoining the lot, and the centerline of the right-of-way of any private access road adjoining the lot.
Lot area requirement. For the purpose of determining the lot area per dwelling unit, the total lot area shall be measured with the exclusion of land in the public or private streets rights-of-way and land dedicated for park or school purposes.
Lot, corner, means a lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees, or adjoining a curve street at the end of a block.
Lot, corner, double frontage, means a corner lot which has frontage on three or more streets.
Lot coverage means the area of a zoning lot occupied by the principal building and accessory buildings.
Lot depth means the mean horizontal distance between the front and rear lot lines measured within the lot boundaries.
Lot, double frontage. See Lot, through.
Lot line means a line record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.
Lot line, front, means the lot line separating a lot from a street right-of-way.
Lot line, rear, means the lot line opposite and most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped lots, a line that is a minimum of ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.
Lot line, side, means any lot line other than a front or rear lot line.
Lot of record means a lot which exists as shown or described on a plat or deed in the records of the local registry of deeds.
Lot, through, means a lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.
Lot width means the horizontal distance between the side lot lines measured at right angles to the lot depth at the established front building line.
Lot width (cul-de-sac). For a lot having the majority of its frontage on a cul-de-sac, the lot width shall be the horizontal distance between the side lines of the lot, measured at the minimum required front yard (building setback) line or at a line parallel to said setback line which is no more than twice the minimum front yard setback distance from the street.
Manufactured home means a dwelling defined in the state code as a manufactured home, subject to the standards and regulations of the Department of Housing and Urban Development, adopted June 15, 1976, as amended.
Mobile home means a dwelling defined in the Georgia code as a mobile home, otherwise known as a "pre-HUD home" and constructed prior to June 15, 1976. Requirements for manufactured homes apply to mobile homes except where otherwise provided.
Modular home. See Industrialized home.
Multifamily dwelling. See Dwelling, multifamily.
Nuisance means an interference with the enjoyment and use of property.
Nursery school. See Kindergarten.
Nursing home means an extended or intermediate care facility licensed or approved to provide fulltime convalescent or chronic care to individuals who, by reason of advanced age, chronic illness, or infirmity, are unable to care for themselves.
Office, business, includes offices for general business, insurance, real estate, etc.
Office, professional, includes offices for professionals, such as, accountants, architects, attorneys, chiropractors, dentists, doctors, engineers, etc.
Open space means an uncovered area open to the sky on the same lot with a building.
Parking lot means an off-street, ground-level area, usually surfaced and improved, for the temporary storage of motor vehicles. See Garage, parking.
Pet (household pet) means any animal owned or kept for pleasure rather than sale, which is an animal of a species customarily bred and raised to live in the habitat of humans and is dependent upon them for food and shelter; except livestock and wild animals shall not be deemed pets.
Planning commission means the municipal planning commission.
Premises means a lot, parcel, tract, or plot of land, together with all buildings and structures existing thereon.
Principal use. The primary or predominant purpose for which a lot is occupied and/or used.
Putrescible wastes means wastes that are capable of being quickly decomposed by microorganisms. Examples of putrescible wastes include, but are not necessarily limited to, kitchen wastes, animal manure, offal, hatchery and poultry processing plant wastes, and garbage.
Quadruplex. See Dwelling, quadruplex.
Recreational facilities, indoor, means any commercial or noncommercial indoor facility such as a bowling alley, shooting gallery, videogame center, etc.
Recreational facilities, outdoor, means any commercial or noncommercial outdoor facility such as a miniature golf course, golf or baseball driving range, tennis court, swimming pool, drive-in theater, etc.
Riding stable and academy means an establishment where horses are kept for riding or driving or are stabled for compensation or incidental to the operation of any club, association, ranch, or similar establishment.
Roof means the outside top covering of a building. See Figure 7, Roof.
Roominghouse. See Boardinghouse.
Salvage yard. See Junkyard.
Sanitary landfill means a disposal site where putrescible wastes are disposed of using sanitary landfilling techniques.
Sanitary landfilling means an engineered method of disposing of putrescible wastes on land by spreading them in thin layers, compacting them to the smallest practical volume, placing an earth cover thereon, and such other measures as are necessary to protect human health and the environment.
Schools, private, parochial, and other elementary, means any places for teaching children grades one to seven, inclusive, which are not a part of the State of Georgia public school system, but which teach the subjects commonly taught in the common elementary schools of the state.
Schools, public means any places for teaching children grades one to 12 inclusive and no other, and a part of the public school system as defined by the law of the State of Georgia.
Screening means a method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation.
Setback. See Yard.
Setback line means that line that is the required minimum distance from the street right-of-way line or any other lot line that establishes the area within which the principal structure must be erected or placed. See Figure 9.
Shopping center means 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.
Sign means any object, device, display, or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, events, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images.
Sign, animated, means any sign or part of a sign which changes its physical position by any movement or rotation or which gives the visual impression of such movement or rotation.
Sign, area, means the entire face of a sign including all advertising surfaces and any framing, trim, or molding, but not including the supporting structure.
Sign, banner, means any sign intended to be hung either with or without frames, possessing characters, letters, illustrations, or ornamentations applied to paper, plastic, or fabric of any kind. National flags, flags of political subdivisions, and symbolic flags of any institution or business shall not be considered banners for the purpose of this chapter.
Sign, bench, means a sign located on any part of the surface of a bench or seat.
Sign, billboard, means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
Sign, bulletin board, means a sign which identifies an institution or organization on the premises of which it is located and which contains the name of the institution or organization, the names of individuals connected with it, and general announcements of events or activities occurring at the institution or similar messages.
Sign, canopy, means a sign affixed to, imposed upon, or painted on any rooflike structure either permanently or temporarily extended over a sidewalk or walkway, which can be mounted flush or suspended. A flush canopy sign is one that is mounted in such a manner that a continuous plane with the canopy is formed. A hanging canopy sign is one suspended from beneath the canopy. See Figure 8. Signs.
Sign, double-faced (back-to-back), means a sign with two parallel, or nearly parallel faces, back-to-back, and located not more than 24 inches from each other.
Sign, face, means the area or display surface used for the message.
Sign, flashing, means any directly or indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means whatsoever.
Sign, free standing. See Sign, pole.
Sign, ground, means a permanently affixed sign which extends no more than four feet above grade, and is wholly independent of a building for support. See Figure 8.
Sign, illuminated, means a sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed towards the sign.
Sign, illuminated indirect, means a sign illuminated by an external light source directed primarily toward such sign.
Sign, marquee, means any sign attached to and made part of a marquee. The term "marquee" is defined as a permanent rooflike structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building's wall and generally designed and constructed to provide protection against the weather.
Sign, mobile, means any sign which is mounted on wheels and for the purpose of transportation to a site where an advertising message may be conveyed.
Sign, off-premises (off-site), means a sign which is not located upon the premises of the business or entity indicated or advertised by said sign. Off-premises sign can be an outdoor advertising display, a temporary political sign or a temporary real estate directional sign.
Sign, on-premises (on-site), means a sign, other than a special sign or temporary sign which identifies, advertises, or promotes a product, service, person, place, activity, event, idea, or any other thing located or obtainable on or at the lot where this sign is located.
Sign, permanent, means any sign attached securely to a building, roof, wall, or a canopy or the ground by means of concrete, bolts, metal braces or treated wood or cedar, and continuing in the same state or without essential change to the sign structure.
Sign, pole, means a sign that is mounted on a free standing pole or other support so the bottom edge of the sign face is eight feet or more above grade. See Figure 8.
Sign, portable, means a sign that can be moved from place to place that is not permanently affixed to a building, structure, or the ground, including but not limited to:
(1)
Signs with wheels removed;
(2)
Signs with chassis or support constructed without wheels;
(3)
Signs designed to be transported by trailer or wheels;
(4)
A- or T-frame signs;
(5)
Menu-, sandwich- or sidewalk-type signs;
(6)
Searchlight stands; and
(7)
Umbrellas, hot air, gas-filled balloons used for advertising.
Sign, projecting, means a sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building. See Figure 8.
Sign, roof, means a sign that is attached, or mounted permanently on the roof of a building or which is wholly dependent upon a building for support and which may or may not project above the eave line of a building with a gambrel, gable, or hip roof, the decline of a building with a mansard roof, or projects above the building with a flat roof. See Figure 8.
Sign, stacked, means a structure of two vertically adjacent signs with their faces orientated in the same direction.
Sign, temporary, means a sign or advertising display constructed of cloth, canvas, fabric, plywood, or other light, impermanent material and designed or intended to be displayed for a short period of time.
Sign, temporary window, means a sign that is applied or attached temporarily to the exterior or interior of a window for the primary benefit of the passing public used to announce a special event or products for sale.
Sign, trailer. See Sign, mobile.
Sign, V-shape, means a structure of two signs in the shape of the letter "V" when viewed from above having their faces oriented in opposite directions at an angle not greater than 90 degrees.
Sign, wall, means a sign fastened to the wall or outer surface of a building or structure in such a manner that the wall or outer surface becomes the supporting structure for or forms the background surface of the sign and which does not project more than 12 inches from such building structure. See Figure 8.
Sign, warning, means signs limited to messages of warning, danger or caution.
Sign, wind, banners, mean wind-actuated devices, balloons, or other gas-filled figures.
Sign, window, means a sign that is applied or attached permanently to the exterior or interior of a window or located in such manner within a building that it can be seen from the exterior of the structure through a window. See Figure 8.
Significant groundwater recharge area means any area as designated on Hydrologic Atlas, No. 18, Maps of the Most Significant Groundwater Recharge Areas of Georgia; 1988, as published by the Georgia Geologic Survey, Environmental Protection Division, Georgia Department of Natural Resources.
Single-family dwelling. See Dwelling, single-family.
Solid waste means putrescible and nonputrescible wastes, except water-carried body waste, but shall include garbage, rubbish, ashes, street refuse, dead animals, sewage sludge, animal manures, industrial wastes, abandoned automobiles, dredging wastes, construction wastes, hazardous wastes, and any other waste material in a solid or semi-solid state not otherwise defined in these regulations.
Stockyard means a place where transient cattle, sheep, swine, or horses are kept temporarily for slaughter, market, or sleeping.
Structure means anything constructed or erected on the ground or attached to something on the ground.
Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and similar telecommunications towers or antennas.
Tower and tower structure height means the distance measured from ground level to the highest point on the tower or tower structure including antennas.
Triplex. See Dwelling, triplex.
Use. General category of use such as commercial, industrial, and residential.
Wild animal means any living member of the animal kingdom, including those born or raised in captivity; but excluding human beings, livestock, dogs and cats, rodents, hybrid animals that are part wild, captive-bred species of common cage birds and aquarium-kept fish, amphibians and reptiles.
Yard means an open space on a lot situated between the principal building or use on the lot and a lot line and unoccupied by any structure, except as otherwise provided herein. See Figure 9. Yard.
Yard, front, means an open, unoccupied space on the same lot with a principal building or use, extending the full width of the lot and located between the street line and the front line of the building projected to the side lines of the lot. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension.
Yard, rear, means an open space on the same lot with a principal building or use, unoccupied except by an accessory building or use, extending the full width of the lot and located between the rear line of the lot and the rear line of the building or use projected to the side lines of the lot.
Yard, side, means an open, unoccupied space on the same lot with a principal building or use, located between the building or use and the side line of the lot and extending from the rear line of the front yard to the front line of the rear yard.
Zero-lot-line. See Dwelling, zero-lot-line.
Zoning means the power of the city to provide within its territorial boundaries for the:
(1)
Zoning and districting of property for various uses and the prohibition of other or different uses within such zones or districts; and
(2)
Regulation of development and the improvement of real estate within such zones or districts in accordance with the uses of property for which said zones or districts were established.