Except as otherwise provided herein, all words shall have the customary dictionary meaning. The term "lot" includes the term "plot" or "parcel." The term "building" includes the term "structure." The term "used" or "occupied," as applied to any land or building, shall be construed to include the term "intended, arranged or designed to be used or occupied." The term "atlas" or "map" means the official zoning district atlas maps for the city.

(Ord. of 5-2016(2), § 3.1)

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

Accessory building means a building that is not the principle building on a lot.

Accessory use means a use customarily incidental to the principal use of land.

Airport means a transportation terminal facility where aircraft take off and land.

Alley means a platted service way providing a secondary means of access to abutting properties.

Alteration means any change, addition, or modification in construction of the structural members of a building, as walls, partitions, columns, beams, girders, or any change which may be referred to herein as "altered" or "reconstructed."

Apartment means a building arranged, intended or designed to be occupied by three or more families living independent of each other.

Apartment development means a development of multifamily dwelling units developed in accordance with the provisions of this article.

Apartment hotel means a building in which lodging for compensation by pre-arrangement with or without meals or kitchen facilities, is offered to transient guests for temporary occupancy or to persons for long-term abode purposes provided entrances to each apartment is from within the building and any commercial activity is incidental to the residential nature of the establishment.

Auto detail shop means a business that provides through cleaning, polishing, and waxing automobiles, vans, and trucks with no more than six wheels.

Auto garage means any area of land, including structures thereon, used for the retail service of major repairs, minor repairs, including the incidental services of lubrication and cleaning of motor vehicles.

Automobile service station means any area of land, including structures thereon, used for the retail sale of gasoline, oil, automobile accessories and incidental services, including facilities for lubricating, minor repairs, hand washing and cleaning or otherwise servicing automobiles, but excluding painting, major repair or automatic washing of motor vehicles.

Bed and breakfast means a private residence, several rooms of which are set aside for overnight guests whose paid accommodations include breakfast. To qualify as a bed and breakfast, the operator of the bed and breakfast must reside on the premises and the premises must serve as the operator's domicile.

Block means a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of municipalities.

Boardinghouse means a building other than a hotel where, for compensation and/or by pre-arrangement, meals or lodging and meals are provided for three or more persons, but not exceeding 20 persons.

Building means any structure having a roof supported by columns or walls and intended for shelter, housing or enclosure of persons, animals, or chattels.

Building, alteration of, means any change in the supporting members of a building (such as bearing walls, beams, columns, and girders) except such change as may be required for its safety; an addition to a building, any movement of the building or use from one location to another.

Building code means the the International Building Code; however, the building code must adhere to Athens-Clarke County (ACC) building code which takes precedence if and when it is different from the International Code.

Building, height of, means the vertical distance measured from the average elevation of the proposed finished grade at the front of the highest level between the eaves and ridge for gable, hip, or gambrel roofs and to the deck line of a mansard roof at their highest point.

Building, main, means a building in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be a main building on the lot on which it is situated.

Cemetery means any plot of ground, churchyard, building, mausoleum, or other enclosure used for burial of the human remains.

Clinic means an establishment where human patients, who are not lodged overnight, are admitted for examination and treatment.

Clinic, veterinary, means an establishment where animals are admitted for examination and treatment and may stay overnight indoors.

Club means buildings and facilities owned or operated by a corporation, association, or person for social, educational or recreational purposes, but not primarily for profit or to render a direct service to the general public.

Commission means the city planning and zoning commission.

Condominium means individual ownership units in a multifamily structure, combined with a joint ownership of common areas of the buildings and/or grounds.

Council means the mayor and council for the city.

Day care center means any nonresidential place operated by any person, society, agency, corporation or institution, or any other group wherein are received for pay seven or more children under 18 years of age for group care, without transfer of custody, for more than four hours and less than 24 hours per day. The center must meet all state and local regulations.

Day care center, adult, means a nonresidential facility specializing in providing activities for elderly and/or mentally or physically challenged individuals. The center may provide meals, social/recreational outings and general supervision. The center must meet all state and local regulations.

Day care home means any place operated by any person who receives for pay three to six children under 17 years of age for group care, without transfer of custody, for more than four and less than 24 hours per day. The center must meet all state and local regulations.

District means a section of the city within which the zoning regulations are uniform.

Dwelling means any building or portion thereof which is designed for or used for residential purposes.

Dwelling, multifamily, means a building designed for or occupied exclusively by three or more families living independently of each other.

Dwelling, single-family, means a building designed for and occupied exclusively by one family.

Dwelling, tenant, means a residential structure located on a farm and occupied by non-transient farm workers and employed by the owner of the farm.

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

Easement means a grant by a property owner of the use of land for a specific purpose or purposes by the general public, a corporation or a certain person.

Fallout shelter means a structure or portion of a structure intended to provide protection to human life during periods of danger to human life from nuclear fallout, air raids, storms or other emergencies.

Family means two or more persons residing in a single dwelling unit where all members are related by blood, marriage, or adoption up to the second degree of consanguinity, or by foster care. For the purposes of the term "family," the term "consanguinity" means only the following persons are related within the second degree of consanguinity: married couples, parents and children, grandparents and grandchildren, brothers and sisters, aunts and uncles, nephews and nieces, and first cousins. For the purposes of the term "family," a person shall be considered to reside in a dwelling unit if he stays overnight in a dwelling unit for more than 30 days within a 90-day period. The term "family" does not include any organization or institutional group. The term "family" does not preclude two individuals cohabitating as a family unit.

Floor area means the sum of the gross horizontal areas of the total number of floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings, but not including the attic space providing headroom for less than seven feet; unusable basement or cellar space not used for retailing; uncovered steps or fire escape; open porches; accessory water or cooling towers; accessory off-street parking spaces; and accessory off-street loading berths.

Frontage means the distance for which the front boundary line of the lot and the street line are coincident calculated at the right-of-way line. For the purpose of corner lots, all sides of a lot adjacent to streets shall be considered frontage.

Garage apartment means a dwelling unit for one family erected above a private garage detached from the main dwelling.

Garage, parking, means a building or portion thereof designed or used for storage of motor-driven vehicles.

Garage, private, means an accessory building or a portion of a main building used for the parking or storage of automobiles of the occupants of the main building.

Home occupation means an occupation for primary gain or support conducted only by members of a family residing on the premises and within the main dwelling and one accessory building.

Hotel means a building in which lodging or board and lodging are provided for more than 20 persons and offered to the public for compensation and which ingress and egress to and from each sleeping room is generally made through the interior of the building.

Institution means a nonprofit corporation or a nonprofit establishment.

Junk vehicle means a motor vehicle, trailer, automobile, contrivance, or part thereof (except farm equipment) which is either wrecked, dismantled, partially dismantled, inoperative, abandoned, discarded, or does not have a valid license plate attached thereto.

Junkyard means any establishment which is maintained or used for storing, buying, or selling junk, or for an automobile graveyard; sanitary fills, and scrap processor establishments.

Kennel means any location where raising, grooming, caring for or boarding of dogs, cats, or other small animals is provided for commercial purposes.

Kindergarten means a school for pre-elementary school children ranging in age from four through six years; which operates for less than six hours per day.

Landing area means the area of an airport used for landing, taking off, or taxiing of aircraft.

Laundromat means a business that provides home-type washing, drying and/or ironing machines.

Laundry and dry cleaning pick-up means a business that provides only for the convenience of taking and picking up of laundry, such as establishments not having any equipment for process of the laundry.

Loading space means a space within the main building or on the same lot, providing for the standing, loading, or unloading of trucks, and other carriers.

Lot means a parcel of land occupied or to be occupied by one main building and its accessory buildings with such open and parking spaces as are required by the provisions of this article and having its frontage upon a public or private street or streets.

Lot, corner, means a lot abutting upon two or more streets at their intersection where interior angle of intersection does not exceed 135 degrees.

Lot, double frontage, means a lot having a frontage, both front, back and rear, on two streets as distinguished from a corner lot.

Lot, interior, means a lot other than a corner lot.

Lot of record means a lot or parcel of land whose existence, location and dimensions have been recorded in the office of the clerk of the superior court of Athens-Clarke County.

Manufactured home means a structure defined by and constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended, 42 USC 5401 et seq. The definition of the term "manufactured home," at the date of adoption of the ordinance from which article is derived, is as follows: the term "manufactured home" means a structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling 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 the term "manufactured home" includes any structure which meets all the requirements of this definition, except the size requirements and with respect to which the manufacturer voluntarily files a certification required.

Motel means a building or group of buildings containing sleeping accommodations for rental primarily to automobile transients and in which ingress and egress to and from each sleeping room is generally to the outside of the building.

Nonconforming use means a use of land existing at the time of the enactment of this article, or at the time of a zoning amendment and which does not conform with the regulations of the use district in which it is located.

Nursing home means a home for aged or ill persons in which three or more persons not of the immediate family are provided with food, shelter, and care for compensation but not including hospitals, clinics, or similar institutions devoted primarily to diagnosis and treatment. Nursing homes shall be licensed by the state.

Open space means a parcel of land or an area of water or a combination of both land and water within the site designated for development and designed and intended for the use and enjoyment of residents of the development or for the general public, not including streets or off-street parking areas. Open space shall be substantially free of structures, but may contain such improvements as are in the plans as finally approved and are appropriate for the benefit of residents of the development or for the general public. Unless dedicated and accepted by the mayor and council, maintenance shall be the responsibility of all property owners within the subdivision.

Parking space means an area of not less than 180 square feet with dimensions of not less than nine feet wide and 20 feet deep, the exclusive purpose of which is the parking of a vehicle.

Planned unit development means any planned concentration that provides for innovative concepts in residential development that enables economy in capital expenditures on utilities and streets and in subsequent maintenance.

Plat, final, means the final plat prepared by a registered land surveyor, described in these regulations, on which the subdivider's plan of subdivision is presented to the city for approval and which, if approved, may be submitted to the clerk of the superior court for Athens-Clarke County for filing.

Plat, preliminary, means the preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the city for approval.

Playschool means a school of pre-kindergarten children ranging in age from three to four years and which operates for less than four hours per day.

Principal use means the primary purpose for which land or a building is used in accordance with underlying zoning.

Professional means, when used in connection with the terms "use" and "occupancy," a use or occupancy by persons generally engaged in rendering personal, executive sales, or administrative services or activities including accountant, architects, professional engineers and land surveyors, doctors, lawyers, insurance officers, real estate offices, religious organizations, stock brokers, and administrative agencies considered professional in character. The term "professional," however, does not include repairs or sales of the tangible personal property stored or located within the structure nor any use that would create any loud noise or noxious odors within the city.

Recreational vehicle means recreational vehicle and its acronym, RV, are generally used to refer to a vehicle equipped with living space and amenities found in a home; they are sometimes called motor homes. A recreational vehicle normally includes a kitchen, a bathroom, a bedroom and a living room.

Rental, residence, means rental property in residential zoned districts for single-family use. No more than two individuals not family related may occupy a rented or leased residence in a single-family residentially zoned district.

Restaurant means an eating establishment which caters to sit down table service or take-out service within an enclosed building or adjoining patio.

Restaurant, drive-in, means an eating establishment which caters to motor-driven vehicles business where the person being served consumes food and/or drink while sitting in a vehicle.

Right-of-way means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for any other special use. The usage of the term "right-of-way," for land platting purposes, shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lot or parcels. Right-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, shade trees, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established and owned in fee simple title by the property owner.

Right-of-way line means the dividing line between a lot, tract or parcel of land and contiguous right-of-way.

Sanitary landfill means a solid waste disposal method in which the wastes are deposited in controlled manner at a site, then spread and compacted in thin layers, covered frequently with a layer of earth, and compacted daily.

Setback means the distance between a building and the street line or property line nearest to the building.

Shopping center means a group of commercial establishments planned, and developed as a unit with common off-street parking provided on the property.

Short-term rental means the renting or leasing of a detached, attached, or semi-detached dwelling or portion thereof, not including a roominghouse or boardinghouse, where the term of occupancy, possession, or tenancy is less than 30 consecutive calendar days. Renting or leasing, as used herein, means the payment of compensation, money, rent, or other bargained for consideration in exchange for occupancy, possession or use of the property.

Sign means any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or makes, or combinations thereof, by which anything is made known, an association, a profession, a church, business, a commodity, or product which are visible from any public way and used as an outdoor display.

Single-family residence means a residential unit located on a single lot functioning as the only residential unit and designed and occupied for only one family.

Storage means the placement of material of any kind such that it creates an unsightly appearance based on city codes and ordinances.

Story means that portion of a building, other than a cellar, included between the surface of the floor and ceiling above it.

Street means a public or private thoroughfare which affords the principal means of access to abutting property. The further definition of the term "street" is found in the an ordinance regulating the subdivision of land in the city, September 2005.

Thoroughfare map means a map depicting the current and future streets in the city by functional classification.

Townhouse means a single-family dwelling unit which is erected in a row as part of a single building on adjoining lots, each being separated from the adjoining unit or units by approved fire resistant party wall or walls extending from the basement or cellar floor to the roof along the dividing lot line.

Trade shop means the business where persons are working in or associated with a specified business or industry.

Travel trailer means a portable vehicular structure designed as a temporary dwelling for travel, recreational and vacation uses.

Travel trailer park means any lot on which two or more travel trailers or RVs are parked for a period of more than 30 days.

Variance means a modification of the terms of these regulations where such modification will not be contrary to the public health, safety and welfare, where, owing to conditions peculiar to the property, not the result of actions of the subdivider or owner, a literal enforcement of these regulations would result in unnecessary and undue hardship. The variance hearing board is the appointed body to hear all variance appeals.

Yard means a space on the same lot with a main building, such space being open, unoccupied and unobstructed by buildings or structures from ground to sky except when encroachments and accessory buildings are expressly permitted.

Yard, front, means an open, unoccupied space on the same lot with the main building, extending the full width of the lot and situated between the right-of-way line and front line of building projected to the side lines of the lot. The depth of the front yard shall be measured from between the front line of the building and projected to the side lines of the lot. Covered porches, whether enclosed or unenclosed, shall not project into a required front yard. 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 the main building, such space being unoccupied except possibly by an accessory building and extending the full width of the lot and situated between the rear line of the lot and rear line of the main building projected to the side lines of the lot. On all corner lots, the rear yard shall be at the opposite end of the lot from the front yard.

Yard, side, means an open, unoccupied space on the same lot with a main building, situated between the side line of the building and the adjacent side line of the lot extending from the rear line of the front yard to the front line of the rear yard. If no front yard is required, the rear boundary of the side yard shall be the rear line of the lot. On corner lots, the side yard shall be considered as parallel to the street upon which the lot has its greatest dimension.

(Ord. of 5-2016(2), § 3.2; Ord. of 11-10-2020, § 3.2)