Except as specifically defined herein, all words used in this ordinance have their customary dictionary definition. For the purposes of this ordinance, the following rules of interpretation shall apply:

(1)

Words used in the present tense include the future tense. Words used in the singular include the plural, and words in the plural include the singular.

(2)

The word "shall" is always mandatory.

(3)

The word "person" includes a firm, association, organization, trust, company or corporation, as well as an individual.

(4)

The word "lot" includes the word "plot" or "parcel."

(5)

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

(6)

The word "used" or "occupied," as applied to any land or building, shall be construed to include the word "intended," "arranged" or "designated to be used or occupied."

(7)

The word "map" or "zoning map" means the official zoning map of the City of Young Harris, Georgia.

The New Illustrated Book of Development Definitions by Harvey S. Moskowitz and Carl G. Lindbloom is the official source for definitions not listed below.

(1)

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

(2)

Automotive repair garage. A use of land and/or structures involving maintenance, repair, conversion and other such services on cars, trucks, boats, motorcycles, recreational vehicles, and mobile/manufactured homes, typically including vehicle storage and incidental sales of parts. Also referred to as automotive services.

(3)

Boardinghouse. A building, where for compensation, both lodging and meals are provided for persons, provided that a single-family dwelling shall not be deemed to be a boardinghouse by reason of a contribution to or expense sharing arrangement with the owner or tenant occupying the dwelling by a person related by blood or marriage.

(4)

Buffer. A landscaped open space and/or screen, located between incompatible land uses for the purpose of visibly separating uses through distance and to shield or block noise, light, glare, or visual or other nuisances; that portion of a given lot not covered by buildings, pavement, parking, access and service areas, established for the purpose of screening and separating properties with incompatible land uses, the width of which is measured from the common property line and extends the developed portion of the common property line. A buffer consists of trees, shrubs, and other natural vegetation, undisturbed by grading or site development, and replanted where sparsely vegetated or where disturbed for approved access and utility crossings.

(5)

Building. Any structure intended for shelter, housing, or enclosure of persons, animals or chattels.

(6)

Building, industrialized. Any structure or component thereof which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to, or destruction thereof.

(7)

Centerline of street. A line surveyed and monumented as such, or, if a centerline has not been surveyed and monumented, it shall be that line running midway between the outside of paving, gravel, curbs or ditches of the street. On gravel roads the centerline will be determined by measuring the outside edges of a 20-foot maintained gravel base.

(8)

Club. A building or facility owned or operated by a group for social, educational or recreational purposes, but not customarily for profit or to render a service that is customarily carried on for gain.

(9)

Convenience store. Any retail establishment offering for sale prepackaged food products, household items, newspapers and magazines, and sandwiches and other freshly prepared foods, such as salads, for off-site consumption. A maximum size for such stores is 2,000 square feet.

(10)

Craft manufacturing. A facility whose primary use is the shared or individual use of hand-operated tools for the manufacturing of products or parts, including their design, processing, fabrication, assembly, treatment and packaging. Craft manufacturing may also include the incidental storage, sale, and distribution of said products or parts. Craft manufacturing specifically includes, but is not limited to, the manufacturing of electronic goods, food and bakery products, non-alcoholic beverages, printmaking, wood products, household appliances, leather products, jewelry and clothing, metalwork, furniture, glass or ceramics, and paper.

(11)

Deck. An exterior floor elevated above the ground and connected to a structure.

(12)

Dormitory. A building, the primary purpose of which is to provide living accommodations for individuals for a specific amount of time, which may or may not include individual kitchen facilities.

(13)

Dwelling. A building designed or used for permanent living quarters for one or more families or individuals. Manufactured homes are specifically excluded from this definition.

(14)

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

(15)

Family. One or more persons occupying a dwelling unit and living as a single housekeeping unit.

(16)

Gas. Any combustible gaseous or liquefied mixture used for illumination or fuel, including all forms of petroleum (gasoline, propane, butane).

(17)

Gasoline filling station or service station. Any building, structure or land used for the retail sale of motor vehicle fuel, oil, accessories, and motor vehicle servicing, except that major repairs, body repairs, and painting of motor vehicles shall not be considered motor vehicle servicing.

(18)

Group care home. A use in which domiciliary care is provided with support and supervisory personnel that provides room and board, personal care and rehabilitation services in a family environment for a resident handicapped person who has physical or mental impairment that substantially limits one or more of such person's major life activities so that such person is incapable of living independently. This does not include:

1)

The current illegal use of or addiction to either alcohol or a controlled substance;

2)

Any person whose residency may constitute a direct threat to the health or safety of other individuals or whose tendency would result in substantial physical damage to the property of others;

3)

Work resale facilities for convicts or ex-convicts or other housing facilities serving as an alternative to incarceration; or

4)

Any person who is not deemed to be handicapped as that term is defined under the Federal Housing Act 42 USC Section 3601 et seq.

(19)

Home occupation. A lawful occupation, profession, or activity carried out for profit and the retail sales of the products of such activity only when situated on the same lot as the building used as a private residence and conducted by residents only. The occupation is secondary to the use of the dwelling for living purposes and the residential character of the dwelling is maintained. Such activity shall be confined to the principal building or an accessory building. Neither outside display of products or merchandise nor outside conduct services is permitted. Accessory buildings used for home occupations shall be located in the rear yard. Such home occupations shall not create or cause noise, noxious odors, or hazards that will endanger the health, safety, or welfare of the community.

•

Home office. A home occupation that is limited to an office use and does not involve visits or access by the public, suppliers or customers, and does not involve the receipt, maintenance, repair, storage or transfer of merchandise at the home.

•

Home business. A home occupation that is limited to the use of a practicing professional, an artist, homemaker production (such as sewing or baking), or instruction in the fine arts, and may involve very limited visits or access by clients or pupils, but does not involve the maintenance, repair, storage or transfer of merchandise received at the home.

(20)

Hospital. An institution providing health services, for in-patients and medical or surgical care of the sick or injured, including as an integral part of the institution, such related facilities as laboratories, out-patients' department, training facilities, central service facilities and staff offices.

(21)

Hotel. A public commercial lodging facility intended for use as temporary residence, which may also include provision of meals, entertainment and various personal services, provided for compensation to persons traveling for business, tourism or other visitation purposes in which ingress and egress from all rooms is made through an inside lobby or office supervised by a person in charge at all hours.

(22)

Landscape plan. A plan that identifies areas of tree preservation and methods of tree protection as well as all areas of replanting.

(23)

Lot. A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon. For purposes of this ordinance, the existence of a lot shall be evidenced by the lawful recording of plat in the office of the clerk of superior court of Towns County.

(24)

Lot width. The distance between the side boundaries of the lot, measured at the front building line.

(25)

Manufactured home. A structure, transportable in one or more sections, which, in traveling mode, is eight body feet or more in width or 40 body feet of more in length, when erected on site, is 320 or more square feet in floor area, 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, and electrical systems contained therein; or a structure that otherwise comes within the definition of a "manufactured home" under the National Manufacturing Housing Construction and Safety Standards Act of 1974, as amended (42 USC 5401—5445).

For the purpose of the administration of this ordinance, the term manufactured home shall not be interpreted to include travel trailer. Manufactured home dwellings greater than 15 years of age are not permitted to be installed or relocated within Young Harris, Georgia.

(26)

Manufactured home park. A parcel of land or any portion thereof under which has been designed, planned, or improved for the placement of two or more manufactured homes for residential use, including land, buildings, and facilities used by the occupants of manufactured homes on such property.

(27)

Manufactured home space. A parcel of land within a manufactured home park, which is reserved or leased for the placement of an individual manufactured home and accessory structures for the exclusive use of its occupants.

(28)

Manufactured home subdivision. A site which has been designed for subdivision of, or is subdivided into, individual lots for the erection of a manufactured home on each lot.

(29)

Mixed use. A single building containing more than one type of land use; or a single development of more than one building and use, where the different types of land uses are in close proximity, planned as a unified complementary, cohesive whole. This term includes live-work units, which are jointly used for commercial and residential purposes but where the residential use of the space is secondary or accessory to the primary use as a place of work. This term is distinguished from a dwelling containing a home occupation or home industry.

(30)

Mobile home. A structure, transportable in one or more sections, which, in traveling mode, is eight body feet or more in width or 40 body feet or more in length, when erected on site, is 320 or more square feet in floor area, 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, and electrical systems contained therein; and which has not been inspected and approved as meeting the requirements of the National Manufacturing Housing Construction and Safety Standards Act of 1974, as amended (42 USC 5401—5445). A mobile home is distinguished from a manufactured home as defined herein.

Mobile homes do not meet current building codes, and are not permitted in Young Harris, Georgia.

(31)

Model home. A dwelling temporarily used as a sales office or demonstration home for a residential development under construction, said dwelling being used as an example of a product offered for sale to purchasers (by a realtor, building developer, or contractor). The dwelling may be furnished but is not occupied as a residence while being used as a model home.

(32)

Modular home. Any structure or component thereof, designed primarily for residential occupancy which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation, or assembly and installation, on the building site, and which is designed and constructed to conform to the local building code rather than a national housing or construction code. For purpose of this ordinance, a modular home that meets the local building code shall be considered the same as a detached, single-family dwelling and permitted under the same zoning districts as a detached, single-family dwelling.

(33)

Motel. A public commercial lodging facility intended for use as temporary residence, which may also include provision of meals, entertainment and various personal services, provided for compensation to persons traveling for business, tourism or other visitation purposes, distinguished from a hotel in that ingress and/or egress to and from all rooms is made primarily from an exterior walkway rather than from an interior lobby.

(34)

Nursing home. A long-term care facility which admits patients by medical referral and provides for continuous medical supervision via 24 hour-a-day nursing care and related services in addition to food, shelter, and personal care. A nursing home may be licensed as a skilled nursing facility, an intermediate care facility, or an intermingled facility.

(35)

Office. A building or portion thereof wherein predominantly administrative, professional or clerical operations are performed, and not involving retail sales or other sales of any kind on the premises.

(36)

Overlay district. A supplementary zoning designation delineated and shown on the official zoning map that is applied to property in addition to an underlying zoning district to highlight special regulations that apply to properties within the overlay district. Where any conflict exists between the regulations of the overlay district and the underlying zoning district, the overlay district regulations shall control.

(37)

Porch. An exterior portion of a structure attached so as to provide a covered entrance to a building.

(38)

Public use. Any building, structure or use owned and/or operated by the federal government, State of Georgia, county, or municipality, or any authority, agency, board or commission of the above governments, which is necessary to serve a public purpose, such as, but not limited to, the following: government administrative buildings, police and fire stations, public health facilities and hospitals, public works camps, parks and community centers, public roads and streets, airports, water and sanitary sewerage storage, intake, collection and treatment, and pumping facilities, public housing facilities, and jails and correctional centers.

(39)

Restaurant. Any place or premises used for sale, dispensing or service of food, refreshment or beverages.

(40)

Retail business. Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

(41)

Rooming house. A building where, for compensation, lodging only is provided.

(42)

Setback, front yard. The distance between the front building line, including any extensions of the foundation for garages, porches, decks, etc., and the centerline of the street extending the full width of the lot.

(43)

Setback, rear yard. The distance between the rear building line, including any extensions of the foundation for garages, porches, decks, etc., and the rear lot line extending the full width of the lot.

(44)

Setback, side yard. The distance between the side building lines, including any extensions of the foundation for garages, porches, decks, etc., and the side lot line extending the full width of the lot.

(45)

Shrub. A bush or similar form of vegetation which is distinguished from a tree by its multiple stems and lower height, usually less than 15 feet tall at maturity.

(46)

Special use. A special use is a use that would not generally be appropriate without restriction, but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, or general welfare. Such uses may be permitted in zoning districts that allow special uses, if specific provisions for such special use are defined in the ordinance.

(47)

Specimen tree. Any tree which has been determined by the city to be of high value because of its type, size, age, and/or historical significance, or other professional criteria, and has been so designated in administrative standards established by the city.

(48)

Stream, perennial. A watercourse having a source, terminus, banks, and channel through which water flows on a continuous basis as depicted on the most recent United States Geological Survey Map.

(49)

Street, local. A public or private thoroughfare which is open to the general public and which affords the principal means of access to abutting property.

(50)

Street, major or arterial. For the purposes of the ordinances of the City of Young Harris, major or arterial street shall mean U.S. Highway 76 and Georgia State Route 66.

(51)

Structures. Anything placed, constructed or erected on the ground or attached to something located on the ground, including a "manufactured home" and/or "industrialized building" as the terms are defined by this ordinance.

(52)

Subdivision. A division of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development, whether immediate or future, including all division of land involving the dedication of a new street or a change in existing streets. The word "subdivision" includes re-subdivision and, when appropriate to the context, relates either to the process of subdividing or to the actual land or area which is subdivided.

(53)

Subsistence farming. Producing enough food to meet the needs of the farmer/family, but no more.

(54)

Tree. Any self-supporting wood perennial plant which at maturity attains a trunk diameter of four inches or more measured at a point 4½ feet above the ground level and which normally attains a height of at least 15 feet at maturity, usually with one main stem or trunk and many branches.

(55)

Tree density unit. A unit of measure used to prescribe and calculate required tree coverage on a site. Unit measurements are based upon tree size.

(56)

Tourist court. A motel for motorists; provides direct access from rooms to parking area; motor lodge.

(57)

Travel trailer. Any portable structure or vehicle designed for highway travel, and which is used or intended to be used for either living, sleeping, cooking or eating purposes.

(58)

Variance. A minimal relaxation or modification of the strict terms of the height, area, placement, setback, yard, buffer, landscape strip, parking and loading regulations as applied to specific property when, because of particular physical surroundings, shape, or topographical condition of the property, compliance would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make a profit.

(59)

Watershed. A drainage area or basin in which all land and water areas drain or flow toward a downstream collection area such as a stream, river, lake, or reservoir.

(60)

Wholesale business. An establishment engaged in selling merchandise to retailers, to industrial, commercial, institutional or professional business users or to other wholesalers.

(61)

Yard. An open space on the same lot with a principal building, and unoccupied except as permitted by this ordinance.

(62)

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

(63)

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

(64)

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

(65)

Zoning decision. Any final legislative action by the city council which results in the adoption of:

(1)

The adoption or repeal of a zoning ordinance;

(2)

The adoption of an amendment to a zoning ordinance which changes the text of the zoning ordinance;

(3)

The adoption or denial of an amendment to a zoning ordinance to rezone property from one zoning classification to another;

(4)

The adoption or denial of an amendment to a zoning ordinance to zone property to be annexed by the city;

(5)

The grant or denial of a special use permit; or

(6)

The grant or denial of a variance or conditions concurrent and in conjunction with a decision pursuant to subparagraphs (3) or (5) of this paragraph.

(Ord. No. 2021-ORD-6, 4-6-2021; Ord. No. 2023-ORD-003, § 1, 6-6-2023)