§ 42-1. Definitions.

When used in this chapter, the following words and phrases shall have the meaning given in this section.

Abandonment means the cessation of the use of the property by the owner or lessee without any intention of transferring rights to the property to another owner or of resuming the use of the property.

Abutting means having property or district lines in common, or having property separated by only an alley. Separation by a street right-of-way is not considered abutting.

Accessory apartment means a second dwelling unit either in or added to an existing owner-occupied single-family dwelling, for use as a complete, independent living facility for a single housekeeping unit, with provision within the accessory apartment for cooking, eating, sanitation and sleeping. Such a dwelling is considered an accessory use or structure to the main dwelling that shall not be rented.

Accessory building or use means:

(1)

A building that is not more than two stories in height;

(2)

A use that is subordinate to and serves a principal building or principal use;

(3)

A use that is subordinate in area, extent or purpose to the principal building or use served;

(4)

Contributes to the comfort, convenience or necessity of the occupants of the principal building or principal use; and

(5)

Is located on the same lot as the principal building or principal use.

Adaptive reuse means the development of a new use for an older building or for a building originally designed for a specific purpose.

Agriculture means the cultivation or growth of a field or horticultural crop, including dairying, livestock and poultry raising, farm forestry, and other similar enterprises or uses.

Airport means any area of land, water or mechanical structure which is used for the landing and takeoff of aircraft, including any appurtenant structures and areas which are used or intended to be used for airport buildings, other airport facilities, rights-of-way or easements.

Alley means a private or public thoroughfare that affords only a secondary means of access to a building or abutting property and is not intended for general traffic circulation.

Alteration means:

(1)

Any change in the supporting members of a building;

(2)

Any modification or change in construction;

(3)

Any addition which increases the area or height; or

(4)

Any change in use from that of one district classification to another.

Amusement arcade means a building or part of a building in which three or more pinball machines, coin-operated billiard tables, video games or other similar player-operated amusement devices are maintained.

Amusement park means a facility, primarily outdoors, that may include structures and buildings, where there are various devices for entertainment, including:

(1)

Rides;

(2)

Booths for the conduct of games or sale of items;

(3)

Buildings or structures for shows and entertainment; and

(4)

Food services and souvenir sales areas.

Animal hospital means a facility operated by a licensed veterinarian specifically for the practice of veterinary medicine.

Antique shop means a store or shop for the sale of relics, objects of ancient times or of an earlier period, works of art, pieces of furniture or decorative objects made at a much earlier period than present.

Apartment house means a multifamily dwelling located on a parcel of land under a single ownership, designed for use by three or more housekeeping units, living independently of each other, and doing their own cooking on the premises.

Art gallery means a facility, structure or building used for the display of sculptures, paintings, photographs or other artistic works for public viewing with only incidental sales.

Auction house means a place where objects of art, furniture and other goods are offered for sale to persons who bid on the object in competition with each other.

Automated teller means an accessory facility through which certain banking functions such as deposits and withdrawals can be completed without the personal assistance of a bank employee.

Automobile sales lot means an area of land on which more than one car, truck, van, boat, agricultural vehicle or implement, motorcycle, recreational vehicle or other motorized vehicle exists, and where such vehicles are indicated as for sale, as evidenced by "for sale" signs, dealer tags, warranty signs in windows or other such indications.

Automotive repair garage means a use of land 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.

Bed and breakfast inn means a dwelling unit, or portion thereof, where short-term lodging rooms, with or without meals, are provided for compensation, and where the operator of the inn resides on the premises.

Berm means an earthen structure used as a screening device in conjunction with the planning of grass, shrubbery and trees.

Biomedical waste means:

(1)

Pathological waste;

(2)

Biological waste cultures and stocks of infectious agents and associated biologicals;

(3)

Contaminated animal carcasses (body parts, their bedding and other wastes from such animals);

(4)

Sharps;

(5)

Chemotherapy waste; and

(6)

Discarded medical equipment and parts.

Boardinghouse means a dwelling unit or part thereof in which, for compensation, lodging and meals are provided; personal services may be offered as well.

Broadcasting studio means a room of suite or rooms operated as a radio or television broadcasting studio or station with local broadcast capability or intended for satellite distribution of programs.

Buffer means:

(1)

A landscaped open space 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;

(2)

The 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 extending the developed portion of the common property line; and

(3)

A buffer consisting 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.

Buildable area means the portion of a lot remaining after required yards, buffers and building setbacks have been provided, where construction of principal buildings is permitted. Also known as "building envelope."

Building means any structure, either temporary or permanent, above or below ground, having a roof or other covering, and designed, built, or used as a shelter or enclosure for persons, animals, or property of any kind.

Building inspector means the city building inspector or his authorized representative.

Building, principal, means a building or structure in which is conducted the main use of the property on which the building or structure is located. In any residential district, any structure containing a dwelling unit shall be defined to be the principal building on the lot on which said structure is located.

Building setback line means a line establishing the minimum allowable distance between the main or front wall of a building, including any covered porches, and the street right-of-way or property line when measured perpendicularly thereto.

Bus terminal means an area and building where buses stop to load and unload passengers and luggage or packages and which may include the sale of bus tickets.

Carport means an accessory structure or portion of a principal structure, consisting of a roof and supporting members such as columns or beams, unenclosed from the ground to the roof on at least two sides, and designed or used for the storage of motor vehicles or boats.

Carwash means an establishment engaged in the business of washing vehicles with self-serve automated or staffed facilities.

Cemetery.

(1)

The term "cemetery" means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes.

(2)

The term "cemetery" does not include crematories and mortuaries.

Centerline of street means that line surveyed and monumented by the city and designated as the center of a public street. If a centerline has not been surveyed, it shall be the line running midway between the outside curbs, ditches, right-of-way edges, or pavement edges of such street.

Certificate of appropriateness means a document evidencing approval by the historic preservation commission of an application to make a material change in the appearance of a designated historic property or of a property located within a designated historic district.

Certificate of occupancy means a legal statement or document issued by the building inspector indicating that the building and use or reuse of a particular building or land is in conformity with all applicable codes and regulations, and that such building or land may be occupied for the purpose stated therein.

Change of use means any use that substantially differs from the previous use of a building or land.

Church means an institution that people regularly attend to participate in or hold religious services, meetings and other purposes, including education, day care and recreation facilities when owned and operated by such church.

Circus means the temporary use of land offering entertainment and instruction in the form of such things as thrill rides, games of chance and skill, educational exhibits, display of oddities and the like. The term "circus" also includes carnivals and fairs.

City engineer means the engineer or engineering firm in the employ of the city, or its authorized representative.

Clinic means a building designed and used for the diagnosis and treatment of patients that does not include overnight care facilities.

Club, nonprofit, means a building or facilities 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.

Commercial recreation facility means any use of a building and/or land that involves the provision of sports and leisure activities to the general public for a fee including, but not limited to, the following:

(1)

Amphitheaters and stadiums;

(2)

Assembly halls, auditoriums and meeting halls;

(3)

Billiard halls, poolrooms and amusement/video arcades;

(4)

Bowling alleys;

(5)

Firearms shooting ranges and turkey shoots;

(6)

Golf driving ranges, public golf courses, miniature golf courses and baseball batting cages;

(7)

Private clubs operated for profit, racetracks for animals and motor-driven vehicles, ice and roller skating rinks;

(8)

Horse and pony-riding rinks;

(9)

Circuses and carnivals;

(10)

Indoor and drive-in theaters;

(11)

Physical fitness facilities and health clubs;

(12)

Botanical gardens and zoological gardens;

(13)

Commercial museums and art galleries;

(14)

Racquetball courts; and

(15)

Bungee jumping.

Compatibility means the characteristics of different uses or activities that permit such uses or activities to be located near each other in harmony and without conflict. Some elements affecting compatibility include:

(1)

Intensity of occupancy as measured by dwelling units per acre or gross square footage per acre;

(2)

Pedestrian or vehicular traffic generated;

(3)

Volume of goods handled; and

(4)

Such environmental effects as noise, vibration, odor, glare, air pollution or radiation.

Comprehensive plan means:

(1)

Those coordinated plans or portions thereof which have been prepared by or for the city for the physical development of the jurisdiction; or

(2)

Any plans that designate plans or programs to encourage the most appropriate use of the land in the interest of public health, safety and welfare.

Conditional use means a use (principal and, in some cases, accessory) which would not be appropriate without restriction throughout a zoning district and is not automatically permitted by right within a zoning district, but which may be permitted within a zoning district subject to meeting specific conditions (such as controls on number, size, area, location and activities) contained in these regulations or required by the city. Such uses may be permitted only if approved by the city in accordance with the regulations established in this chapter.

Conditional zoning means the granting or adoption of zoning for property subject to compliance with restrictions as to use, size, density or actions stipulated by the city to mitigate adverse impacts that are anticipated without imposition of such conditions.

Condominium (residential building) means a building or complex of multiple-unit dwellings in which a tenant holds full title to his unit and joint ownership in the common grounds.

Continuing care retirement community means an age restricted development or facility that provides, to individuals of retirement status, accommodations and care such as board, independent living, licensed nursing care and medical or other health-related services, and that typically enters into contracts to provide care.

Contractor's establishment means an establishment engaged in the provision of construction activities including, but not limited to, plumbing, electrical work, building, paving, carpentry and other such contracting activities, including the storage of materials and the overnight parking of commercial vehicles.

Convalescent home means a home for the care of children or the aged or infirmed, or a place of rest for those suffering bodily disorders, wherein two or more persons are professionally cared for.

Convenience store means a small retail store which sells prepackaged food products, household items and other items and which may include the sale of gasoline and diesel fuel.

Conversion means any change in the original use or purpose of a building or lot to a different use.

Curb cut means a provision for vehicular ingress and/or egress between property and an abutting public street.

Day care center means any place operated by a person, society, agency, corporation, institution or group wherein are received for pay for group care, for fewer than 24 hours per day without transfer of legal custody, seven or more children under 18 years of age. A day care center of six children or less may be considered to be a home occupation.

Density means the number of dwelling units developed, or to be developed, per gross acre of land, or the gross square footage of a building per acre of land.

Development means any manmade change on improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or permanent storage of materials or equipment.

Developmentally disabled person means a person with a disability resulting in substantial functional limitations in such person's major life activities, which disability is attributable to mental retardation, cerebral palsy, epilepsy or autism or is attributable to any other condition related to mental retardation because such condition results in the impairment of general intellectual functioning or adaptive behavior similar to that of mentally retarded persons.

District, zoning, means a geographical area designated with the use of symbols on the official zoning map, wherein uses of land are restricted in type, size, height and other limitations as established in these regulations.

Dormitory means a building, the primary purpose of which is to provide living accommodations for individuals, but does not include individual kitchen facilities.

Drive-in means a retail or service enterprise wherein service is provided to the customer who is within a motor vehicle on the outside of the principal building.

Drive-in theater means a facility designed for the outdoor projection of motion pictures onto a permanent screen to be viewed from the patron's automobile.

Dry cleaners means an establishment engaged in providing laundry, dyeing and dry cleaning services to individual customers.

Dry cleaning plant means an establishment engaged in providing laundry, dyeing and dry cleaning services on a large scale for institutions, businesses or other such establishments.

Dwelling means a building, or portion thereof, designed, arranged or used for permanent living, and/or sleeping quarters.

Dwelling, multifamily.

(1)

The term "multifamily dwelling" means a building designed for or occupied exclusively by three or more single housekeeping units with separate kitchen and bath facilities for each family or housekeeping unit, including apartment houses, row houses, townhouses and similar housing types.

(2)

The term "multifamily dwelling" does not including motels, hotels, lodginghouses, hospitals, nursing homes or public institutions such as prisons and mental institutions.

Dwelling, single-family, means a building designed or arranged to be occupied by one single housekeeping unit only.

Dwelling, two-family (duplex), means a building designed or arranged to be occupied by two single housekeeping units living independently of each other.

Dwelling unit.

(1)

The term "dwelling unit" means a building, or portion thereof, designed, arranged and used for living quarters for one or more persons living as a single housekeeping unit with cooking facilities.

(2)

The term "dwelling unit" does not include units in hotels or other structures designed for transient residence.

Easement means:

(1)

A nonpossessory interest in land; and

(2)

A grant by a property owner for the use by the public, a corporation or person, of a portion of land for a specified purpose.

Emergency shelter means a facility providing temporary housing for one or more individuals who are otherwise temporarily or permanently homeless.

Enlargement means an increase in the size of an existing structure or use, including the physical size of the property, building, parking and other improvements.

Erect means to build, construct, attach, hang, place, suspend or affix.

Exterior architectural features means the architectural style, general design and general arrangement of the exterior of the building or other structure including, but not limited to, the kind or texture of the building material and the type and style of all windows, doors, signs and other appurtenant architectural fixtures, features, details or elements relative to the foregoing.

Exterior environmental features mean all those aspects of the landscape or the development of a site that affect the historical character of the property.

Exterminator means an establishment or person engaged in the service of killing insects, mice, rats or other pests.

Family means an individual, or two or more persons related by blood, marriage, adoption or guardianship, or a group of not more than five unrelated persons, occupying a single dwelling unit and using the same cooking facilities; provided, however, that domestic servants employed on the premises may be housed on the premises without being counted as a separate family. The term "family" includes any group that is licensed by the state, or any political subdivision thereof, which contains up to six developmentally disabled persons and up to two supervisors or surrogate parents residing on the premises at one time.

Farm means an area of land principally devoted to agriculture.

Farm supply store means an establishment engaged in the retail sale of animal feeds, fertilizers, agricultural chemicals, pesticides, seeds and other such farm supplies.

Fence means:

(1)

A structural barrier for enclosure, screening or demarcation presenting a solid face or having openings amongst or between its constituents members; and

(2)

A wall separate from or extending from a building.

Finance, insurance and real estate establishments includes, but is not limited to:

(1)

Banks, savings and loan institutions and credit unions;

(2)

Security and commodity exchanges;

(3)

Insurance agents, brokers and service;

(4)

Real estate brokers, agents, managers and developers;

(5)

Trusts; and

(6)

Holding and investment companies.

Flea market means the use of land, structure or buildings for the sale of produce or new or used goods, usually of second quality or at cut-rate prices, in which more than two vendors are accommodated in spaces on the same lot or within the same building.

Floor area means the gross heated, finished horizontal area of the floor of a dwelling unit, exclusive of the basement, attic, carport or garage.

Funeral home means a building or part thereof used for human funeral services, which may contain space and facilities for:

(1)

Embalming and the performance of other services used in preparation of the dead for burial;

(2)

The performance of autopsies;

(3)

The storage of caskets; and

(4)

Chapel services.

Garage means an accessory building or portion of a principal building used only for the private storage of motor vehicles and other personal property as an accessory use.

Glare means a sensation of brightness within the visual field that causes annoyance, discomfort or loss in visual performance and visibility.

Grade means the average of the finished ground levels at the center of all walls of a building.

Greenhouse.

(1)

The term "greenhouse" means a building designed or used for growing or propagating plants with walls or a roof usually designed to transmit light.

(2)

The term "greenhouse" does not include commercial horticultural activities.

Guesthouse means a lodging unit for temporary guests in an accessory building. No such lodging unit shall contain independent cooking or kitchen facilities and shall not be rented or otherwise used as a separate dwelling.

Hazardous waste means any solid waste that is capable of posing a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise, based on factors set forth in applicable regulations of the Environmental Protection Agency (EPA).

Height, building, means the vertical distance measured from the grade:

(1)

To the highest point of the coping of a flat roof;

(2)

To the declines of a mansard roof; or

(3)

To the mean height level between the eaves and ridge of a gable, hip or gambrel roof.

Heliport means an area, either at ground level or elevated on a structure, licensed or approved for the landing and taking off of helicopters, and including auxiliary facilities such as parking, waiting room, or fueling and maintenance equipment.

Helistop means a heliport, but without auxiliary facilities such as parking, waiting room, fueling and maintenance equipment.

Historic district means a geographically definable area designated as a historic district pursuant to the criteria established by chapter 20.

Historic property means an individual building, structure, site, object or work of art including the adjacent area necessary for the proper appreciation thereof, designated by the city as a historic property pursuant to the criteria established by chapter 20.

Home occupation means any occupation or profession engaged in by any occupant of a dwelling.

Hospital means an institution providing health services, for inpatients and medical or surgical care of the sick or injured, including as an integral part of the institution, such related facilities as laboratories, outpatient departments, training facilities, central service facilities and staff offices.

Hotel means a public commercial lodging facility intended for use as temporary residence which may make provisions for 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.

Household pet means an animal which is customarily kept for company or pleasure within a home or yard which is not exhibited to the public and raised for commercial purposes, (e.g., "show dogs"). The term "household pets" include domestic canines, felines, tropical birds, fish, rabbits, rodents and other animals customarily sold in pet stores.

Impervious surface means any material that substantially reduces or prevents the infiltration of stormwater into previously undeveloped land.

(1)

The term "impervious surface" includes, but is not limited to, buildings, paved roads, parking lots and driveways, decks, swimming pools and patios.

(2)

The term "impervious surface" does not include graveled driveways and parking areas.

Inoperable vehicle means any motorized vehicle, other than those vehicles temporarily disabled, incapable of immediately being driven. The term "inoperable vehicle" includes any motorized vehicle without a current vehicle registration tag.

Junk means any scrap, waste, reclaimable material or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed, or other use or disposition. The term "junk" includes inoperable vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, building materials, household appliances, machinery, brush, wood and lumber.

Junkyard/salvage yard means any property involving the abandonment, parking, storage or disassembly of junk including inoperable vehicles or junked machinery, the abandonment, storage, sale, or resale of used auto parts, tires, scrap iron, metal, used plumbing fixtures, old stoves, refrigerators and/or other old household appliances, used brick, wood, or other building/structural materials, used paper, rags or other scrap materials.

Kennel means the housing, breeding, boarding or training of four or more dogs, cats or other domestic animals, operated for the purpose of providing income or revenue.

Laboratory.

(1)

The term "laboratory" means a place devoted to experimental study, such as testing and analyzing.

(2)

The term "laboratory" does not include the manufacturing of products.

Land disturbing activity.

(1)

The term "land disturbing activity" means any activity which may result in soil erosion from water or wind and the movement of sediments into state water or onto lands of the state including, but not limited to:

a.

The clearing, dredging, grading, scraping, excavating, transporting or filling of land; and

b.

Any construction, rebuilding or alteration of a structure.

(2)

The term "land disturbing activity" does not include agricultural and gardening practices.

Landfill.

(1)

The term "landfill" means an area wherein solid wastes are placed, under license, compacted and covered.

(2)

The term "landfill" does not include hazardous or radioactive wastes.

Landscape strip means that portion of a given lot, not covered by buildings, pavement, parking, access and service areas, established as landscaped open space, the width of which is measured from a given property line and extending the developed portion of the property line. A landscape strip, as distinguished from a buffer, may be disturbed by grading or side development but is maintained as landscaped open space. The term "landscape strip" includes grass lawns, decorative planting, berms, walls, fences or other features designed and arranged to produce an aesthetically pleasing effect within and outside of the development.

Landscaping means changing, rearranging or adding to the original vegetation or scenery of a piece of land to produce an aesthetic effect appropriate for the use to which the land is put. The term "landscaping" includes reshaping the land by moving the earth, as well as preserving the original vegetation.

Landscaping service means an establishment engaged in performing a variety of lawn and landscaping services such as lawn fertilizing, mowing, spraying and planting, and the planting and maintenance of landscaping.

Laundromat means a business that provides home-type washing and drying machines for hire to be used by customers on the premises.

Library means a building in which literary, musical, artistic or reference materials are kept for use but not generally for sale.

Loading and unloading space means a space, typically with dimensions of 12 feet by 60 feet, logically and conveniently located for pickups and/or deliveries or for loading and/or unloading, scaled to delivery vehicles to be used, and accessible to such vehicles.

Lodginghouse means a fraternity house, sorority house, dormitory or other such building designed and occupied, with or without separate kitchen or housekeeping facilities for each unit.

Lot means:

(1)

A parcel of land having principal frontage on a public street;

(2)

A developed or undeveloped tract of land in one ownership legally transferable as a single unit of land.

Lot area means the total horizontal area within the lot lines of a lot, exclusive of public street rights-of-way but inclusive of easements.

Lot, corner, means a lot abutting upon two or more streets at their intersection.

Lot coverage.

(1)

The term "lot coverage" means the part or percent of a lot occupied by buildings and structures, including accessory buildings and structures.

(2)

The term "lot coverage" does not include unenclosed parking areas.

Lot depth means the mean horizontal distance from the front lot line to the rear lot line.

Lot, double frontage, means any lot, other than a corner lot, which has frontage on two streets that do not intersect at a point abutting the property.

Lot, flag, means a tract or lot of land of uneven dimensions in which the portion fronting on a public street is less than the required minimum width for construction of a building or structure on that lot.

Lot frontage means the width in linear feet of a lot where it abuts the right-of-way of any public street.

Lot of record means:

(1)

A lot that is part of a subdivision, a plat of which has been recorded in the records of the county superior court clerk; or

(2)

A parcel of land, the deed of which has been recorded in the county superior court clerk's office as of the date of adoption of the ordinance from which these regulations are derived.

Lot width means the horizontal distance between side lot lines measured at the minimum required front yard (regulatory front building setback) line.

Mail order office.

(1)

The term "mail order office" means an establishment that engages in the taking of requests for mail order or telephone or facsimile machine for catalog merchandise.

(2)

The term "mail order office" does not include:

a.

The storage or distribution of catalog merchandise.

b.

An establishment where orders are picked up or taken in person.

Manufactured home means a structure, built to conform to national standards embodied in the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC 5401 et seq.) administered by the United States Department of Housing and Urban Development, 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 mandatory plumbing, heating, air-conditioning and electrical systems contained therein. A manufactured home displays a certificate from the U.S. Department of Housing and Urban Development.

Manufactured home park means a parcel of land under single ownership which has been 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.

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

Manufactured home subdivision means parcels of land planned or improved for the placement of manufactured homes on individual lots for residential use.

Manufacturing, processing and assembling means the mechanical or chemical transformation of materials or substances into new products. The term "manufacturing, processing and assembling" includes:

(1)

Land uses described as plants, factories or mills and characteristically use power driven machines and materials handling equipment;

(2)

Establishments engaged in assembling component parts of manufactured products if the new product is neither a fixed structure nor other fixed improvement; and

(3)

The blending of materials such as lubricating oils, plastic resins or liquors.

Marina means a facility for the storing, servicing, fueling, berthing and securing of boats.

Marquee means a permanent roof-like structure made of metal or other durable material affixed to the wall of a building.

Material change in appearance means:

(1)

A change that will affect either the exterior architectural or environmental features of a historic property or any building, structure, site, object, landscape feature or work of art within a historic district, such as a reconstruction or alteration of the size, shape or facade of a historic property, including relocation of any doors or windows or removal or alteration of any architectural features, details or elements;

(2)

Demolition or relocation of a historic structure;

(3)

Commencement of excavation for construction purposes;

(4)

A change in the location of advertising visible for the public right-of-way; or

(5)

The erection, alteration, restoration or removal of any building or other structure within a historic property or district, including walls, fences, steps and pavements or other appurtenant features.

Materials recovery facility means a solid waste handling facility that provides for the extraction from solid waste of recoverable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials.

Metes and bounds means a system of describing and identifying land by distances or measures (metes) and bearings or direction (bounds) from an identifiable point of reference, such as a monument or other marker or the corner of intersecting streets.

Miniwarehouse means a building or group of buildings that contains varying sizes of individual, compartmentalized stalls or lockers used for storage. The term "miniwarehouse" also means a self-service storage facility.

(1)

The term "miniwarehouse" includes any accessory office or night watchman's residence.

(2)

The term "miniwarehouse" does not include retail sale on the premises, commercial repair or other services, manufacturing or any other commercial use.

Mobile home means a structure, transportable in one or more sections that 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 required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein and manufactured prior to June 15, 1976.

Mobile home park means a parcel of land or any portion thereof under single ownership that has been designed, planned or improved for the placement of two or more mobile homes for residential use, including land, buildings and facilities used by the occupants of mobile homes on such property.

Modular structure means a factory-fabricated, transportable building consisting of units designed to be incorporated on a building site on a permanent foundation into a permanent structure to be used for residential or commercial purposes and which bears a seal of compliance with regulations of either the Southern Building Code Congress International or the Georgia Industrialized Building Act.

Motel means a public commercial lodging facility intended for use as temporary residence, which may also include the 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.

Museum means an establishment engaged in the procurement, care, study and display of objects of historical, educational and cultural value and interest.

Nonconforming lot means a lot, the area, width or other characteristic of which fails to meet requirements of the zoning district in which it is located and which was of record as of the date of adoption of the ordinance from which these regulations are derived. Any lot that was subsequently annexed into the city limits which does not meet the requirements of the particular zoning district shall also be considered a nonconforming lot.

Nonconforming structure means any building or structure that does not conform to the regulations governing the bulk, location, height or size of buildings or structures permitted in the district.

Nonconforming use means any building or use of land or building lawfully existing at the date of adoption of the ordinance from which these regulations are derived or as a result of subsequent amendments to these regulations, which does not conform to the permitted use provisions established in this chapter for the district in which it is located.

Nuisance means:

(1)

Anything that interferes with the use or enjoyment of property, endangers public health or safety, or is offensive to the senses; or

(2)

Anything that causes hurt, inconvenience or damage to another even though it may otherwise be lawful.

Nursing home means a long-term care facility that 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.

Off-street means not located on a street as defined by this section.

Office means 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.

Official zoning map means the map, which accompanies this chapter text and is on file in the city clerk's office, that delineates the geographic location of the boundaries of the zoning districts established in this chapter in relation to natural features, manmade features and/or property uses.

Open air business means any commercial establishment that displays products in a nonenclosed area.

Open space, landscaped, means that portion of a given lot, not covered by buildings, pavement, parking, access and service areas, set aside and maintained as a buffer, landscape strip or other approved open area.

Outdoor display.

(1)

The term "outdoor display" means the keeping of any goods, junk, material or merchandise outside of a business, building or establishment or in an area visible from a public street, for display, advertisement or purposes of attracting rental or sales.

(2)

The term "outdoor display" does not include the temporary loading or unloading of such goods, junk, material or merchandise to or from an enclosed area.

Outdoor storage means the keeping of any goods, junk, material, merchandise or commercial vehicles in the same outdoor place for more than 24 hours.

Parking lot means any public or private open area used for the express purpose of temporary parking of private motor vehicles. A parking lot may be the principal use on a given lot or an accessory use to the principal use on a given lot.

Parking space means an area having an area of at least 160 square feet, or 300 square feet including maneuvering space within a parking lot, to be used exclusively as a temporary parking space for a motor vehicle.

Permitted use means a use that is specifically authorized in a particular zoning district.

Personal care means protective care and watchful oversight of a resident who needs a watchful environment but who does not have an illness, injury or disability which requires chronic or convalescent care including medical and nursing services.

Personal care home means a building or group of buildings, a facility or place in which is provided two or more beds and other facilities and services, including room, meals and personal care for nonfamily ambulatory adults.

Personal care home, congregate, means a personal care home for adults offering care to 16 or more persons.

Personal care home, family, means a personal care home for adults in a family-type residence, non-institutional in character, which offers care to two through six persons.

Personal care home, group, means a personal care home for adult persons in a residence or other type building, non-institutional in character, which offers care to seven through 15 persons.

Photography studio means an establishment engaged in photography for hire for the general public including, but not limited to, portrait, passport, wedding and other special occasion photographs.

Planned unit development means a form of development usually characterized by a unified site design for a number of housing units, clustered buildings, common open space, and a mix of building types and land uses in a more dense setting than allowable on separate zoned lots.

Planning commission means the city planning commission as previously established in this Code.

Pool hall means an establishment containing one or more billiard tables, operated for profit, and open to the general public.

Premises means a lot as otherwise used in this chapter.

Public use means any building, structure or use owned and/or operated by the federal government, state, this county or other county, the city or other municipality, or any authority, agency, board or commission of the governments enumerated in this definition, which is necessary to serve a public purpose, such as, but not limited to, the following:

(1)

Government administrative buildings;

(2)

Police and fire stations;

(3)

Public health facilities and hospitals;

(4)

Public works camps;

(5)

Parks and community centers;

(6)

Public roads and streets;

(7)

Airports;

(8)

Water and sanitary sewerage storage, intake, collection and treatment and pumping facilities;

(9)

Public housing facilities; and

(10)

Jails and correctional centers.

Quarry means a place where rock, ore, stone and similar materials are excavated for sale or off-tract use.

Recreational vehicle means a vehicular type of portable structure which can be towed, hauled or driven and is primarily designed as temporary living accommodations for recreational, camping and travel uses.

Recreational vehicle (RV) park means any lot of land upon which two or more recreational vehicle sites are located, established or maintained for occupancy on a temporary basis by recreational vehicles of the general public as temporary living quarters by campers, vacationers or travelers.

Recycling collection center means a principal or accessory use that serves as a neighborhood or regional dropoff point for temporary storage of recoverable resources such as cans, bottles and newspapers, but specifically excluding processing of such resources.

Recycling plant means a facility in which recoverable resources such as cans, bottles and newspapers are recycled, reprocessed and treated to return such products to a condition in which they may again be used in packaging or for production.

Rehabilitation means the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions of the property which are significant to its historic, architectural and cultural values.

Rehabilitation center means facilities authorized or licensed by appropriate agencies for the primary purpose of rehabilitation of:

(1)

Offenders against the law;

(2)

Persons with drug or alcohol abuse problems;

(3)

Mentally handicapped; and

(4)

Physically handicapped.

Residence for caretaker or night watchman means an accessory residence, located inside or in addition to the principal structure or use of a parcel of land, designed or occupied by security personnel for security reasons only.

Residential district means any R-1, R-1A, R-1B, R-2 or MHP zoning district as indicated on the official zoning map.

Restaurant means any place or premises used for sale, dispensing or service of food, refreshment or beverage.

Restaurant, drive-in, means any place or premises used for sale, dispensing or service of food, refreshment or beverage to persons in automobiles, including those establishments where customers may eat or drink on the premises.

Retail sales means 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.

Retail trade establishment, enclosed, means any business offering goods and products for sale to the public, which operates entirely within a structure containing a roof and walls on all sides, except for outdoor display or other use during business hours and accessory storage in enclosed, subordinate buildings. Incidental repair is also included in this definition. The term "enclosed retail trade establishments" includes, but is not limited to:

(1)

Paint, glass and wallpaper stores;

(2)

Grocery and miscellaneous food stores, including convenience stores that sell gasoline and retail bakeries;

(3)

Apparel, shoe and accessory clothing stores;

(4)

Furniture, floor covering and home furnishing stores;

(5)

Household appliance stores;

(6)

Radio, television and computer stores;

(7)

Musical instrument stores;

(8)

Record, tape and compact disc stores;

(9)

Eating and drinking places not involving drive-in or drive-through facilities;

(10)

Drug stores and proprietary stores;

(11)

Liquor stores;

(12)

Used merchandise stores;

(13)

Sporting goods and bicycle shops;

(14)

Book, art and stationary stores;

(15)

Hobby, toy and game shops;

(16)

Jewelry, gift, novelty, souvenir and antique shops;

(17)

Camera and photographic supply stores;

(18)

Luggage and leather goods stores;

(19)

Sewing, needlework and piece goods stores;

(20)

Catalog and mail order stores;

(21)

Florists;

(22)

Tobacco stores;

(23)

Optical goods stores;

(24)

Newsstands;

(25)

Automotive parts stores not involving repair;

(26)

Video rental and sales stores;

(27)

Watches and clocks;

(28)

Pawnshops; and

(29)

Convenience stores with or without retail gasoline sales.

Retail trade establishment, unenclosed means any business offering goods and products for sale to the public, which does not operate entirely within a structure containing a roof and walls on all sides, and which all or a portion of the goods and products are displayed and/or stored, or business transacted, in the open-air or other shelter not completely enclosed. The term "unenclosed retail trade establishment" includes, but is not limited to:

(1)

Lumber and building materials;

(2)

Retail nurseries and garden supply stores;

(3)

Mobile and manufactured home/modular building dealers;

(4)

New and used car, truck, boat, recreational vehicle, camper, motorcycle and other motorized vehicle sales and leasing;

(5)

Eating and drinking places, including drive-in and drive-through facilities;

(6)

Fuel oil and liquefied petroleum dealers;

(7)

Agricultural implement and equipment sales and rental;

(8)

Christmas tree sales;

(9)

Flea markets;

(10)

Monument sales establishments;

(11)

Automatic teller facilities;

(12)

Gas stations;

(13)

Produce stands; and

(14)

Firewood sales.

Rezoning means an amendment to or a change in the official zoning map.

Right-of-way means that area, distinguished from an easement, which is owned in fee-simple title by the city or other government, for the present or future use of roads, streets and highways, together with its drainage facilities and other supporting uses and structures.

Roominghouse means a building where, for compensation, lodging only is provided.

Sanitarium means a hospital used for treating chronic and usually long-term illness.

Satellite dish antenna means a round, parabolic antenna intended to receive signals from orbiting satellites and other sources.

Scale of development means the relationship of a particular project or development, in terms of size, height, bulk, intensity and aesthetics, to its surroundings.

School means a facility that provides a curriculum of elementary and secondary academic instruction. A school is considered public if operated by a unit of government.

School, trade, technical or business means an establishment in which is offered, for compensation, instruction in a trade, craft, technical field or business skills.

Screening means:

(1)

A method of shielding, obscuring or buffering one use or building from another use or building by fencing, walls, berms, densely planted vegetation, natural vegetation or other means; or

(2)

A visual and acoustical barrier which is of such nature and density that provides yearround maximum opacity from the ground to a height of at least six feet or that screens structures and activities from view from the normal level of a first story window on an abutting lot. Screening methods include opaque fences, walls, hedges, berms and other features.

Semi-public use means any building, structure or use owned and/or operated by private utilities or private companies for a public purpose, or which is reasonably necessary for the furnishing of adequate service by such utilities, such as, but not limited to, underground or overhead gas, electrical, steam or water distribution or transmission lines or systems, electric power substations, wires, towers, cables, and poles, railroad facilities and bus and air terminals.

Septic tank means an approved watertight tank designed or used to receive sewage from a building sewer and to effect separation and organic decomposition of sewage solids, and discharging sewage effluent to an absorption field or other management system.

Service, automotive means an establishment providing services and repairs to motor-driven vehicles including, but not limited to:

(1)

Rental care facilities;

(2)

Automobile parking lots;

(3)

Top and body, paint, automotive glass, transmission and tire repair shops;

(4)

Carwashes, including automated and full-service facilities; and

(5)

Oil change and lubrication.

Service establishment, business, means a facility engaged in support functions to establishments operating for a profit, on a fee or contract basis including, but not limited to:

(1)

Advertising agencies;

(2)

Photocopying, blueprinting and duplication services;

(3)

Mailing agencies;

(4)

Commercial art and graphic design;

(5)

Disinfecting, exterminating and pest control;

(6)

Personnel supply services and employment agencies;

(7)

Computer and data processing services;

(8)

Detective, protective and security system services;

(9)

Accounting, auditing and bookkeeping services;

(10)

Publications and business consulting firms;

(11)

Food catering;

(12)

Interior decorating; and

(13)

Locksmiths.

Service establishment, personal, means a facility engaged in the provision of services to persons and their apparel including, but not limited to:

(1)

Barbershops and beauty shops;

(2)

Coin-operated and full-service laundries and dry cleaners;

(3)

Photographic studios;

(4)

Shoe repair and shoeshine parlors;

(5)

Dance studios, schools and halls;

(6)

Specialized instructional studios and schools;

(7)

Day care centers;

(8)

Massage parlors; and

(9)

Travel agencies.

Service, health, means:

(1)

Health care facilities as well as establishments providing support to the medical profession and patients, such as medical and dental laboratories, blood banks, oxygen and miscellaneous types of medical supplies and services;

(2)

Offices of doctors, dentists and other medical practitioners.

Service, lodging, means a facility which offers temporary shelter accommodations, or place for such shelter, open to the public for a fee including, but not limited to:

(1)

Hotels, motels and motor hotels;

(2)

Roominghouses and boardinghouses;

(3)

Bed and breakfast inns; and

(4)

Recreational vehicle parks and campgrounds.

Service, miscellaneous, means those service establishments not otherwise specifically classified including, but not limited to:

(1)

Animal hospitals and veterinary clinics;

(2)

Funeral homes, mortuaries and mausoleums;

(3)

Construction contractors' establishments not involving outside storage of vehicles or materials;

(4)

Palm reading and fortunetelling;

(5)

Pet grooming, pet psychologists and dog obedience schools; and

(6)

Taxidermists.

Service station means 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.

Setback means the minimum horizontal distance between a street, alley or the property boundary lines of a lot and the front, rear or sidelines of a building located on that lot.

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

Sign means any surface, fabric, device or display that bears lettered, pictorial or sculptured matter designated to convey information visually and which is exposed to public view on the exterior of the building or on surrounding property. For purposes of this chapter, the term "sign" includes:

(1)

All structural members.

(2)

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

Site plan means a graphic illustration, two-dimensional, prepared to scale, showing accurately and with complete dimensioning, the boundaries of a lot or tract and the location of all buildings, structures, uses and principal site development features proposed for a specific lot or tract of land.

Slaughterhouse means an establishment where animals are killed, butchered, prepared for further processing or processed in a final form.

Solid waste means discarded putrescible and nonputrescible waste, except water-carried body waste and recovered materials. The term "solid waste" includes, but is not limited to:

(1)

Garbage;

(2)

Rubbish such as paper, cartons, boxes, wood, tree branches, yard trimmings, furniture and appliances, metal, tin cans, glass, crockery, or dunnage; ashes;

(3)

Street refuse;

(4)

Dead animals;

(5)

Sewage sludges;

(6)

Animal manures;

(7)

Industrial waste, such as waste materials generated in industrial operations;

(8)

Residue from incineration;

(9)

Food processing wastes;

(10)

Demolition wastes;

(11)

Abandoned automobiles; and

(12)

Drudging and construction waste.

Story means that portion of a building comprised between a floor and the floor or roof next above.

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

Street, arterial, unless otherwise specified by the comprehensive plan, transportation element of the comprehensive plan or major thoroughfare plan, means those streets and highway facilities, including full and partial access controlled highways and major urban area entrance highways, which are designed to carry the highest traffic volumes and the longest trips through and within an urban area.

Street, collector, unless otherwise specified by the comprehensive plan, transportation element of the comprehensive plan or major thoroughfare plan, means those streets that collect traffic from minor streets or other collector streets and channel it to the arterial system. Collector streets provide land access and traffic circulation within residential neighborhoods, commercial and industrial areas.

Street, public, means a dedicated and accepted public right-of-way that affords the principal means of access to abutting properties.

Structure means anything constructed or erected, the use of which requires more or less permanent or semi-permanent location on the ground, or which is attached to something having more or less permanent location on the ground, not including utility poles. The term "structure" includes tents, bleachers, gasoline pumps, recreational vehicles, travel trailers signs and structures from which products are vended and similar objects.

Subdivision means the division of a parcel or tract of land into two or more lots for the purposes of creation of lots for development, the rearrangement of existing lot lines, or for the purpose of transfer of ownership.

Taxi cab station means an establishment engaged in furnishing passenger transportation by automobile or van, not operating on regular schedules or between fixed terminals and containing space for taxicab fleets and related office facilities.

Temporary ECHO unit means a removable home which is placed as an accessory structure on the same lot as a detached single-family residence for a specified, limited duration of time. ECHO is an acronym for "Elder Cottage Housing Opportunity."

Temporary use means a use intended for a specified limited duration.

Townhouse means one of a group of three or more attached dwelling units under fee simple ownership.

Transitional use means a permitted use, building or structure that by nature or level and scale of activity acts as a transition or buffer between two or more incompatible uses.

Transportation, communication and utility facilities, includes, but is not limited to:

(1)

Bus passenger stations and terminals;

(2)

Airports, heliports and helistops;

(3)

Taxi cab and limousine services;

(4)

Radio and television studios and broadcasting towers;

(5)

Recycling collection centers;

(6)

Truck stops and truck terminals;

(7)

Trucking and courier services;

(8)

Marinas;

(9)

Railroad facilities;

(10)

Gas, electric and water supply services;

(11)

Emergency medical services; and

(12)

Ultralight flight parks.

Travel trailer means a portable dwelling or lodging unit having no other foundation than wheels, distinguished from a mobile or manufactured home, designed for short-term travel, recreational or vacation use. The term "travel trailer" includes pickup campers and motor homes.

Tree means any self-supporting, woody perennial plant having a single trunk diameter of two inches or more that normally grows at maturity to an overall height of a minimum of 15 feet.

Truck stop means an area principally devoted to the service, refueling, temporary storage or parking of trucks, including accessory buildings, structures and uses such as restaurants.

Truck terminal means an area where cargo is stored for routing or reshipment and where trucks load and unload cargo on a regular basis, or an area in which semitrailers and/or trucks are parked and stored.

Underground storage tank means any one or combination of tanks, including underground pipes connected thereto, which is used to contain an accumulation of regulated substances and the volume of which, including the volume of the underground pipes connected thereto, is ten percent or more beneath the surface of the ground.

Unenclosed area means any area of a given lot or structure that is not covered with a roof and protected by opaque walls on each of the sides of said area or structure.

Use means any purpose for which a building or structure or a tract of land may be designed, arranged, intended, maintained or occupied; or any activity, occupation, business or operation carried on, or intended to be carried on, in a building or structure or on a tract of land.

Utility means public or private water and sewer piping systems, water or sewer pumping stations, electric power lines, fuel pipelines, telephone lines, cable television lines, roads, driveways, river/lake access facilities, stormwater facilities, railroads, airports and bus terminals.

Variance means 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, the 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.

Warehouse means a building or group of buildings for the storage of goods or wares, with controlled access to contents.

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

Wrecked motor vehicle compound means an area used to store disabled motor vehicles until such time as their disposition either by junk, salvage or repair has been determined by the insurance company, the owner of the vehicle or his legal representative.

Yard means a space on the same lot with a principal building, which is open, unoccupied and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted. A yard may contain a parking and/or loading area unless otherwise specified by these regulations.

Yard, front, means a space on the same lot with a principal building, extending the full width of the lot, and situated between the street right-of-way and the front line of the building projected to the side lines of the lot. In the case of a corner lot, both spaces with street frontage shall be considered front yards. In the case of double frontage lots, the spaces as defined in this section shall both be considered front yards.

Yard, rear, means the space on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot.

Yard sale means the temporary sale of home furniture, appliances, clothing or domestic items owned by an occupant of a residential dwelling and taking place on the premises on which such occupant resides, whether in the yard or in a carport or garage, usually as a result of the occupant moving or relocating to another place of residence. Yard sales that do not take place on the premises on which such occupant resides are considered open-air businesses.

Yard, side, means a space on the same lot with a principal building, situated between the building and the side lot line and extending from the rear line of the front yard to the front line of the rear yard.

Zero lot line means the location of a building on a lot in such a manner that one or more building sides have no side-building setback and rest directly on a side lot line.

Zoning means a legislative procedure in which the community is divided into districts or zones within which permitted uses, and in some cases conditional uses, are established as well as regulations governing lot size, bulk, height and other development requirements.

Zoning administrator means the city manager or his authorized representative.

(Ord. of 10-2-1995, § 86-301)