§ 108-3. Definitions.

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

Accessory building means any structure used or intended for supporting or sheltering any use that is customarily incidental and subordinate to the principal use or building. Accessory buildings include, but are not limited to, storage sheds, carports, detached garages, gazebos, pole barns, pool houses, and the like.

Accessory structure means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground, that is customarily incidental and subordinate to the principal use or building. Structures include, but are not limited to, swimming pools, decks, patios, and the like.

Active recreational facilities means equipment and areas prepared for active use for recreational and leisure purposes, including, but not limited to, playground equipment (swing sets and climbing structures); courts for basketball, volleyball, and tennis; leveled, striped fields for football, soccer, or all-purpose fields; community picnic pavilion (including covered facilities with grills and/or fire pits); and community buildings for recreational events. Trails and bikeways through open spaces shall not be considered active recreational facilities.

Alley means a strip of land dedicated to public use providing vehicular and pedestrian access to the rear of properties which abut and are served by a public road or street.

Apartment means a room or suite of one or more rooms with a private bathroom which is designed or intended for occupancy by, or which is occupied by, one family doing its own cooking therein, or by one person doing his own cooking therein.

Apartment house means any building or portion thereof which contains three or more apartments, the occupants of any two or more of which use any entrance or hall in common and all living units of which are intended to be maintained under single ownership.

Architectural features mean ornamental or decorative features attached to or protruding from an exterior wall, including cornices, eaves, gutters, belt courses, sills, lintels, bay windows, chimneys, and decorative ornaments.

Automobile salvage yard means any establishment which is maintained, used or operated for storing, keeping, buying, repairing or selling wrecked, scrapped, ruined or dismantled vehicles or motor vehicle parts, including filling or gasoline stations with five or more inoperative automobiles or vehicles upon the premises of such business.

Banner means a sign of paper, cloth, plastic or vinyl with no other substantial backing, not permanently affixed to any building or structure.

Bay window means a window assembly whose maximum horizontal projection is not more than two feet from the vertical plane of an exterior wall and is elevated above the floor level of the home.

Block means an area of land within a subdivision that is entirely surrounded by public streets, public lands, railroad rights-of-way, watercourses, or other well-defined and fixed boundaries.

Figure 2.2.A. Block

Boardinghouse means a residential use consisting of at least one dwelling unit together with more than two rooms that are rented or are designed or intended to be rented but which rooms, individually or collectively, do not constitute separate dwelling units. A roominghouse or boardinghouse is distinguished from a tourist home in that the former is designed to be occupied by longer-term residents (at least month-to-month tenants) as opposed to overnight or weekly guests.

Body art, body art services or body art procedures means the practice of physical body adornment by means of tattooing, body piercing, or permanent cosmetics. The term "body art, body art services or body art procedures" does not include practices considered medical procedures by the state board of registration in medicine.

Body art establishment, body art studio, tattoo establishment, tattoo parlor or tattoo studio means any permanent building or structure on a permanent foundation in which all or any of these body art services are performed by a body artist or tattoo artist.

Body artist or tattoo artist means a person who performs tattooing, body piercing or permanent cosmetics. This definition shall not include in its meaning any physician or osteopath licensed under O.C.G.A. ch. 34, title 43, nor shall it include any technician acting under the direct supervision of such licensed physician or osteopath.

Church means a building wherein persons regularly assemble for religious worship, and which is maintained and controlled by a religious body organized to sustain public worship.

Code compliance certificate (CCC) means a certificate of compliance issued by the city manager for property that is located within the Downtown Commercial Overlay District pursuant to the applicant demonstrating compliance with all the requirements for this overlay as established by the city council or designee.

Compatibility means, with regard to buildings, achieving harmony in appearance of architectural features in the same vicinity.

Conditional use means a use not ordinarily permitted but which may be permitted upon the imposition of conditions related to the promotion of the public health, morals or general welfare and designed to minimize the negative impact on surrounding lands. Such conditions may include, but are not limited to, restrictions on land use; height, setback and other non-use requirements; physical improvements to the property and infrastructure serving the property. A conditional use must be approved by the planning commission prior to the issuance of a permit.

Contiguous common parcels mean parcels adjoining or touching other land at a common point and having a common owner, regardless of whether or not portions of the parcels have separate tax lot numbers, or were purchased in different land lots, or were purchased at different times.

Cul-de-sac means a dead-end street of limited length having a primary function of serving adjoining land, and constructed with a turnaround at its end.

Figure 2.2.B. Cul-de-Sac

Cul-de-sac, temporary, means a nonpermanent vehicular turnaround located at the termination of a street or alley.

Deceleration lane means an added roadway lane, of a specified distance and which may include a taper, as approved by the city engineer that permits vehicles to slow down and leave the main vehicle stream.

Display area means the area of the sign used for the purpose of displaying its message and content, excluding the base or support. Also referred to as the sign face or display surface.

Donation bin means a publicly accessible bin or container made of steel, metal, or a similar durable product which is placed on private property by a private company or non-profit organization which is intended for the donation and temporary storage of clothing or other material.

Dormer means a window projecting from a roof.

Duplex means a structure on a single lot containing two dwelling units, each of which is totally separated from the other.

Dwelling means a building or portion thereof designed and used exclusively by individuals for no less than 30-day residential occupancy with complete cooking and sanitary facilities, excluding hotels, motels, boardinghouses, roominghouses, lodginghouse; and institutional care facilities.

Dwelling, attached, means a dwelling unit connected to one or more dwelling units by common vertical walls and all dwelling units are located on a single, common lot. (See Duplex and Townhouse. )

Dwelling, detached, means a dwelling unit entirely surrounded by open space on the same lot.

Dwelling, multifamily, means a building containing three or more dwelling units on one lot.

Dwelling unit means one or more rooms located within a dwelling that creates an independent housekeeping establishment for occupancy by one family with separate toilets and facilities for cooking and sleeping.

Figure 2.2.C. Easement

Easement means a grant of one or more of the property rights by the property owner to and/or for use by the public, a corporation, or another person or entity. (See figure 2.2.C.)

Eave means the projecting lower edges of a roof overhanging the wall of a building.

Flag means any fabric or bunting containing colors, patterns, or symbols used as a symbol of a government, entity, or other organization.

Home business use means a detached single-family dwelling where a use, occupation or activity is conducted entirely within a dwelling by the residents thereof, which is clearly incidental and secondary to the use of the dwelling for residence purposes and does not change the character thereof.

Hospital means an institution providing primary health services and medical or surgical care to persons, primarily inpatients suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.

Junkyard means any establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk or for the maintenance or operation of an automobile salvage yard.

Kennel, commercial, means the boarding, breeding, raising, grooming or training of two or more dogs, cats, or other household pets of any age not owned by the owner or occupant of the premises and/or for commercial gain.

Kennel, private, means the keeping, breeding, raising, showing or training of four or more dogs over six months of age for personal enjoyment of the owner or occupants of the property, and for which commercial gain is not the primary objective.

Light industry means a use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging, where such manufacture takes place in a totally enclosed building.

Loft apartment means a dwelling unit located in the upper story of a building where the ground floor is dedicated to commercial or institutional use.

Lot area means the total area included within the front, side and rear lot lines. (See figure 2.2.E.)

Lot, corner, means a lot abutting upon two or more streets at their intersection. (See figure 2.2.D.)

Lot depth means the average horizontal distance between the front and rear lot lines. (See figure 2.2.E.)

Lot, double frontage, means a lot other than a corner lot that has frontage upon two or more streets that do not intersect at a point abutting the property. (See figure 2.2.D.)

Lot, flag, means a tract or lot of land of uneven dimensions in which the portion fronting on a street is less than the required minimum width required for construction of a building or structure on that lot. (See figure 2.2.D.)

Figure 2.2.D. Lots

Lot frontage means that dimension of a lot or portion of a lot abutting on a street. (See figure 2.2.E.) The lot width in feet shown in table I. Area, yard and height requirements as found in section 108-66, general provisions, shall be the frontage dimension required on a public or private street to permit new construction. Should this requirement prove to be an undue hardship to a property owner, said property owner may request a variance to this requirement from the city planning and zoning commission. (See figure 2.2.E.)

Lot of record means a lot which is part of a subdivision approved in accordance with land subdivision requirements, a plat of which has been lawfully recorded in the records of the clerk of the county superior court; or a parcel of land, the deed of which was lawfully recorded in the same office prior to the date of adoption of the ordinance from which this chapter is derived.

Lot, through. See Lot, double frontage.

Lot width means the shortest distance between side lot lines measured at the regulatory/required front building line, or in the absence of a front building line regulation, the distance between side lot lines measured at the front line of the building located or intended to be located on the lot. (See figure 2.2.E.)

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, 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, air-conditioning, and electrical systems contained therein; or a structure that otherwise comes within the definition of the term "manufactured home" under the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended (42 USC 5401-5445).

Figure 2.2.E. Lot Definitions

Manufactured home park means any property on which three or more manufactured homes, recreational vehicles, or combination thereof are located or intended to be located for purposes of residential or recreational occupancy of a temporary, seasonal, or permanent nature. A campground designed to serve recreational vehicles is also included in this definition.

Manufactured home space means an area within a manufactured home park, distinguished from a lot in a subdivision under fee-simple ownership, upon which a single manufactured home or recreational vehicle is or may be placed. If designed for seasonal or permanent occupancy, a manufactured home space may provide area and be used for storing the belongings of the occupant.

Massage therapy means the application of a system of structured touch, pressure, movement, and holding to the soft tissue of the body in which the primary intent is to enhance or restore health and well-being. The term includes complementary methods, including, without limitation, the external application of water, superficial heat, superficial cold, lubricants, salt scrubs, or other topical preparations and the use of commercially available electromechanical devices which do not require the use of transcutaneous electrodes and which mimic or enhance the actions possible by the hands; the term "massage therapy" also includes determining whether massage therapy is appropriate or contraindicated, or whether referral to another health care provider is appropriate. The term "massage therapy" shall not include the use of ultrasound, fluidotherapy, laser, and other methods of deep thermal modalities.

Mobile home. See Manufactured home.

Natural conditions means the flora, fauna, soil and water conditions that would develop on a specific tract of land if all human interference were to be removed. The tract of land must have been undisturbed for a sufficient period of time for natural processes to dominate the tract. This period of time will vary among environments.

Nudity. See definition at O.C.G.A. § 32-6-75(b)(1).

Nuisance means anything that causes hurt, inconvenience, or damage to another, and the fact that the act done may otherwise be lawful, shall not keep it from being a nuisance. The inconvenience complained of shall not be fanciful, or such as would affect only one of fastidious taste, but it shall be such as would affect an ordinary, reasonable person.

Nursing care home means a facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital.

Off-site means beyond the boundaries of the property in question.

On-site means within the boundaries of the property in question.

Planned center means a single office, commercial, or industrial property that is designed or intended for occupancy by two or more principal businesses that are separately owned and have no corporate relationship.

Planned unit development (PUD) 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 slightly more dense setting than allowable on separate zoned lots.

Recreation, active, means leisure activities that are facility oriented, such as swimming pools, tennis courts, and ball fields.

Recreation, passive, means leisure activities that are natural resource oriented, such as hiking trails, conservation areas, and nature preserves.

Recreational vehicle means a vehicular-type, portable structure without a permanent foundation that can be towed, hauled, or driven and is primarily designed as a temporary living accommodation for recreational, camping, and travel use which includes, but is not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor homes.

Reservation means a method of holding land for future public use by showing proposed public areas on a subdivision plat.

Shade tree means a tree in a public place, street right-of-way, or special easement, planted to provide canopy that will obscure the sun and heat from the ground.

Sidewalk means a hard-surfaced pedestrian access area adjacent to or within the right-of-way of a public road.

Sign means any device, including, but not limited to, the message or content of letters, words, numerals, figures, emblems, pictures, or any part or combination thereof, used for visual communication intended to attract the attention of the public or to publicize the subject thereof. A sign encompasses both the display area and the structure.

Sign, A-frame, means a portable sign that is supported by a rigid, upright frame in the form of a triangle, the letter A, or an inverted V.

Sign, animated, means a sign that has moving parts or includes action, motion, or color changes, or the optical illusion of action, motion, or color changes, including signs using electronic ink, signs set in motion by movement of the atmosphere, or made up of a series of sections that turn, and including any type of screen using animated, scrolling or fading displays, even if the message is stationary.

Sign, changeable copy, means a sign that is capable of changing the position or format of word messages or other displays on the sign face or change the visible display of words, numbers, symbols and graphics by the use of a matrix of electric lamps, movable discs, movable panels, light apertures or other methods where such changes are actuated by either a control mechanism or manually on the face of the sign. Also referred to as readerboards, stringerboards or posterboards.

Sign, directional, means a sign that serves the purpose of guiding safe traffic movements onto, from or on property, and without which there is an increased risk of incompatible traffic movements or obstructions. Examples of directional signs include, but are not limited to, "entrance," "exit," "no parking," "drive through," "loading zone," "stop," and other similar traffic related directives.

Sign, double-faced, means a sign with two identical display areas back to back or with an interior angle between the signs of 60 degrees or less where each sign is designed to be seen from a different direction.

Sign, freestanding, means any sign attached to a structure whose primary purpose is to support the sign and which is not itself an integral part of a building or other structure. Freestanding signs include ground signs and stanchion signs.

Sign, ground, means a freestanding sign with a permanently affixed structural base or planter box, which base or box shall be of the same width as, or greater width than, the display area of the sign; the term excludes freestanding signs meeting the definition of a stanchion sign. Also referred to as a monument sign.

Sign, illuminated—direct, means a sign that emits light from an internal source. Also referred to as an internally illuminated sign.

Sign, illuminated—indirect, means a sign lighted by an external light source. Also referred to as an externally illuminated sign.

Sign, LED, means any sign or portion thereof that uses light emitting diode technology or other similar semiconductor technology to produce an illuminated image, picture, or message of any kind whether the image, picture, or message is moving or stationary. This type of sign includes any sign that uses led technology of any kind, whether conventional (using discrete LEDS), surface-mounted (otherwise known as individually mounted LEDS), transmissive organic light emitting diodes (OLED), light emitting polymer (LEP), organic electro polymer (OEL) or any other similar technology.

Sign, official, means a sign of a non-commercial nature erected in the public interest by or on the order of a government, including safety signs, traffic and street signs, commemorative signs and official or legal notices issued by any court, public agency or officer.

Sign, portable, means any sign that is not permanently affixed to the ground or other permanent structure or a sign designed to be transported periodically from place to place, including, but not limited to, signs designed to be transported by means of wheels; signs posted on the roofs or truck beds of vehicles; and signs mounted or painted on vehicles that are parked or maintained at a location for the purpose of displaying a message visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operation of the business for purposes other than signage.

Sign, projecting, means a sign attached and extending out from a building. Hanging signs are a form of projecting sign.

Sign, roof. means a sign erected and constructed wholly on or over the roof of a building, supported by the roof structure, or extending vertically above the highest portion of the roof.

Sign, spectacular, means and includes beacons, balloons, streamers, and other attention-getting devices.

Sign, stanchion, means a freestanding sign that is mounted on a pole or other vertical support such that the bottom of the display area is more than six feet above the ground and there is no visual obstruction other than the vertical support between the ground and the bottom of the display area.

Sign, standard informational, means a sign with an area of not greater than six square feet, with a sign face made for short-term use, containing no reflecting elements, flags, or projections and which, when erect, stands at a height not greater than three feet and is mounted on a stake or metal frame with a thickness or diameter not greater than 1½ inches.

Sign, temporary, means a sign not intended or designed for permanent display.

Sign, tri-vision, means a sign designed with a series of triangular slats that mechanically rotate in sequence with one another to show three different sign messages in rotation. For purposes of this chapter, a tri-vision sign is not a changeable copy sign.

Sign, wall, means a sign attached to or affixed on a wall or building with the display surface parallel to the wall. Wall signs also include painted signs and signs on canopies and awnings.

Sign, window, means any sign that is placed inside a window or upon the window pane or glass, either inside or outside the building, and that is readable from the exterior of the structure.

Site plan means a neat and approximate drawing of a multifamily residential, institutional, office, commercial, or industrial development, showing the general layout of a proposed development including, among other features, the location of buildings, parking areas, and buffers and landscaping. The site plan is the basis for the approval or disapproval of the general layout of a development in the case of a multiple-family residential, institutional, office, commercial, or industrial development.

Slope means degree of deviation of a surface from the horizontal, usually expressed in percent or degree; the ratio of the difference in elevation between two points on the ground, and the horizontal distance between these two points. For purposes of determining steep slopes, slopes shall be measured between two points on the ground separated by 500 feet or more.

Slopes, steep, means lands with slopes of at least 35 percent, as indicated in the comprehensive plan of the city, or which can be calculated with aid of a United States Geological Survey 1:24,000, 7.5 minute quadrangle topographic map or other available topographic information.

Street, collector, means, unless otherwise defined by the major transportation plan or comprehensive plan, a collector street is a public street whose function is to collect traffic from neighborhoods and local streets and which connects to another public street of equal of greater classification. A collector also may provide direct access to adjacent properties.

Street, local, means, unless otherwise defined in the major transportation plan or comprehensive plan, any public street, except an alley, collector, or arterial, and which has a primary function to provide direct access to adjoining properties and which serves a limited area only, usually a single land subdivision.

Street, major arterial, means, unless otherwise defined by the major transportation plan or comprehensive plan, a major arterial street is a street connecting two or more towns or communities, connecting two highways of equal or greater capacity, or serving as the primary access to a large land area. A major arterial may also serve a large traffic generator (such as an industrial area) and perform a secondary function of providing local access.

Street, marginal access, means a residential street parallel and adjacent to a major thoroughfare and which provides access to abutting properties with protection from through-traffic.

Street, private, means a vehicular travel surface that has not been accepted for maintenance by the city and that is not owned and maintained by a state, county, city, or another public entity.

Street, public, means a vehicular travel surface within a public right-of-way accepted for public use by lawful procedure. The term "street" means "public street" unless otherwise specified.

Tattoo means to mark or color the skin by pricking in, piercing, or implanting indelible pigments or dyes under the skin.

Townhouse means a single-family dwelling, located on a lot, forming one of a group or series of two or more attached single-family dwellings separated from one another by walls, without doors, windows, or other provisions for human passage or visibility through such walls from basement to roof and having roofs which may extend from one such dwelling unit to another, and is part of a contiguous group of at least three, but not more than ten, such townhouses, and shall be considered a multifamily dwelling.

Variance means a grant of relief from the strict requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this Code; a minimal relaxation or modification of the strict terms of this chapter as applied to specific property when, because of particular physical surroundings, shape, or topographical condition of the property, compliance would result in practical difficulty; or a grant of relief from the strict requirements of this chapter due to a proposed project not being able to meet policies and objectives specifically identified in the comprehensive plan.

(Code 2004, § 152.005; Ord. No. 381, 4-10-2006; Am. Ord. No. 456, 9-16-2013; Am. Ord. No. 458, 10-15-2013; Am. Ord. No. 468, 7-28-2014; Am. Ord. No. 479, 1-26-2015; Am. Ord. No. 488, 1-25-2016; Ord. No. 1806, 5-24-2018)