§ 110-1. Definitions.

For the purpose of interpreting this UDO, certain words and terms used herein shall be defined as follows and may be referenced in other titles of this UDO:

Accessory building or structure: A building or structure which is clearly subordinate and incidental to and is customarily found in connection with a principal building and located on the same lot therewith.

Acupuncture clinic: A practice that provides a form of therapy, as regulated by the Acupuncture Act of Georgia O.C.G.A. § 43-34-60 et seq., developed from traditional and modern Oriental concepts for health care that employs Oriental medicine techniques, treatment, and adjunctive therapies for the promotion, maintenance and restoration of health and the prevention of disease.

Adult entertainment establishment: A commercial enterprise that offers 15 percent or more of its trade consisting of sexually oriented material, devices, or paraphernalia or specified sexual activities or any combination or form thereof, whether printed, filmed, recorded or live and which restricts or purports to restrict admission to adults or to any class of adults; or a business establishment advertising and offering for sale and/or rental adult clothing, lingerie, toys, or novelty items. "Adult entertainment establishment" includes, but is not limited to:

Adult movie theatre: A business establishment open to the public, or to members, that maintains display devices for viewing on the premises files, videos or other viewable material, if a substantial portion of the stock or trade is characterized by an emphasis on matters depicting, describing or relating to sexual activities.

Adult store: A business establishment open to the public, or to members, that offers for sale or rental any printed, recorded, photographed, filmed or otherwise viewable material, or any sexually oriented paraphernalia or aid, if a substantial portion of the stock or trade is characterized by an emphasis on matters depicting, describing or relating to sexual activities.

Adult Massage Establishment: Any establishment where a massage technician administers a massage to another person for compensation but does not require licensing as a qualified massage therapist as required by the Georgia Massage Therapy Act, O.C.G.A. title 24A or fails to operate within the parameters of that Act.

Aggrieved party: An individual or party who is directly affected by a judgement or interpretation of this UDO and is entitled to commence an appeal challenging the decision.

Airfield: The DeKalb-Peachtree Airport (PDK).

Alley: A public or private street, which provides access to abutting property and is not intended for general traffic circulation.

Appeal of Administrative Decision: A request for a review by Mayor and City Council of a decision by an official of the city by an aggrieved party.

Approach-departure clearance surface: This surface is symmetrical about the runway centerline extended. It begins as an inclined plane (glide angle) 200 feet beyond the end of the runway at the same elevation as the runway end, and extends for 50,000 feet. The slope of this surface is 40:1 (glide angle).

Automated teller machine: An automated device that performs banking or financial functions at a location remote from the controlling financial institution.

Average grade plane: A reference plane representing the average of finished ground level adjoining a building or structure at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building/structure and the lot line or, where the lot line is more than 6 feet (1,829 mm) from the building/structure, between the building/structure and a point 6 feet (1,829 mm) from the building.

Awning: A roof-like cover that projects from the wall of a building for the purpose of shielding a doorway, or window from the elements.

Basement: The part of a building that is wholly or partly below ground.

Boarding house: A building other than a hotel or motel, where for compensation and by pre-arrangement for definite periods of time, lodging or meals and lodging are provided for four or more persons.

Brew pub: Any eating establishment which meets revenue requirements of the Alcohol Ordinance from the sale of prepared meals and food and in which beer or malt beverages are manufactured or brewed subject to the barrel production limits and regulations under state law.

Buffer: Any area required to screen adjacent properties or to provide protection to a stream bank or body of water.

Building: Any roofed structure attached to the ground and enclosed and isolated by exterior walls and constructed, intended for any use or occupancy.

Building facade: Any exterior wall of any building.

Building footprint: The land area on which a proposed building is located.

Building inspector: The building inspector of the City or his/her designated representative.

Bus station: Any location where patrons of a for-pay motor carrier may purchase tickets for passage, board, or disembark such motor carrier.

Candela (cd): Unit of luminous intensity considered an illumination standard, formerly known as the candle. One candela is one lumen per steradian.

Canopy: A permanent roof-like structure projecting from a building and open on at least one side for shielding a vehicular drive or pedestrian walkway from the elements, or a freestanding roof-like structure intended to shield a vehicular driveway or service area from the elements.

Cemetery: A burial ground or columbarium for earth interments.

Channel: A natural or artificial open watercourse with a definite bed and banks that conducts continuously or periodically flowing water.

Child and personal care uses: The provision of child and personal care services as regulated by the Georgia Department of Early Care and Learning, including "family day care homes," "group day care homes," and "child care learning centers," see those terms for further definition.

Child care learning centers: A program operated by a person, society, agency, corporation, institution, or group that receives pay for group care. The childcare learning center cares for 19 or more children under the age of 18 for less than 24 hours per day (see Child and personal care uses ).

Collection Container: Any container, storage unit or structure, other than an accessory building or shed, that can or is used for the holding of charitable donated items, associated with nonprofit organizations, by the general public, including but not limited to, clothing, toys, books, and newspapers, with the collection of those donated items made at a later date or time and which is located for such purposes outside an enclosed building.

Commercial solid waste: All types of solid waste generated by stores, offices, restaurants, warehouses and other nonmanufacturing activities, excluding residential and industrial wastes.

Commercial vehicle: Limousine, flatbed truck, dump truck, tow truck, bus, school bus, transport wrecker, cab-on-chassis truck, tractor trailer, wheeled attachment, earth-moving machinery, semi-trailer, and any vehicle over 20 feet in length, eight feet in height, or seven feet in width.

Composting: All controlled biological decomposition of organic matter into a stable, odor-free humus.

Comprehensive Plan: Unless otherwise stated, the City of Chamblee Comprehensive Plan approved by the Mayor and City Council pursuant to the Minimum Standards for Local Comprehensive Planning, as prepared by Georgia Department of Community Affairs.

Conservation easement: An agreement between a land owner and the city or other government agency or land trust that permanently protects open space or greenspace on the owner's land by limiting the amount and type of development that can take place, but continues to leave the remainder of the fee interest in private ownership.

Construction: Any site or building preparation, assembly, erection, repair, alteration or similar action, or demolition of buildings or structures.

Convenient cash business: Any business engaged in check cashing, currency exchange, money lending in exchange for personal property as collateral, excluding a state or federally chartered bank, savings and loan association, or credit union.

Convertible space: Space in the ground floor of a multifamily residential building that is designed to readily convert from initial use as dwelling units to one or more nonresidential uses(s) at a later time in a development that is intended to be mixed-use.

Conveyor car wash: A commercial car wash where the car moves on a conveyor belt during the wash. The driver of the vehicle can remain in the vehicle or wait outside of the vehicle.

Corner commercial: Commercial retail and service use intended for convenience of an adjacent neighborhood.

Craft brewery: A building or group of buildings where beer is brewed, bottled, packaged and distributed for wholesale and/or retail distribution.

Craft distillery: A building or group of buildings where distilled spirits are manufactured (distilled, rectified, or blended), bottled, packaged, and distributed for wholesale and/or retail distribution.

Curb cut: Any interruption or break in the line of a street curb for the purpose of connecting a driveway to a street, or otherwise to provide vehicular access to abutting property.

Decibel (dB): The unit of measurement for sound pressure level at a specified location.

dBA is the A-weighted unit of sound pressure level. See A-weighting.

dBC is the C-weighted unit of sound pressure level. See C-weighting.

Dedication: An intention by the owner, of a right to use land for a specified purpose(s) that is carried out by written document.

Developed property: Property upon which a building, structure, pavement, or other improvements have been placed.

Developer: A person who undertakes land development activities.

Development: Any manmade change to improved or unimproved real estate, including but not limited to, buildings or other structures, mining, dredging, filling, clearing, grubbing, grading, paving, any other installation of impervious cover, excavation or drilling operations or storage of equipment or materials.

Development of Community Impact: Any development or building project with an aggregate of 20,000 square feet or more of new buildings or a site consisting of two acres or more and requires a greater amount of scrutiny based on its potential impacts.

Drive-through establishment: A business establishment so developed that its retail or service character includes providing a driveway approach and service window for motor vehicles so as to serve patrons as they are seated in the motor vehicle and passing by the service window rather than serving them from within a building.

Driveway: A vehicular connection between the right-of-way of a street and to a vehicle parking, loading, or maneuvering facility, lots, building sites, uses, or other divisions of land and not intended to be public ingress and egress. A driveway is not considered a street.

Dry cleaning and laundry establishments: A business establishment open to the general public for laundry/dry cleaning purposes. For purposes of this ordinance, a dry cleaner/laundry excludes a dry cleaning plant, which serves solely to dry clean clothing processed for other dry cleaners and not open to the public.

Dry cleaning plant: A building used or intended to be used for cleaning fabrics, textiles, wearing apparel, or articles of any sort with chemical solvents having little or no water, and which serves solely to dry clean clothing processed for other dry cleaners and not open to the general public.

Dwelling, accessory: An ancillary or secondary living unit that has a separate kitchen, bathroom, and sleeping area, existing either within the same structure or on the same lot as the primary dwelling unit. Accessory dwelling units are also known as accessory apartments, garage apartment, granny flats, or mother-in-law flats.

Dwelling, multifamily: A building designed for and containing two or more dwelling units.

Dwelling, single-family: A structure containing not more than one dwelling unit designed for residential use and not attached to another dwelling unit.

Dwelling, single-family attached (Townhouse): A dwelling unit which is located on an individual lot of record and which is attached to another dwelling unit or any adjoining lot by a common wall.

Dwelling, single-family detached: A single-family dwelling that is located on an individual lot of record.

Dwelling unit: A building or portion thereof, providing complete, independent living facilities for one or more persons, including provision for living, sleeping, eating, cooking, and sanitation, but not including units in hotels or other structures designed for transient residence.

Dwelling, zero lot line: A dwelling unit built with one side adjacent to the side property line.

Easement: A grant by the property owner of a strip of land for specified purposes and use by the public, a corporation, or persons.

Encroachment: Any portion of a structure, appurtenance, or other item or activity extending beyond a designated point or limit.

Event center: A multi-purpose facility generally used for meetings, parties, banquets, weddings, and other social gatherings, conventions, and the display of merchandise by a wide variety of industrial groups, professional groups, social groups and trade organizations.

Existing manufactured home park or subdivision: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and final site grading or the pouring of concrete pads) is completed before July 1, 2006.

Expansion to an existing manufactured home park or subdivision: The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.

Extended-stay motel/hotel: Any building containing six or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes for guests and contain kitchen facilities for food preparation, including but not limited to, such facilities as refrigerators, stoves, and ovens. May also be known as "apartment hotels."

Family: A group of individuals related by blood, marriage, adoption, guardianship or other custodial relationship, or not more than four persons not so related, living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan. The term "family" does not include any organization or institutional group.

Family day care home: A program that operates in a private residential home less than 24 hours per day. It provides care for three children, but no more than 6, under the age of 18 for pay.

Farmers market: Farmers market means a sales venue, most often outdoors and seasonal in nature, at which producers or their representatives follow state regulations for the offering of locally grown produce, value-added agricultural products, and/or fresh baked goods, produced by the seller, for sale directly to the public. Also sometimes called greenmarket.

Fence : A structure designed to provide separation and security, constructed of materials including chain link, wire, metal, artistic wrought iron, vinyl, plastic and other such materials.

Fenestration: An opening in the exterior surface of a structure or building, primarily achieved with glass.

Fill: A portion of land surface to which soil or other solid material has been added; the depth above the original ground surface or an excavation.

Financial institution (also includes institutions under GA Industrialized Loan Act): An establishment that focuses on dealing with financial transactions, such as investments, loans, and deposits.

Finished grade: The final elevation and contour of the ground after cutting or filling and conforming to the proposed design.

Flight hazard: Any structure or natural growth or use of land, which obstructs or restricts the airspace required for the safe operation of aircraft in landing, takeoff, or maneuvering areas at or near the airfield.

Flight school: A space or facility that is located on, or adjacent to an airport and used exclusively as a school for training students to fly airplanes.

Floor area: The gross horizontal areas of a building, including mezzanines and lofts, exclusive of garages, parking structures, basements, open balconies and porches, and equipment and service areas, measured from the exterior face of the exterior walls of a building.

Floor area ratio (FAR): The total floor area of a building divided by the total area of the lot the building is located on, expressed as a ratio.

Frontage: The width in linear feet of each lot where it abuts the right-of-way of any public street, or along the curb where it adjoins a private street.

Frontage, building: The width in linear feet of the front exterior wall of a particular establishment.

Future development map: The map located in the City of Chamblee Comprehensive Plan that designates the future land uses for the City of Chamblee.

Governing authority/body: The Mayor and Council of the City of Chamblee.

Grading: Altering the shape of ground surfaces to a predetermined condition; this includes stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filled condition.

Grasscrete or grasspave: Paving systems primarily used for parking that utilize porous elements, which facilitate the drainage of stormwater runoff.

Greenway: A linear park and alternative transportation route approved by the City that provides passive recreational opportunities, pedestrian and/or bicycle paths, and conservation of open spaces or natural areas.

Gross floor area (GFA): The total covered floor area inside the building envelope, including exterior walls, and excluding the roof.

Group day care home: A program operated by a person, society, agency, corporation, institution, or group that receives pay for group care. The group day care home cares for 7 to 18 children under the age of 18 for less than 24 hours per day (See Child and personal care uses ).

Group residential facility: A residential structure that is licensed to provide room, board, and supervised care for adults, but not continuous nursing care, personal care or halfway house.

Growler: A professionally sanitized and sealed glass bottle meeting the requirements of state law filled by a licensee or an employee of a licensee with beer from a keg procured or produced by the licensee in accordance with applicable laws.

Growler Store: A facility which beer and other malt beverages are distributed for tasting, wholesale, and/or retail distribution in growlers.

Guest room: An accommodation combining living, sleeping, sanitary, and storage facilities within a hotel, motel, boarding house or extended stay.

Halfway house: A licensed home where persons are aided in adjusting to society following a period of imprisonment, hospitalization or institutionalized treatment, wherein supervision, rehabilitation and counseling are provided.

Height of building: The vertical distance measured from the average grade-plane to the coping of a flat roof; to the deck lines of a mansard roof; or to the mid-point of a pitched roof.

Highest adjacent grade: The highest natural elevation of the ground surface, prior to construction, adjacent to the proposed foundation of a building.

Holiday: An official day of festivity or recreation when the offices of the city government are closed for business (other than a Saturday or Sunday).

Home occupation: An accessory use of a dwelling unit for limited commercial purposes.

Hotel: A building in which lodging or boarding and lodging facilities are provided for transient guests, and offered to the public for compensation and in which ingress and egress to and from all rooms are through an inside lobby or office supervised by a person in charge at all hours.

Impervious: Any paved, hardened or structural surfaces, including but not limited to, buildings, dams, decks, driveways, parking areas, patios, streets, swimming pools, tennis courts, walkways or other structures which prevent or impede the infiltration of stormwater into the soil.

Impervious surface, maximum: The maximum impervious surface allowed on a given property.

Impulsive sound: A sound having a duration of less than one second with an abrupt onset and rapid decay.

In-bay automatic car wash: A commercial car wash where the driver pulls into the bay and parks the car. The vehicle remains stationary while a machine moves back and forth over the vehicle to clean it, instead of the vehicle moving through the tunnel.

Industrial or manufacturing property category: Any property, which is used primarily for manufacturing or processing.

Industrialized building: Any structure or component thereof which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation on a building site and has been manufactured in such a manner that not all parts or processes can be inspected at the installation site without disassembly, damage to, or destruction thereof. Industrialized buildings are constructed and regulated in accordance with the Industrialized Buildings Act, Georgia Law 1982 pp 1637—1643 (O.C.G.A. title 8, chapter 2, article 2, part 1).

Innovator space: Space in an existing or new building that is designed to support innovative design, fabrication and wholesale or retail sales of small articles that are unique in design and employ methods of low volume, high value-added production that employ innovative technology and/or artistic skill that are not hazardous or noxious.

Institutional property category: Any property which is used for institutional purposes.

Institutional uses: A nonprofit or quasi-public use, such as a religious institution, library, public or private school, hospital, or government owned or government operated structure or land used for public purpose.

Invasive species: Any species, including its seeds, spores or other biological material capable of propagating that species, that is not native to the Piedmont physiographic region and its related ecosystems; and whose introduction does or is likely to cause environmental harm.

Junkyards: A site where discarded products and materials are stored.

Land development: Any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, clearing, grubbing, grading, paving, any other installation of impervious cover, excavation or drilling operations or storage of equipment or materials.

Land development activities: Those actions or activities, which comprise, facilitate or result in land development.

Land disturbance: Any land or vegetation change, including, but not limited to, clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land.

Land-disturbing activity: Those actions or activities, which comprise, facilitate or result in land disturbance.

Landfill: A location that accepts solid waste for land disposal.

Landing area: That part of the airfield that is used or intended to be used for landing and takeoff of aircraft.

Landscape plan: A plan indicating the location, size, quantity and species of replacement trees and shrubbery.

Landscape zone: Area reserved for the growing and maintenance of landscape materials, including approved street trees and ground cover.

Larger common plan of development or sale: A contiguous area where multiple separate and distinct construction activities are occurring under one plan of development or sale.

Late night establishment: Any establishment licensed to dispense alcoholic beverages for consumption on the premises where such establishment is open for use by patrons beyond 12:30 a.m.

Litter: Any organic or inorganic waste material, rubbish, refuse, garbage, trash, hulls, peelings, debris, grass, weeds, ashes, sand, gravel, slag, brickbats, metal, plastic, and glass containers, broken glass, dead animals or intentionally or unintentionally discarded materials of every kind and description which are not "waste" as such term is defined in O.C.G.A. § 16-7-51(6).

Live-work unit: A structure consisting of a commercial/office component and residential component that is occupied by the business owner.

Lot: Land for which boundaries have been established by some legal instrument such as a recorded deed or a recorded map and which is recognized as a separate legal entity for purposes of transfer of title.

Lot, corner: A lot located at the intersection of two or more streets, provided that the interior angle formed by the intersection is less than 135 degrees.

Lot depth: The mean horizontal distance between front and rear lot lines.

Lot, interior : A lot with only one frontage on a street.

Lot of record: A lot, which is part of an approved subdivision, a plat of which has been recorded in the office of the clerk of the superior court of the county.

Lot, through : A lot that abuts two parallel streets or that abuts two streets that do not intersect at the boundaries of the lot.

Lot width: The distance between side lot lines measured at the minimum building setback line.

Lowest floor: The lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a building's lowest floor; provided that, such enclosure is not built so as to render the structure in violation of other provisions of this chapter.

Mansard: A steeply sloped, roof-like facade architecturally similar to a building wall.

Manufactured home: A building, transportable in one or more sections, built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term includes any structure commonly referred to as a "mobile home" regardless of the date of manufacture. The term also includes parked trailers, travel trailers and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property.

Marquee: A permanent roof-like structure or canopy of rigid materials supported by and extending from the facade of a building, designed and constructed to provide protection from the weather.

Massage establishment: See City of Chamblee Code of Ordinances, Chapter 22, "Business", Article VIII, "Massage and Spa Establishments", Section 22-301 "Definitions."

Mean sea level: The average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this UDO the term is synonymous with National Geodetic Vertical Datum (NGVD) and/or the North American Vertical Datum (NAVD) of 1988.

Mezzanine: One or more intermediate levels between the floor and ceiling of a story. A mezzanine is usually just above the ground or main floor and extending over only part of the main floor.

Mixed-use development: A tract of land or building or structure developed with two or more different uses.

Mobile food unit: Any motor vehicle or non-motorized cart used for the vending of food or beverage items to the public.

Motel: One or more buildings in which lodging or board and lodging are provided for transient guests for compensation. Ingress and egress to and from all rooms are made primarily directly from an exterior walkway rather than from an inside lobby.

Muffler: A sound-dissipative device or system for attenuating the sound of escaping gases of an internal combustion engine, where such a device is part of the normal configuration of the equipment.

Multifamily building: A building containing two or more dwelling units for rent, lease, or ownership.

Multifamily development: One or more buildings each of which contains two or more multifamily units.

Multi-use path: A path physically separated from motor vehicle traffic by a landscaped area or barrier within the street right-of-way or an independent easement. A multi-use path is used by several transportation modes, including bicyclists, pedestrians, joggers, skaters and other non-motorized travelers. Multi-use paths accommodate two-way travel.

Municipality: Any incorporated city within the State of Georgia.

Nonconforming characteristics: Characteristics of use, including but not limited to, off-street parking and loading, lighting, sidewalks, building design requirements, and similar matters pertaining to the use of land, structures, or combinations thereof, that lawfully existed prior to the adoption or amendment of the zoning ordinance and that are not in compliance, as adopted or amended, with the zoning ordinance.

Nonconforming lot of record: A lot that does not comply with the minimum size and dimensional requirements of the UDO but was lawfully established in accordance with former regulations of the City of Chamblee and DeKalb County prior to the adoption or amendment of the UDO making such lot noncompliant.

Nonconforming situation: A nonconforming lot of record, nonconforming use of land, nonconforming structure, nonconforming characteristic of use, or any combination thereof.

Nonconforming structure: A structure, including buildings, that lawfully existed prior to adoption or amendment of the zoning ordinance that could not be built under the current terms of the zoning ordinance by reason of restriction on size, lot coverage, height, yards, location on the lot, or other requirements of the zoning ordinance applicable to said structure.

Nonconforming use: A use of land, including unenclosed or partially enclosed uses, where such use was lawfully established but is no longer authorized in the zoning district in which it is located under the zoning ordinance or future amendments thereto.

Nonresidential space: Space that is not intended for residential occupancy, and not including uses that are accessory to residential uses located in the same building or development, such as a parking, storage, leasing office, or fitness room intended principally for use by such residential occupants.

Nonresidential use: A principal use other than a residential use, and not including uses that are accessory to residential uses. Nonresidential uses do not include space used for leasing offices, fitness centers, storage and similar uses when such space is within the same development with the residential units to which they are accessory.

Non-stormwater discharge: Any discharge to the storm drain system that is not composed entirely of stormwater.

Nonstructural stormwater management practice or nonstructural practice: Any natural or planted vegetation or other nonstructural component of the stormwater management plan that provides for or enhances stormwater quantity and/or quality control or other stormwater management benefits, and includes, but is not limited to, riparian buffers, open and greenspace areas, overland flow filtration areas, natural depressions and vegetated channels.

North American Vertical Datum (NAVD) of 1988: A vertical control used as a reference for establishing varying elevations within the floodplain.

Notice of intent (NOI): A notice of intent form provided by EPD for coverage under the state general permit.

Nursing home: Any building in which aged, chronically ill or incurable persons are housed and furnished with meals and nursing care for compensation.

Open space: A lot or portion of a lot set aside, designated or reserved for the outdoor enjoyment of the public or for all persons occupying a building on the lot, and is preserved as natural areas or is designed as a park or recreational area.

Outdoor storage: The keeping of personal or business property, bulk materials, and motorized equipment outdoors or in a required parking lot for a period exceeding 72 hours. The term "outdoor storage" does not apply to outdoor dining, seasonal sales and other vending that is otherwise authorized by city ordinances.

Overlay district: A zoning district that encompasses one or more underlying zoning districts and that varies certain restrictions required by the underlying zoning district to a greater or lesser degree.

Owner: The legal or beneficial owner of a site, including but not limited to, a mortgagee or vendee in possession, receiver, executor, trustee, lessee or other person, firm or corporation in control of the site.

Parcel: See Lot.

Park: All publicly maintained and accessible recreational areas.

Parking lot or garage: An area or building designated and designed for the temporary storage of motor vehicles.

Parking space: A marked or striped usable hard-surfaced area enclosed within a main or accessory building, or unenclosed, permanently reserved for the temporary storage of one vehicle.

Pawn shop: Any business that loans money on deposit of personal property or deals in the purchase or possession of personal property on condition of selling the same back again to the pledger or depositor, or loans or advances money on personal property by taking chattel mortgage security thereon, and takes or receives such personal property.

Pedestrian walkway: A walking surface similar to a sidewalk, which facilitates the safe, unobstructed and convenient flow of pedestrians internally on a private property.

Permit: The permit issued by the city to the applicant, which is required prior to undertaking any development or building activity.

Person: Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of the State of Georgia, any interstate body or any other legal entity.

Personal care home: A building(s) in which housing, meals, and twenty-four-hour continuous watchful oversight for adults are provided and which facility is licensed or permitted as a personal care home by the State of Georgia. The term "personal care home" shall not include a "child caring institution," "transitional housing," a "rehabilitation housing facility," a "rooming house" or a "boardinghouse." "Personal care home" includes a "community living arrangement," which is an establishment licensed by the state and providing a residence for adults receiving care for mental health, development disabilities and/or addictive diseases.

Personal care home, community: A personal care home that offers care to seven (7) or more persons.

Personal care home, group: A personal care home that offers care to four (4) to six (6) persons.

Pervious: Any surface or element through which water can infiltrate directly into the ground.

Pervious paving: Any paving surface that presents an opportunity for precipitation to infiltrate or percolate directly into the ground.

Phase or phased: Subparts or segments of construction projects where the subpart or segment is constructed and stabilized prior to completing construction activities on the entire construction site.

Place of worship: A building where persons regularly assemble for religious purposes and related social events and which is maintained and controlled by a religious body organized to sustain religious ceremonies and purposes.

Planned center: A building or group of buildings occupied by two or more retail stores, service establishments, offices, industries or any other businesses that do not share common space, which is located on a property that is in common ownership or condominium ownership. Buildings that are occupied by one or more businesses that share internal common space, such as, but not limited to, a branch bank in a grocery store, a fast-food restaurant in a merchandise store, or booths in a flea market, are not considered planned centers.

Planned unit development: A parcel of land or combination of parcels under control by a single, corporation, firm, partnership, or association, planned and developed as an integral unit, in a single development operation, or a definitively programmed series of development operations and according to a development plan approved by a zoning amendment.

Plat: A map or plan of a parcel of land which is to be, or has been, subdivided.

Premises: Any building, lot, parcel of land, or portion of land whether improved, or unimproved including adjacent sidewalks and parking strips.

Principal building: A building in which is conducted the principal permitted use(s) of the lot on which said building is situated.

Private: Property or stormwater conveyances owned by individuals, corporations, and other organizations and not by city, county, state or federal governments.

Private deed restrictions or covenants: Private deed restrictions or covenants are imposed on land by private landowners. They bind and restrict the land in the hands of the present owners and subsequent purchasers. They are enforced only by the landowners involved and not by any city or other public agency.

Private street: An undedicated, paved roadway that provides access to abutting properties within a development and is not owned, leased, or controlled by a governmental entity.

Produce: Agricultural products especially fruits, vegetables, herbs and flowers that have been grown, raised, foraged or otherwise produced. Home-processed meat and poultry or custom-processed meat and poultry, including wild game are expressly excluded from this definition.

Project: The entire proposed development project.

Public: The term "public," when used as a modifier for such words as building, park, right-of-way, and similar words, shall mean "government-owned" or "government-operated."

Public authority: Any member of a governing authority, any housing authority officer, or any officer who is in charge of any department or branch of the government of the municipality, county, or state relating to health, fire, or building regulations or to other activities concerning dwellings, buildings, or structures in the county or municipality.

Public officer: The officer who is authorized by O.C.G.A. § 41-2-7, this Code section, and O.C.G.A. §§ 41-2-9—41-2-17 and by ordinances adopted under O.C.G.A. § 41-2-7, this Code section, and O.C.G.A. §§ 41-2-9—41-2-17, to exercise the powers prescribed by such ordinances or any agent of such officer or officers.

Recreation area or park: An area of land or combination of land and water resources for public use that is developed for active and/or passive recreational pursuits with various manmade features that accommodate such activities. Such areas shall be designed in the form of playgrounds, parks, squares, greenbelts and parkways. They shall be designed to serve the immediate neighborhood in which they are located, or can be regional in scope, serving several neighborhoods (see "Open space") .

Recreational vehicle: A vehicle, which is:

(1)

Built on a single chassis;

(2)

Four hundred square feet or less when measured at the largest horizontal projection;

(3)

Designed to be self-propelled or permanently towable by light duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

Recycled water system: A water system that captures and reuses water previously used in wash or rinse cycles of a car wash.

Regulation: Any regulation, rule, development standard, or other requirement prepared by the department and adopted by the governing body pursuant to the requirements of this UDO.

Remodel: Altering or improving a dwelling, building or structure and the cleaning or removal of debris, trash, and other materials present and accumulated which create a health or safety hazard in or about any dwelling, building or structure.

Residential property: All property used for single-family detached, single-family attached, or multifamily residences, or mixed-use development that contains one or more dwelling units.

Residential zoning district: Those zoning districts that have residential uses as the primary use (NR-1, NR-2, NR-3 and VR zoning districts).

Restaurant, drive-through: Any eating establishment where the primary activity is oriented toward use by the motoring public by providing curb, carryout, pick-up and other related services.

Retaining wall : A structure constructed and erected between lands of different elevations to protect structures and/or to prevent erosion.

Seasonal activity: Seasonal activities generally refer to private or nonprofit events of community interest including carnivals, health fairs and holiday fairs.

Self-service car wash : A commercial car wash where the customers wash their cars themselves with spray wands and brushes.

Self-storage, climate-controlled: A development of one or more enclosed structures providing individually accessible compartments each of which is leased to the general public for the purpose of storing non-hazardous personal property and not used for residential occupancy, business operation, storage of commercial or industrial inventory or operation of machinery in a climate-controlled building.

Self-storage facility: A development of one or more enclosed structures providing individually accessible compartments each of which is leased to the general public for the purpose of storing non-hazardous personal property and not used for residential occupancy, business operation, storage of commercial or industrial inventory or operation of machinery.

Setback: The distance in feet, that development must remain away from property lines.

Shopping center: A group of commercial establishments having a building composition that is an architectural unit and is not a miscellaneous assemblage of stores; planned, developed, analyzed as a unit, related in location, and providing on-site parking in definite relationship to the types and sizes of stores.

Sign: Any structure, display, or device that is used to advertise, identify, direct, or attract attention to a business, institution, organization, person, idea, product, service, event, or location by any means, including words, letters, figures, design characteristics, symbols, logos, fixtures, colors, movement or illumination. All sign definitions predominantly used in Chapter 260 are included in Chapter 260.

Solar energy system (SES): The components and subsystems required to convert solar energy into electric or thermal energy suitable for use on-site or off-site. The term applies to, but is not limited to, solar photovoltaic (PV) systems, solar thermal systems, and solar hot water systems. The term includes the related transformers, substations, and other equipment, buildings and equipment on the same site that are needed to operate the system and deliver power to the intended use or user.

Solar energy system, accessory: Any of the following components present on the same parcel with a principal use such as a residence, business, industry or public building:

(1)

Roof-mounted on any code-compliant building, including a parking structure;

(2)

Solar energy system integrated into the form or materials of a code-compliant building (shingle, hanging solar, canopy, etc.); or

(3)

Ground-mounted on an area of up to 50 percent of the footprint of the primary structure on the parcel but no more than one acre, including SES covering some or all of a surface parking lot or other hardscape area.

Solar energy systems, principal: A ground-mounted system that is the principal use on the site and not considered an accessory solar energy system.

Sport shooting range: An area designated and operated by a person or persons for the sport shooting of firearms and not available for such use by the general public without payment of a fee, dues, membership contribution or by invitation of an authorized person, or any area so designated and operated by a unit of government, regardless of the terms of admission thereto.

Story: A part of a building included between the surface of one floor and the surface of the floor above or, if there is no floor above, that part of the building, which is between the surface of the floor and the ceiling next above.

Street, public: An accepted right-of-way or public access easement, which affords access to abutting property.

Street right-of-way line: The dividing line between a lot, tract, or parcel of land and a street.

Streetscape: The appearance or view of a street, made up of the combination of the adjacent land uses, public and semi-public space along a street, and design element that make the street a dynamic and inviting space to the user. Design elements include how the paved area is laid out and treated, landscaping, and the fixtures that facilitate its use, such as sidewalks, street trees, lighting, benches and bus shelters.

Structure: Anything constructed or erected with a fixed location on or in the ground, or attached to something having a fixed location on the ground.

Structure, as used in Section 220-1 Runway Protection Zone Overlay District: An object constructed or installed above the ground.

Subdivision: The division of a tract or parcel of land resulting in one or more new lots or building sites.

Tasting room: A use associated with and on the same premises as a brewery or distillery, at which guests may sample the manufacturer's products.

Tattoo parlor: Establishments that provide services, which create an indelible mark or figure, fixed upon the body by insertion of pigment under the skin or by production of scars.

Temporary outdoor sales: Outdoor retail sales and services such as markets or sidewalk sales.

Temporary structure: A structure without any foundation or footing and removed when the designated time period, activity, or use of which the temporary structure was erected has ceased.

Tenant: A natural person, business or other entity that occupies land or buildings by ownership, under a lease, or through payment of rent; an occupant, inhabitant or dweller of a place.

Tenant frontage: The horizontal distance in feet between sidewalls or building end wall of a tenant space fronting on a street.

Tent: A structure, enclosure or shelter constructed of fabric or pliable material supported by any manner except by air or the contents that it protects.

Tobacco products shop: A retail establishment that derives more than 90 percent of its gross revenue from the sale of loose tobacco, plants, or herbs and cigars, cigarettes, pipes, and other smoking devices for burning tobacco and related smoking accessories and in which the sale of other products is merely incidental. Tobacco products shops shall include sales received from use of hookah pipes and sales of electronic cigarettes (e-cigarettes).

Use: The purpose, for which land, premises or a building thereon is designated, arranged or intended, or for which it is or may be occupied, used or maintained.

(1)

Accessory use: A use of land or building or structure or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.

(2)

Permitted use: A use which is lawfully established in a particular zoning district or zoning districts and which conforms to all requirements, regulations and performance standards of such district. A permitted use may be a principal use or an accessory use.

(3)

Principal use: A primary or predominant use of the subject lot.

(4)

Supplemental use: Permitted use that has additional requirements.

Value-added agricultural products: Raw agricultural product to which value has been added by taking such product to, at least, the next state of production. This includes, but is not limited to, packaging, processing, cooking, churning, culturing, grinding, hulling, extracting, drying, smoking, handcrafting, spinning and weaving. Examples include honey, jams, jellies, baskets, wreaths and soaps.

Variance: A modification of the specific provisions of this title granted when strict enforcement of the title would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted.

Yard: That area of a lot between the principal building and adjoining lot lines, open, unoccupied and unobstructed by any portion of a structure from the ground upward, except where encroachments and accessory buildings are expressly permitted herein.

(1)

Front yard: An open, unoccupied space on the same lot with a principal building, extending across the full width of the lot between side lot lines and being that area situated between the street right-of-way and the line established by the front wall or walls of the principal structure projected to intersect the side lot lines. Through lots shall provide front yards for each property line with street frontage.

(2)

Rear yard: An open, unoccupied space on the same lot with a principal building, extending across the rear of a lot from side lot line to side lot line and lying between the rear lot line and the permissible building area on the lot.

(3)

Side yard: An open, unoccupied space on the same lot with a principal building, extending 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.

(Ord. No. 743 , 12-19-17; Ord. No. 748 , 3-20-18)