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Section 22-6 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: Accent Window means a window used on a facade that is different in size and shape from the Typical Window. Accessory building means a detached, subordinate structure, the use of which is clearly incidental to, customarily associated with, and related to the principal structure or use of the land, and which is located on the same lot as the principal structure or use. Accessory buildings shall include storage buildings, tool houses, party houses, bath houses (used in conjunction with swimming pools), tree houses and similar uses. Accessory building--side yard requirements. In the case of accessory buildings or structures located on a lot with a principal building, the side yard requirements of the yard in which the lot is located shall be considered as extending from the front lot line to the rear lot line. Accessory use means the use customarily incidental and accessory to the principal use of a building located upon the same building site as the accessory use. Adjoining property line (MH district) means the boundary line between a manufactured housing subdivision and property in another ownership and shall, for the purpose of these regulations, include utility rights-of-way but not street rights-of-way. Administrator zoning means the person, officer, or official and his authorized representative, whom the City Council has designated as its agent for the administration of these regulations. Alley means a public thoroughfare which ordinarily affords only a secondary means of access to abutting property and which is not more than twenty (20) feet wide. Assisted Living Facilities/Institutional (Group) Care means a building or part thereof housing more than 16 persons, on a 24-hour basis, who because of age, mental disability, or other reasons, live in a supervised residential environment that provides personal care service. This classification shall include, but not be limited to, the following: residential board and care facilities, assisted living facilities, half-way houses, group homes, congregate care facilities, social rehabilitation facilities, alcohol and drug centers, and convalescent facilities. Assisted Living Facilities/Personal Care means a building or part thereof housing a maximum of 16 persons, on a 24-hour basis, who because of age, mental disability, or other reasons, live in a supervised residential environment that provides personal care service. This classification shall include, but not be limited to, the following: residential board and care facilities, assisted living facilities, alcohol and drug abuse centers. The stated facilities shall conform and qualify for license under Georgia State law and meet the off-street parking requirements of the City of Thomasville zoning ordinance and shall be based on the number of residents residing and working in the facility. Automobile sales or storage yards or lots means an open premises used for the storage or sale of complete and operable automobiles. Automobile wrecking yard or automobile used parts lot means anywhere three (3) or more vehicles not in running condition, or the parts thereof, are stored in the open, or any building or structure used principally for wrecking or storage of automobiles not in running condition or automobile parts. Basement means a room or story partly underground, and having at least one-half of its height above the average level of the adjoining ground. Abasement shall be counted as a story if used for dwelling or business purposes. Bed and breakfast homestay means the limited use of a residential dwelling to provide overnight lodging utilizing not more than two (2) bedrooms within that dwelling for occupancy by not more than a total of four (4) transient persons per principal dwelling unit for compensation. Board of zoning appeals means the Thomasville Board of Zoning Appeals established by this chapter. Boarding or rooming house means a residential structure in which lodging is provided for compensation to one or more individuals who share with another person cooking, bathroom, or other communal facilities within the residential structure. Building is any structure, except a mobile home, which has a rood and which is for the shelter, support, or enclosure of persons, animals, or property of any kind. Building height means the vertical distance of a building measured from the average elevation of the finished lot grade along the front of the building to the highest point of the building. Cellar means a room or story having more than one-half of its height below the average level of the adjoining ground. A cellar shall not be counted as a story for purposes of height measured. Civic space means a building or complex of buildings that house cultural, recreational, athletic, convention, or entertainment facilities. Club or lodge, private means an incorporated or unincorporated association for civic, social, cultural, religious, fraternal, literary, political, recreational, or like activities, operated for the benefit of its members and not open to the general public. Collector streets mean those streets which serve as feeders to a major street, as collectors of traffic from minor streets, and for circulation around a residential neighborhood. Commission means the Thomasville Planning and Zoning Commission. Common space means land within or related to a development, not individually owned, that is designed and intended for the common use or enjoyment of the residents and their guests of the development and may include such complementary structures and improvements as are necessary and appropriate. Conditional use means a use which within certain districts specified by this chapter is not permitted as a matter of right but may be permitted within these districts by the city council after the planning commission has (1) reviewed the proposed site plans for the use, its location within the community, its arrangement and design, its relationship to neighboring property and other conditions peculiar to the particular proposal which would determine its desirability or undesirability; (2) has found the proposal not to be contrary to the intent of this chapter; and (3) has recommended the use as specified after a public hearing. Condominium means a building or complex of multiple unit dwellings in which each property owner holds full title to a unit and an undivided interest in the common elements. A development consisting of subdivided lots for individual sale shall not be considered a condominium for the purposes of this code section. Corner lot means a lot which abuts on two (2) or more streets, and roads, at their intersection, or upon a curved street, provided that the two (2) sides of the lot, or the tangents to the curve of the street line at its starting points at or within the side lines of the lot, intersect to form an interior angle of not more than one hundred thirty-five (135) degrees. County governing body means the Board of Commissioners of Thomas County, Georgia. Curb cut means the providing of ingress and egress between property and an abutting public street. Dead-end street means a street with no outlet at one (1) end. Development means all new improvements to an undeveloped property, including structures and parking areas; the division of a parcel of land into two or more parcels; any excavation, landfill, or land disturbance; and any new use of the land or extension of use of the land. Dwelling, multifamily means a building either designed, constructed, altered, or used for more than two (2) adjoining dwelling units, with each dwelling unit having a common wall or common floor connecting it to at least one (1) other dwelling unit in the building. Dwelling, single-family means a detached building used and either designed or constructed for one (1) dwelling unit. Dwelling, two-family or duplex means a building either designed, constructed, altered, or used for two (2) adjoining dwelling units that are connected by a common wall and if two (2) story by a common floor. Dwelling unit means an enclosure of one (1) or more rooms, including one (1) kitchen facilitiy, designed or constructed as a unit for residential occupancy by one (1) family only. Expressway means a divided highway for through traffic with full or partial control of access. It contains two (2) lanes or more for traffic going in opposing directions and divided by a median strip, and so designed as to protect the opposing flows of traffic and thus increase the safety and practical capacity of the road for regional and inter-regional traffic Facade means all elevations of a building which are visible from the public right-of-way Family means one (1) or more persons occupying a dwelling unit and living as a single housekeeping unit, as distinguished from persons in their individual capacities occupying a boardinghouse, lodginghouse, hotel, motel, or fraternity or sorority house. Floor area, gross means the total number of square feet of floor area in a building determined by horizontal measurements between the exterior faces of walls, excluding basement areas, porches, carports, and garages. Front lot line means the front lot line of an interior lot separating the lot from the fronting street right-of-way. The front lot line of a corner lot shall be the lot line upon which the principal building entrance will front. Frontage means the distance for which property abuts one (1) side of a street, road, or highway, or other public way measured along the dividing line between the property and such road, or highway, or other public way. Frontage roadway or access street means a roadway contiguous to and generally paralleling an expressway, major street or highway, or through street or highway and so designed as to intercept, collect and distribute traffic desiring to cross, enter, or leave such facility, and to furnish access to property which otherwise would be isolated as a result of controlled-access features peculiar to topographic conditions. Garage means a building used for the storage or housing of motor-driven vehicles. Garage, private means a garage intended for and owned or used by the members of families resident upon the premises provided that not more than one-half of the garage space may be rented for private vehicles owned or used by persons not resident on the premises, except that all the space in a garage of one (1) or two (2) car capacity may be so rented. Such a garage shall not include those used by more than one (1) commercial vehicle per family resident on the premises, and no such commercial vehicle shall exceed two (2) ton capacity, nor shall such garage provide for the repair or equipping of such vehicles. Garage, service means a garage used for repair of vehicles. Garage, storage means a garage used primarily for storage of vehicles. Guesthouse means an accessory building to be used solely by the occupant of the main building for his pleasure or recreation or to house nonpaying guests. Guestroom means a room which is designed or intended for occupancy by, or which is occupied by, one (1) or more guests, but in which no provision is made for cooking, and not including dormitories for sleeping purposes. Home occupation means an occupation for gain or support customarily conducted on the premises by a person or family residing thereon. The term "home occupation" shall not be deemed to include a tourist home. Hospital means any institution receiving in-patients or a public institution receiving out-patients, and authorized under state law to render medical or obstetrical care or both. The term "hospital" shall include a sanitarium for the treatment and care of senile psychotics or drug addicts, but shall not include office facilities for the private practice of medicine or dentistry. Hotel means any building containing sleeping rooms for the more or less temporary occupancy of individuals who are lodged with or without meals, with no provision made for any cooking in any individual room or suite. Hotel, apartment means any building which satisfies both the definition of a multiple- dwelling house and that of a hotel as defined by this section. Industrial street or boulevard means a street of some continuity used primarily by all forms of commercial or industrial vehicular traffic and used for intercommunication between commercial areas and residential areas and industrial districts, or between industrial districts. Interior lot means a lot which is not a corner. Junkyard means the use of property for outdoor storage, keeping, abandonment, sale, or resale of junk including scrap metal, rags, paper or other scrap materials, used lumber, salvaged house wrecking and structural steel materials, and equipment, or for the dismantling, demolition, or abandonment of automobiles or other vehicles or machinery or parts thereof. Kennel means the housing of four (4) or more dogs. Land or territory subdivision means a parcel or tract of land the dimensions of which are shown on a map on file with the Clerk of Superior Court of Thomas County, Georgia, as of the date of the adoption of the ordinance from which this section derives. Landing area means the area of the airport used for the landing, take-off, or taxiing of aircraft. Limited Use (L.U.) means a specific district or zone established pursuant to the Code of the City of Thomasville, Georgia, which zoning district is more particularly defined in paragraph (13) of section 22-81 of Chapter 22, Zoning. Lot includes the word "plot" or "parcel" and means a parcel of land occupied or intended to be occupied by a principal building or use and any accessory building and uses customarily incident to it, including open spaces not less in extent than those required in connection therewith by this chapter. A "lot of record" is a parcel of land, the dimensions of which are shown on a map or plat on file with the Clerk of Superior Court of Thomas County, Georgia, and which actually exists as so shown, or any part of such parcel held in a recorded ownership separate from the ownership of the remainder thereof. All lots recorded after adoption of the ordinance from which this section derives shall front on and have ingress and egress by means of a public street, road or highway. Lot depth means the distance between front and rear lot lines. If two (2) opposite sides of such lot are not parallel, the depth shall be deemed to be the mean distance between the front and rear lot lines. Lot, through means a lot other than a corner lot, having frontage on more than one (1) street. Lot width means the distance between the side lot lines, measured along the front yard setback line as established by this chapter, or, if no setback line is established, the horizontal distance between the side lot lines measured along the street right-of-way line. Major street or highway means a highway primarily for through traffic, usually on a continuous route, with intersections at grade and having direct access to abutting property, and on which geometric design and traffic control measures are used to expedite the safe movement of through traffic. Manufactured home means a detached single-family dwelling unit, designed for long-term occupancy, which has been prefabricated and then transported to its site or to a sales lot on its own wheels, and requires only minor work before occupancy such as connection to utilities or to a foundation. Such units are usually fully equipped and furnished as opposed to a prefabricated house which may be constructed on or off its proposed site. Manufactured housing subdivision means a subdivision of land intended for the sale of lots to individuals for the placement and occupancy of manufactured homes. Master plan (comprehensive plan) means any legally adopted part, maps or element of the master plan as provided by the General Assembly of Georgia, Georgia Laws 1957, pages 420--443, approved by a vote of thePlanning Commission, and, when legally required, adopted by the City Council. Mini-storage building means a small storage building which does not exceed three thousand (3,000) square feet in area and may be used for general storage purposes by one (1) or more persons as a single building or divided into compartments and may be leased or rented to the general public. Hazardous materials listed in section 408.3 of the 1988 edition of the Standard Building Code are not permitted. Minor or local street means a street primarily for access to abutting property. Motel means any building containing sleeping rooms for more or less temporary occupancy of individuals who are lodged with or without meals and where the design favors a direct vehicular approach to each sleeping or living room. Any building or structure exceeding two (2) stories in height shall be classified as a hotel rather than a motel. Natural grade means the elevation of the ground adjoining the building. Nonconforming use means any use of a building or of land that does not conform to the regulations for the district in which it is situated as of the effective date of adoption of the ordinance from which this section derives. Nursery school means an agency, organization, or individual providing daytime care of four (4) or more children not related by blood or marriage or not the legal wards or foster children of the attendant adult. Nursing home means a rest home, nursing home, convalescent home to render domiciliary care, but not including facilities for the care of mental patients, epileptics, alcoholics, drug addicts and not including nursery schools. Open space means any parcel or area of land or water set aside, designated, dedicated, or reserved for public or private use or enjoyment and for the use and enjoyment of owners, occupants, and their guests of land adjoining or neighboring such open space. Open space may include active recreational facilities such as play equipment for youngsters, ball fields, picnic tables. Parking lot means a parcel of land devoted to unenclosed parking spaces which may include partially enclosed one-story buildings, and where a charge is made for storage or parking of vehicles. Parking lot accessory means a parcel of land used by an individual, partnership, firm or corporation in any commercial or industrial district exclusively for the parking of vehicles of its employees or customers and for which no charge is made. Parking space means an area of appropriate dimensions of not less than one hundred eighty (180) square feet net, exclusive of access or area, or ramps or columns, etc., to be used exclusively as a temporary storage space for private motor vehicles. Truck loading and unloading space shall not be included in such area. When the application of a unit of measurement for parking spaces to a particular use of structure results in a fractional space, any fraction under one-half shall be disregarded and fractions of one-half or over shall be counted as one (1) space. Planting strip means the portion of the street between the curb and the property line exclusive of the area occupied by the sidewalk. Portable structures means mobile homes, converted mobile homes, trailers of any kind, or other portable wheeled structures (whether on wheels or with wheels removed and placed on a foundation) that can be driven or towed on their own chassis, and any structure designed, built and intended to be transportable from one (1) location to another. This definition does not include those structures regulated by the Georgia Industrialized Building Act. Primary facade means the elevation of a structure with the main entrance; also referred to as the building front facade. Principal building means the building containing or to contain the principal use of a lot. Principal use means the principal purpose for which a lot or the main building thereon is designed, arranged, or intended, and for which it is or may be used, occupied, or maintained. Public notice means a notice published twice in a newspaper of general circulation in the county at least fifteen (15) days prior to a public hearing concerning proposed changes or amendments to this chapter or the maps thereto, or both, setting forth the time, place, and purpose of such public hearing. Public street means right-of-way dedicated to the city or owned by the city for public street purposes. Rear lot line means the rear lot line boundary opposite and more or less parallel to the front lot line. The rear lot line of an irregular or triangular lot shall be, for the purposes of this chapter, a line not less than ten (10) feet long, lying wholly within the lot, and parallel to and farthest distance from the front lot line. Recreation vehicle park mean a licensed business operation which leases spaces for short term location of recreation vehicles, travel trailers or campers, used primarily for leisure time activities. Such short term location shall be limited to rental by the day or week only for a period of thirty (30) days or less. Recreation vehicle stand means the site designed for the placement of a recreation vehicle and its cabana, accessory structures, utility connections, and off-street parking facilities. Recreation vehicle, travel trailer and camper means a vehicular portable structure designed as a temporary dwelling for travel, recreation, and vacation uses, which is identified on the unit by the manufacturer as a camper or travel trailer, is not more than eight (8) feet six (6) inches in body width, and does not exceed thirty-one (31) feet in length . Redevelopment means the demolition or removal of the principal structure of more than fifty percent (50%) of the impervious surface of a site; any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered redevelopment regardless of the actual repair work performed. The term does not, however include either: (a) any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the Chief Building Official and that are the minimum necessary to assure safe living conditions. (b) any alteration of a historic structure, provided that the alteration will not preclude the structure s continued designation as a historic structure. Satellite receiving dish antenna means a dish-shaped or parabolic-shaped receiving or transmitting antenna (including antennae stored or temporarily placed) for the reception or transmission or both of terrestrial or satellite signals, including television signals, AM radio signals, FM radio signals, telemetry signals, data communication signals or any other reception or transmission signals using free air space as a medium, whether for commercial or private use. Senior citizens home means a home for elderly people who choose to live in a place with people their own age, and who do not require regular nursing care or medical attention. Service station means any building or premises used for the storing, dispensing, servicing, sale or offering for sale at retail of any automobile fuels and lubricants and automobile accessories, but not including major automobile repairing. Setback means the distance from the property line to the building. (a) Front setback means the distance from a public right-of-way to the building. (b) Side setback means the distance from the property lines connected to the property line adjacent to the public right-of-way extending away from the public right-of-way to the building. (c) Rear setback means the distance from the rear property line to the building. (d) Corner setback means corner lots are considered to have double frontage or two front setbacks and one side and rear setback. Shopping center means two (2) or more commercial establishments planned and managed as a single unit with off-street parking and loading facilities provided on the property. Shoulder means that portion of a roadway between the outer edge of the paved surface or the curb to the inside edge of the ditch or gutter or original ground surface. Side lot line means a side lot boundary line that is not a front lot line or a rear lot line. A side lot line separating a lot from a street line is an exterior side lot line. Any other side lot line is an interior side lot line. Sidewalk means that portion of a street or road available exclusively for pedestrian traffic. Stable, private means a building with a capacity sufficient to accommodate not more than three (3) horses or mules. Storefront means the portion of a building at the first story that is available for retail use. Story means the vertical distance of a building included between the surface of any floor and the surface of the next floor above it, or, if there be no floor above it, then the space between such floor and the ceiling next above it, provided that a cellar shall not be considered a story. Attic or basement space is construed as one-half story. Street means a public thoroughfare, twenty-one (21) feet or more wide, where public title to land extends between right-of-way lines. Whenever the sense of the law or these regulations so requires, the word "street" shall include avenue, drive, circle, road, highway, or similar terms as they are generally understood. Street grade means the grade of the curb or centerline of street upon which the lot abuts at the midpoint of the frontage. Street line or right-of-way line means the dividing line between a lot, its property line or lines, and a public right-of-way, a public street, road, or highway, or a private street, road or highway, over which two (2) or more abutting owners have an easement or right-of-way. Street width means the horizontal distance between the right-of-way lines of the street, measured at right angles to the right-of-way lines. Structural alterations means any change in the supporting members of a building or structure, such as bearing walls, columns, beams, girders, floor joists, or roof joists, or in the exterior walls. Structure means anything constructed or erected with a fixed location on or in the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, manufactured homes, accessory buildings, billboards, swimming pools, fall-out shelters, outside heating and air conditioning units, but do not include walls or fences. Subdivision means the division of a lot, tract, or parcel of land into two (2) or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale or of building development for purposes other than agricultural. It includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided. Substantial damage means damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its condition before the damage occurred would equal or exceed fifty percent (50%) of the market value of the undamaged building or structure. Through street or highway means every street or highway or portion thereof at the entrance to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing the same and when stop signs are erected. It generally is radial or circumferential in relation to present heavily populated areas, and is intended to provide continuous, wide, direct, and adequate routes designed to insure the future stability of the expanding urban areas within the county and the region. They usually include all state and federal highways not otherwise designated in the master plan. Tourist home means a dwelling in which sleeping accommodations are provided or offered to transient visitors for compensation. Typical Window means the window in a building that is used most frequently. Tree means any object of natural growth. Variance means a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship. Visible means any portion of a building facade which is seen from any public right-of-way along the frontage line of the property Window light means a pane of glass, a window, or a compartment of a window. Yard, front means that area of a lot lying between the abutting street right-of-way and the principal building of the lot and extending across the front of a lot from side lot line to side lot line. Yard, rear means that area of a lot extending across the rear of a lot from side lot line to side lot line and lying between the rear lot line and the principal building on the lot. Yard, side means that area of a lot between the side lot line and the principal building on the lot extending from the front yard to the rear yard.
Cross reference--Definitions and rules of construction generally, 1-2.
((2005) 22-6, Amended, 06/29/2005, Prior Text; 2005 (22-6), Amended, 05/23/2005, added definitions, Prior Text; 2004 (22-6), Amended, 12/13/2004, Prior Text; 22-6, Amended, 11/22/2004, amended definition of redevelopment, Prior Text; 22-6, Amended, 07/26/2004, added definitons necessary for new section 22-182 , "Architectural standards", Prior Text; 2003(22-6), Amended, 12/22/2003, added definition of "Limited Use", Prior Text; 2003 (22-6), Amended, 07/14/2003, added definitions for "assisted living facilities"- personal and institutional (group) care, Prior Text) |
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