Section 22-6 Definitions.

Prior to the adoption of 22-6 on 07/26/2004, Section 22-6 read as follows.

     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 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,  who 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: 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: 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 building dedicated to the lodging  or feeding or both of three (3) or more nontransient persons of separate families as defined in this article for compensation.

     Building is any structure, except a mobile home, which has a roof 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.

     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 means 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.

     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 a tenant holds full title to his unit and joint ownership in the common grounds.

     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.

     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 kitchen facilities designed  or constructed as a unit for residential occupancy by one (1) family.

     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.

     Family means one (1) or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a boardinghouse, lodginghouse, hotel, or fraternity  or sorority house.

     Floor area, gross shall mean 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 shall mean 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.

     Lodging or boarding house means a building designed or used for  the more or less permanent occupancy, with or without meals, of more than two (2) lodgers or boarders whether the compensation be paid directly or indirectly.

     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 the planning 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.

     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.

     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.

     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 shortest distance between the front property line and  the principal building or structure on a lot.

     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.

     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 is 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.

     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.

     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.

     Yard, front is 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 is 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 is 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.

 (Code 1958  24-5; Ord. of 3-26-73; Ord. of 4-23-73; Ord. of 3-25-74; Ord. of 7-12-82; Ord. of

 2-25-85; Ord. of 3-23-87,   1; Ord. of 10-24-88,  1; Ord. of 1-23-89(3),   1; Ord. of 8-12-91,   II; Ord. of 10-14-91,  I; Ord. of 8-28-95,    1,11; Ord. of 7-14-03)

     Cross reference--Definitions and rules of construction generally,   1-2.