§ 3.2. Special definitions.

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

Accessory use: A use customarily incidental to the principal use of land.

Alley: A platted serviceway providing a secondary means of access to abutting properties.

Apartment: A suite of two or more rooms and a bath which is designed according to the Southern Building Code regulations, and is also designed or intended for occupancy by one family doing its cooking therein, or by one person doing his or her cooking therein. For zoning purposes, an apartment shall be regarded as a dwelling unit. A structure containing two apartments shall be considered a duplex. A structure containing three or more apartments shall be regarded as a multifamily dwelling.

Apartment house: A multifamily dwelling unit structure consisting of a single-family dwelling unit separated by fire resistance as required by the building code of the City of Union Point, Georgia.

Applicant: Any individual or business entity applying for rezoning action.

Automobile service station: Any area of land, including structures thereon, used for the retail sale of gasoline or oil, automobile accessories and incidental services including facilities for lubricating, hand washing and cleaning, or otherwise servicing automobiles, but excluding painting, major repairs or automatic washing.

Block: A piece or parcel of land entirely surrounded by public highways or streets, other than alleys.

Boardinghouse: A building other than a hotel where, for compensation and/or by prearrangement, meals, or lodging and meals, are provided for three or more persons, but not exceeding 20 persons.

Building: Any structure having a roof supported by columns or walls and intended for shelter, housing, or enclosure of persons, animals or chattels.

Building, accessory: A subordinate building, the use of which is incidental to that of the dominant use of the main building or land.

Building, alterations of: Any change in modification or occupancy.

Building, height of: The vertical distance measured from the average elevation of the proposed finished grade at the front of the height level between the eaves and ridge for gable, hip and gambrel roofs, and to the deck line of a mansard roof.

Building inspector: The Greene County Building Inspector or other inspector so designated by the mayor and council to enforce this ordinance.

Building, main: A building in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be a main building on the lot on which it is situated.

Business entity: Any corporation, partnership, limited partnership, firm, enterprise, franchise, association, or trust.

Campaign contribution: A contribution as defined in O.C.G.A. § 21-5-3(6).

Cemetery: Any plot of ground, churchyard, building, mausoleum, or other enclosure used for the burial of the dead.

City: The City of Union Point, Georgia.

City council: The mayor and city council of the City of Union Point, Georgia.

City official: Any member of the city council.

Clinic: An establishment where patients, who are not lodged overnight, are admitted for examination and treatment.

Club: Buildings and facilities owned or operated by a corporation, association, or persons for social, educational or recreational purposes, but not primarily for profit or to render a service to the general public.

Condominium: Individual ownership units in a multifamily structure, combined with a joint ownership of common areas of the building and grounds.

Convalescent home: A facility for three or more unrelated aged or ill persons not operating as the functional equivalent of a family, that provides food, shelter, and medical care for compensation in addition to meeting the physical, emotional, and social needs of said unrelated aged or ill persons.

County: Greene County, Georgia.

Day care center: Any place operated by a person, society, agency, corporation or institution, or any other group wherein are received, for pay, seven or more children under 18 years of age for group care, without transfer of custody, for more than four hours and less than 24 hours a day.

Day care home: Any place operated by any person who receives for pay three to six children under 17 years of age for group care, without transfer of custody, for more than four hours and less than 24 hours per day.

District: A section of the City of Union Point within which the zoning regulations are uniform.

Dry cleaners: A business that provides for the cleaning of laundry, excluding self-service, and contains the equipment necessary for the processing of laundry.

Dwelling unit: A structure or a portion of any structure designed, arranged and used for living quarters for one or more persons living as a single housekeeping unit with cooking facilities, but not including units in hotels, motels, boardinghouses or like uses.

Dwelling, multifamily: A structure containing at least three dwelling units designed for residential use by three or more families living independently of each other.

Dwelling, single-family: A structure containing not more than one dwelling unit designed for residential use surrounded by open space on the same lot, which meets or exceeds the following standards:

(1)

Minimum width in excess of 14 feet.

(2)

Minimum square footage required by the zone in which located.

(3)

The roof shall have a minimum 2:12 roof pitch, unless other specified, and shall have a surface of wood shakes, asphalt composition, wood shingles, concrete, fiberglass or metal tiles, slate, built-up gravel materials, or other materials approved by the mayor and council.

(4)

The exterior siding materials shall consist of wood, masonry, concrete, stucco, masonite, metal or vinyl lap or other materials of like appearance.

(5)

Be attached to a permanent foundation.

(6)

Be constructed according to standards established either by the State Minimum Standard Codes as amended from time to time or the Standard Building Code if locally adopted for site built homes, or the National Manufactured Housing Construction and Safety Standards Act for manufactured homes, or the State of Georgia Industrialized Buildings Act for residential industrialized buildings. Each of these codes shall be applicable to the specific structure to which it applies.

(Ord. of 2-8-1994(1), § 1)

Dwelling, tenant: A residential dwelling located on a farm and occupied by a nontransient farm worker employed by the owner of the farm. The dwelling shall conform to the standards of the zone in which it is located.

Dwelling, two-family (duplex): A structure containing two dwelling units designed for residential use by two families living independently of each other.

Easement: A grant by a property owner of the use of land for a specific purpose or purposes by the general public, or a corporation or a certain person or persons.

Fallout shelter: A structure or portion of a structure intended to provide protection to human life during periods of danger to human life from nuclear fallout, air raids, storms or other emergencies.

Family: One or more persons occupying a dwelling and living as a single housekeeping unit, as distinguished from persons occupying a boardinghouse, or hotel, as herein defined.

Feedlot: Any parcel of land upon which the mechanical, hand feeding of five or more livestock animals per acre is performed for a period exceeding 30 days.

Financial interest: All direct ownership interests of the total assets or capital stock of a business entity where such ownership interest is ten percent or more.

Floor area: The sum of the gross horizontal areas of the total number of floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings, but not including the attic space providing headroom for less than seven feet; unusable basement or cellar space not used for retailing; uncovered steps or fire escape; open porches; accessory water or cooling towers; accessory off-street parking spaces; and accessory off-street loading berths.

Frontage, lots: The distance for which the front boundary line of the lot and the street line are coincident.

Frontage, street: All the property on the side of a street between two intersecting streets (crossing or terminating), or if the street is dead-ended, all the property abutting on one side between an intersecting street and the dead end of the street.

Garage apartment: A dwelling unit for one family erected above a private garage detached from the main dwelling.

Garage, parking: A building or portion thereof designed or used for storage of motor-driven vehicles, and at which motor fuels and oils may be sold, and in connection with which may be performed general automotive servicing as distinguished from automotive repairs.

Garage, private: An accessory building or a portion of a main building used for the parking or storage of automobiles of the occupants of the main buildings. A carport shall be considered as a private garage.

Garage repair: A building or portion thereof, other than a private or parking garage, designed or used for the storage, servicing, repairing, equipping and hiring of motor-driven vehicles.

Health department: The Greene County Health Department or a person so designated by the mayor and council to perform said functions.

Home occupation: An occupation for gain or support conducted only by members of a family residing on the premises and entirely within the main dwelling.

Hotel: A building in which lodging, or board and lodging, are provided for more than 20 persons and offered to the public for compensation and in which ingress and egress to and from each sleeping room is generally made through the interior of the building.

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 all parts or processes cannot 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, 1982 Ga. Laws, pages 1637—1643 (O.C.G.A. § 8-2-2, pt. 1).

Institution: A nonprofit corporation or a nonprofit establishment.

Junk: Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, or waste; junk dismantled, or wrecked automobiles, or parts thereof, or iron, steel, and old scrap ferrous or nonferrous metal.

Junk yard: A lot, land or structure, or part thereof, used primarily for the collecting, storage, and sale of waste paper, rags, scrap metal, or discarded material; or for the collecting, dismantling, storage, and salvaging of machinery or vehicles not in running condition, or for the sale of parts thereof.

Kennels: Any location where raising, grooming, or caring for, or boarding of, dogs, cats, or other small animals for commercial purposes is carried on within the City of Union Point.

Kindergarten: A school for pre-elementary school children ranging in age from four through six years, which operates for less than four hours per day.

Laundromat: A business that provides home-type washing, drying, and/or ironing machines and/or coin-operated dry cleaning machines.

Laundry and dry cleaning pick-up: A business that provides only for the convenience of taking and picking up of laundry, such as establishments not having any equipment for processing of the laundry.

Loading space: A space within the main building or on the same lot, providing for the standing, loading or unloading of trucks and other carriers.

Lodging[house] or boardinghouse: A building designed or used for the more or less permanent occupancy, with or without meals, of more than two lodgers or boarders whether the compensation be paid directly or indirectly.

Lot: A parcel of land occupied or to be occupied by one or more main buildings and its accessory buildings with such open and parking spaces as are required by the provisions of this resolution [ordinance] and having its frontage upon a public street or streets.

Lot, corner: A lot abutting upon two or more streets at their intersection.

Lot, double frontage: A lot having a frontage on two streets as distinguished from a corner lot.

Lot, interior: A lot other than a corner lot.

Lot, width: The distance between one side lot line and the other side lot line measured at the minimum setback line. The mean width is measured at a right angle to the lot depth.

Lot of record: A lot or parcel of land whose existence, location and dimensions have been recorded in the office of the clerk of the superior court of Greene County.

Manufactured home: A structure defined by and constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended, 42 USC 5401 et seq. The definition at the date of adoption of this part is as follows:

"Manufactured home: means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary and complies with the standards established under this title."

Manufactured home, other: Any manufactured home not meeting the definition of "Dwelling, single-family."

Manufactured home subdivision: Any lot on which are customarily parked two or more manufactured homes for a period of time exceeding 30 days.

Member of the family: The spouse, mother, father, brother, sister, son, or daughter of a city official.

Mobile home: A structure manufactured prior to June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on-site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein.

Motel: A building or a group of buildings containing accommodations for rental primarily to automobile transients and in which ingress and egress to and from each sleeping room is generally to the outside of the building.

Nonconforming use: A use of land, building or premises existing at the time of the enactment of this ordinance, or at the time of a zoning amendment, and which does not conform with the regulations of the use district in which it is located.

Nursing home: A home for aged or ill persons in which three or more persons not of the immediate family are provided with food, shelter, and care for compensation but not including hospitals, clinics, or similar institutions devoted primarily to diagnosis and treatment.

Open space: A yard area which is not used for or occupied by a driveway, off-street parking, loading space, drying yard or refuse storage space.

Opponent: Any person who opposes a rezoning action or any attorney or other person representing or acting on behalf of a person who opposes a rezoning action.

Oppose: To appear before, discuss with, or contact, either orally or in writing, the City of Union Point or city official and argue against a rezoning action.

Patio house: A single-family dwelling unit on an individual lot attached to another dwelling unit on an adjoining lot by a common-party wall with fire resistant separation as required by the building code of the City of Union Point, Georgia.

Permitted use: Any use that is listed in a zoning district as permitted.

Person: An individual, partnership, committee, association, corporation, labor organization, or any other organization or group of persons.

Personal care home: Any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service, and one or more personal services for two or more adults who are not related to the owner or administrator of said home by blood or marriage. Personal services includes, but is not limited to, individual assistance with or supervision of self-administered medication and essential activities of daily living such as eating, bathing, grooming, dressing, and toileting.

(Ord. of 2-8-1994(2), § 1)

Plat: A map, plan or layout of a county, city, town, section or subdivision indicating the location and boundaries of properties.

Playschool: A school for pre-kindergarten children ranging in age from three to four years of age and which operates for less than four hours per day.

Principal use: The primary purpose for which land or a building is used.

Professional: When used in connection with "use" and "occupancy," a use or occupancy by persons generally engaged in rendering personal, executive, sales, or administrative services or activities, including accountants, architects, professional engineers and land surveyors, doctors, lawyers, insurance offices, real estate offices, religious organizations, stockbrokers and administrative agencies considered professional in character. The term, however, does not include repairs or sales of tangible personal property stored or located within the structure nor any use which would create any loud noise or noxious odors within the City of Union Point.

Property interest: The direct or indirect ownership of real property including any percentage of ownership less than total ownership.

Real property: Any tract or parcel of land and, if developed, any buildings or structures located on the land.

Restaurant, drive-in: An eating and/or drinking establishment which caters to motor-driven vehicle business where the person being served consumes his food and/or drink while sitting in a motor-driven vehicle, as opposed to a restaurant serving exclusively inside an enclosed building.

Rezoning action: An action by the mayor and council of Union Point, Georgia, adopting an amendment to a zoning ordinance that has the effect of rezoning real property from one zoning classification to another.

Right-of-way: Access over or across particularly described property for a specific purpose or purposes.

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

Roominghouse: A building other than a hotel where lodging for three but not more than 20 persons is provided with no meals served.

Shopping center: A group of commercial establishments, planned, and developed as a unit, with common off-street parking provided on the property.

Sign: Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or marks, or combinations thereof, by which anything is made known, such as the designation of an individual, a firm, an association, a profession, a business, a commodity, or product, which are visible from any public way and used as an outdoor display.

Sign area: The smallest square, rectangle, triangle, circle, or combination thereof encompassing the entire advertising area, excluding architectural trim and structural supports.

Sign, outdoor advertising: A structural poster panel or painted sign, either free-standing or attached to a building, for the purpose of conveying information, knowledge, or ideas to the public about a subject unrelated to the premises upon which it is located.

Sign structure: A structure composed of a single pole or multiple poles which is located on the ground or on top of another structure and which supports no more than two signs.

Sign structure facing: The surface of the sign upon, against, or through which the message of the sign is exhibited, not including architectural trim and structural supports.

Site built: A structure constructed on-site with approved building materials, inspected periodically during construction, and constructed according to the locally adopted building codes.

Story: That portion of a building, other than a cellar, included between the surface of the floor and the ceiling above it.

Street: A public or private thoroughfare which affords the principal means of access to abutting property.

Street, half: A street which does not meet the minimum right-of-way widths as set forth in this ordinance.

Street line: The legal line between street right-of-way and abutting property.

Street, major: A street designated as a major street.

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. Structures include, but are not limited to, the following: site built buildings, industrialized buildings, manufactured homes, mobile homes, billboards, swimming pools, advertising signs, satellite dishes, and fallout shelters.

Subdivider: Any person who undertakes the subdivision of land as herein defined within the confines of Union Point.

Subdivision: Any division of a tract or parcel of land into two or more lots, building sites or other divisions for the purpose, whether immediate or future, of sale, legacy or building development, including any division of land involving a new street or a change in existing streets, and including re-subdivision and, where appropriate to the context, relates to the process as subdividing or to the land or area subdivided; provided, however, that the following are not included in this definition:

(1)

The division of land into parcels of five acres or more where no new street is involved; and

(2)

The sale or exchange of parcels of land between separate or common owners of adjoining properties, provided that additional lots are not thereby created.

Townhouse: A single-family dwelling unit which is erected in a row as part of a single building, on adjoining lots, each being separated from the adjoining unit or units by [an] approved fire resistant party wall or walls extending from the basement or cellar floor to the roof along the dividing lot line.

Travel trailer: A vehicular portable structure designed as a temporary dwelling for travel, recreational and vacation uses that is not more than eight feet in body width, being of any weight provided its body length does not exceed 29 feet.

Travel trailer park: Any lot on which are temporarily parked two or more travel trailers for a period of less than 30 days.

Yard: A space on the same lot with a main building, such space being open, unoccupied and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted.

Yard, front: An open, unoccupied space on the same lot with the main building, extending the full width of the lot and situated between the right-of-way line and the front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the center line. Covered porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required front yard. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its largest dimension.

Yard, rear: An open space on the same lot with the main building, which is unoccupied except possibly by an accessory building and extending the full width of the lot and situated between the rear line of the lot and the rear line of the main building projected to the side lines of the lot from the front yard.

Yard, side: An open, unoccupied space on the same lot with a main building, situated between the side line of the building and the adjacent side line of the lot extending from the rear line of the front yard to the front line of the rear yard. If no front yard is required, the rear boundary of the side yard shall be the rear line of the lot. On corner lots, the side yard shall be considered as parallel to the street upon which the lot has its greatest dimension.

(Ord. of 2-8-1994(1), § 1; Ord. of 2-8-1994(2), § 1)