§ 94-3. Definitions. (The definitions of this article cannot be waived. No variances are permitted to definitions.)
(a)
Except as specifically defined herein, all words used in this chapter have definitions as quoted in Webster's Third New International Dictionary, Merriam-Webster, Inc., 1993.
(b)
For the purposes of this chapter, certain words or terms used herein shall be defined as follows:
(1)
Words used in the singular include the plural and words used in the plural include the singular.
(2)
Words used in the present tense include the future tense.
(3)
The word "building" includes the word "structure."
(4)
The word "erected" includes the words "constructed," "moved," "located" or "relocated."
(5)
The word "lot" includes the word "plot" or "parcel."
(6)
The word "map" or "zoning map" means the zoning map of the City of Fayetteville, Georgia.
(7)
The word "person" includes the words "individuals," "firms," "partnerships," "trusts," "estates," "corporations," "associations," "governmental bodies" and all other legal entities.
(8)
The word "shall" is always mandatory and never discretionary.
(9)
The words "used" or "occupied" include the words "intended, arranged or designed to be used or occupied."
(10)
Words shall have the male, female or neuter gender as appropriate for the content.
(c)
Definitions of specific terms.
Accessory building means a detached, subordinate structure, the use of which is 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.
Active park/active recreation means indoor or outdoor leisure activity involving the physically active use of the body, whether undertaken by individuals (running, skiing, climbing, etc.) or involving organized participatory activity with others, specialized equipment, and occurring at prescribed sites, fields, courses, structures, or buildings developed or improved for that purpose. Active recreation uses include but are not limited to golf courses, playgrounds, tot lots, skateboarding parks, courts for tennis and other court games, swimming pools, and fields for team sports such as baseball, soccer, basketball, football, lacrosse, Ultimate Frisbee, and similar activities. Active recreation may involve motorized or nonmotorized vehicles.
Advertising sign means any surface, material, fabric, device, object, or display which bears lettered, numbered, pictorial or sculptured matter, designed to convey information visually or to draw attention and which is exposed to public view. For the purposes of this chapter, the term "sign" shall not include those devices located entirely within a building or structure, unless such devices are considered a window, door or display sign; additionally, the term "sign" shall include all structural members used to erect or mount the same.
Alley means a private or public thoroughfare which affords a secondary means of access to abutting property and not intended for general traffic circulation.
Antique means a product that is sold or exchanged because of value derived because of the age and historical nature of the product, and not simply because the same is not a new product. An antique is typically over 50 years old and has collectable value.
Antiques shop means a retail establishment primarily engaging in the sale or trading of articles of which 80 percent or more of the products are antiques.
Apartment means a room or suite of rooms used as a dwelling for one family with facilities for cooking meals for the family therein.
Architectural treatment means exterior design features, materials of construction, and finishes which combine to produce an aesthetic structure in harmony with the architectural zone in which the building is located. Such treatment shall consist of one or more of the following materials: brick, stone, stucco, glass, or wood.
Basement means a building story constructed partially below the average level of the adjoining ground.
Bathroom means a nonhabitable room which affords privacy to a person within the room and which is equipped with a toilet in good working condition.
Bedroom means a habitable room with at least 70 square feet of floor space which is intended as a place for regular sleeping purposes with sleeping sessions generally lasting in excess of five hours per 24-hour period, and which contains at least one bed or soft mattress for every two occupants, and excludes: bathrooms, laundries, furnace rooms, pantries, kitchenettes and utility rooms, foyers or communicating corridors, stairways, closets, storage space, and hobby and recreation areas in unheated or uninsulated parts of structures below ground or in attics.
Billboard means any structure or portion thereof on which lettered, figured, or pictorial matter is displayed for advertising goods or services which are not available at the property on which the sign is located, also considered offsite advertising sign.
Boarding or rooming house means a building other than a motel or hotel, where for compensation or by prearrangement for a definite period, meals and or lodging are provided for three or more persons not related by blood or marriage, not to exceed ten persons.
Buffer zone means that portion of a lot set aside with adequate natural or planted vegetation to accomplish visual and sound screening to separate residential zoning districts from other zoning districts. In the event that insufficient existing vegetation or trees exist in the buffer zone, planting, fencing or other supplemental screening shall be required, with a density, or opacity to accomplish buffering as required by this chapter. Roads, parking areas, aboveground stormwater retention facilities, recreational facilities, or other aboveground construction shall not be permitted within the required buffer area. Public rights-of-way and utility easements shall not be considered as part of the buffer area. Required buffer zones are in addition to required yard areas.
Buildable area means the portion of a lot remaining after required yards have been provided and areas subject to flooding during the 100-year storm event have been deducted.
Building means any structure attached to the ground which has a roof and which is designed for the shelter, housing or enclosure of persons, animals or property of any kind.
Building line means a line established, in general, parallel to the front street line, between which line and the street no part of a building shall project.
Building official means the person, officer, or official and the authorized representatives of said person, whom the Fayetteville city council has designated as its agent for enforcing, in conjunction with the zoning administrator, the regulations of this chapter relating to building construction and permitting.
Bulk storage facility means the storage of chemicals, petroleum products, grains, and other materials in structures for subsequent resale to distributors or retail dealers/outlets.
Business sign means an identification sign containing only the name or names of the businesses located on the same premises the business is located.
Camping trailer means a vehicular structure designed as a temporary dwelling for travel, recreation, and vacation uses, which is not more than eight feet in body width, is less than 4,500 pounds in gross weight, and does not exceed 28 feet in length.
Care home means an orphanage, rest home, assisted living facility, nursing home, boarding home for the aged, or similar use established to render long-term domiciliary care, but not including facilities for the care of mental patients, epileptics, alcohol and/or drug use patients, and not including day care centers.
Certificate of occupancy means a permit authorized and issued by the zoning administrator indicating that the use or the building or land in question is in conformity with this chapter, or that a legal variance therefrom has been approved.
Church or other place of worship means a building either used for or intended to be used for public worship including temples, synagogues and related Sunday school or church school facilities.
City means the City of Fayetteville, Georgia.
Club means a building owned, leased, or hired by an association of persons, who are bona fide members paying dues, the use of which is restricted to the members and their guests. The serving and selling of food and beverages may be permitted, providing that adequate kitchen and restroom facilities are available and that such sales are in accordance with federal, state, and local laws.
Cluster homes means a group of single-family or multifamily housing units sharing common open space in an approved planned unit residential development.
Commercial warehousing means warehouse as defined hereinafter.
Commission means the planning and zoning commission of the city.
Conditional use means a use which is permitted by special approval of the planning and zoning commission upon findings that, under the specific circumstances present, such use is in harmony with neighboring uses.
Condominium means a multifamily dwelling in which each resident has exclusive fee simple title and ownership in his individual dwelling unit while retaining an interest in the common facilities and areas of the building and grounds which are used by all the residents of the condominium.
Consignment shop means a retail establishment primarily engaged in selling used household goods and merchandise, including but not limited to, clothing and related accessories, children's apparel and furniture, sporting equipment, or furniture and related home furnishings, on consignment. This use does not include thrift shops or antique shops. Merchandise is not donated or sold to the establishment. Merchandise is placed for sale with the establishment by the owner of the merchandise and upon sale of the merchandise the purchase price is divided between the establishment owner and the owner of the merchandise. This use does not include the sale of guns, appliances, mattresses, or motor vehicles.
Convalescent home means a building or portion thereof, not including a hospital, medical clinic, or nursing home, where for compensation, two or more persons not directly related to the owner are provided temporary food, sleeping accommodations, personal care, and physical assistance in regaining their health or strength following an illness or injury.
Convenience store means a small retail outlet which offers commonly needed food and staples, including gasoline and oil, normally through extended hours of operation.
Council means the city council of the City of Fayetteville, Georgia.
Curb cut means the providing of ingress and/or egress between property and an abutting public street.
Customary home occupation means an occupation customarily carried on within a dwelling unit for gain or support involving the sale of only those articles, products or services produced on the premises, conducted entirely within the dwelling by members of the immediate family residing in the dwelling unit with equipment customarily used for household purposes and involving no display of articles or products and no outdoor advertising.
Day care facility (nursery school) means any building used routinely for the daytime care or education of five or more preschool age children, and including all accessory and play areas.
Department store means a large retail store, over 45,000 square feet in size, which is organized into a number of individual departments selling a variety of merchandise which may include a selection of clothing and apparel, furniture, appliances and home furnishings.
Dormitory means a building in which lodging or boarding and lodging are provided for more than five people not of the same family unit, for compensation and not necessarily open to the public.
Drive-in or drive-through restaurant means any place or premises used for the sale, dispensing, or service of food, refreshments, or beverages to customers in automobiles, including those establishments where customers may eat or drink on the premises.
Duplex means a residential structure designed for two-family occupancy and consisting of two side-by-side residential units with each family in a separate dwelling unit.
Dwelling means a structure or building or a portion of any structure or building 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, and like uses, further not including temporary housing, mobile homes or industrialized buildings.
Dwelling, multifamily means a building either designed, constructed, altered, or used for more than two adjoining dwelling units, with each dwelling unit having a party wall or party floor-ceiling connecting it to at least one other dwelling unit in the building.
Dwelling, single-family means a structure containing not more than one dwelling unit designed for residential use, which meets or exceeds the following minimum standards:
(1)
Minimum building dimension, or building face projection if irregular shaped building, shall be in excess of 24 feet.
(2)
Minimum gross floor area required by the zone in which located.
(3)
The roof shall have a minimum pitch of 4:12, and shall be covered with asphalt shingles, concrete or clay roof tiles, wood shingles and/or shakes, metal or similar materials.
(4)
The exterior siding materials shall consist of wood, glass, masonry, concrete, stucco, masonite, vinyl coated metal lap vinyl lap, or other materials of similar appearance and composition to above as approved by the zoning administrator.
(5)
Be permanently affixed or bolted to a permanent masonry or concrete foundation, fully enclosed around the structure.
(6)
Be permanently equipped with both gutters and downspouts.
(7)
Have a roof overhang around the entire exterior perimeter of the structure of no less than six inches.
(8)
All siding, wood, masonite, vinyl coated metal lap, and vinyl lap, shall be horizontally oriented to the ground with maximum width of each overlap being no more than eight inches per lap.
(9)
At each exterior door, have a masonry or wood landing that is a minimum of 36 inches by 48 inches.
(10)
A site-built home shall be constructed according to standards established by the city's building codes, as amended from time to time.
(11)
Not an industrialized building or mobile home.
Dwelling, two-family means a building, either designed, constructed, altered or used for adjoining dwelling units, with each dwelling unit having a party wall or party floor-ceiling connecting it to the other dwelling unit.
Dwelling unit means one or more rooms including kitchen facilities designed for the occupancy, cooking and sleeping of one or more persons living as a family, but not including care homes, convalescent homes, boardinghouses, orphanages or dormitories.
Environmental impact study means a report describing the environmental conditions and aspects of the air, surface and subsurface waters, soil, topography, local flora and fauna and their natural habitats, and all local micro and macro ecosystems.
Family means one or more persons occupying a dwelling unit and living as a single housekeeping unit. The term "family" does not include any organization or institutional group.
Floor area. The floor area of a dwelling is the gross horizontal area (as measured by exterior walls) of the several floors of a residential structure, exclusive of garage, carport, unfinished basement, unfinished attic and open porches.
Frontage means the length of the front lot line.
Garage means an accessory building or portion of a principal building used primarily for vehicle storage.
Garage sale means all general sales, open to the public, conducted from or on noncommercial property, for the purpose of disposing of personal property, including, but not limited to, all sales entitled "estate", "garage", "lawn", "yard", "attic", "porch", "backyard", "patio", "flea market", or "rummage" sale.
Gasoline service station means buildings and premises wherein a primary use is the supply and dispensation of retail gasoline, diesel fuel, oil, grease, batteries, tires and motor vehicle accessories, and where minor repair services may be provided.
Grocery store means a retail store of at least 12,000 square feet in size, that primarily sells food and beverages for offsite consumption, and includes the sale of fresh meat and produce.
Guest means any person who shares a dwelling unit in a nonpermanent status for less than 15 days.
Habitable building means any structure or part thereof that shall be used as a permanent place of abode by one or more persons.
Habitable room means a room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding: bathrooms, laundries, furnace rooms, pantries, kitchenettes and utility rooms of less than 50 square feet of floor space, foyers or communicating corridors, stairways, closets, storage space, and hobby and recreation areas in unheated or uninsulated parts of structures below ground or in attics.
Heated water means water heated to a temperature of not less than 120 degrees Fahrenheit at the outlet.
Height of building means the vertical distance measured from the mean finished ground level at the front of the building to the highest point of the roof or parapet.
Home occupation. See Customary home occupation.
Hospital means any institution receiving inpatients, or a public institution receiving outpatients, and authorized under Georgia law to render medical, surgical, and/or obstetrical care. The term "hospital" shall include a sanitarium for the treatment and care of senile patients, psychotics, and drug and/or alcohol abuse patients, but shall not include office facilities for the private practice of medicine or dentistry.
Hotel means a building in which lodging or boarding 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 all rooms are made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to a boardinghouse, a lodginghouse, or an apartment. A hotel shall not have facilities for meal preparation within the guestrooms.
Household means one or more persons, including servants, who share the same dwelling and use some or all of its cooking and eating facilities.
Industrialized building means any structure or component thereof which is or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation on a building site upon a permanent foundation and has been manufactured in compliance and conformity with the Industrialized Building Act of the State of Georgia, 1982 Ga. Laws, page 1637 (O.C.G.A. tit. 8, ch. 2, art. II, pt. 1) as the same may be amended from time to time.
Junkyard means property used for indoor or outdoor storage, keeping or abandonment, whether or not for sale or resale, of junk including scrap metal, rags, paper or other scrap materials, used lumber, salvaged materials and equipment; or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof. An automobile is considered abandoned when a current license tag is absent.
Kennels means the housing of two or more animals for the purpose of providing an income or revenue.
Kindergarten means a state-approved institution for the education of preschool-aged children.
Kitchen means any room containing any or all of the following equipment, or any other room within three feet of such equipment: sink and/or other device for dishwashing, stove or other device for cooking, refrigerator or other device for cool storage of food, cabinets and/or shells for storage of food, equipment and cooking utensils, and counter or table for food preparation.
Kitchenette means a small kitchen or an alcove containing cooking facilities.
Light servicing means minor repairs to motor vehicles which include, but may not be limited to, repairing and changing tires; lubricating vehicles; cleaning, adjusting, and replacing spark plugs; changing oil, transmission fluid and filters; replacing, adjusting, repairing, or servicing hoses and air filters; changing, flushing or otherwise servicing the coolant system; changing or adjusting the battery, battery ground cable, battery hold-down strap, battery positive cable or battery-to-starter relay cable; changing or adjusting the fan belt, power steering pump belt or alternator drive belt; changing fuses, headlamp switches, horns, ignition coil output wire, light bulbs and headlamps; installing, replacing or repairing ornamental accessories; filling windshield washer tank and other fluids; changing or adjusting windshield wipers and wiper blades; and any other minor service which may be performed in less than three hours.
Living room (sometimes called a den, family room, or great room) means a common sitting room or meeting room that will accommodate group gatherings and that is appropriate for group activities; provided, however, that a living room does not include bathrooms, laundries, furnace rooms, pantries, kitchenettes and utility rooms of less than 50 square feet of floor space, foyers or communicating corridors, stairways, closets, storage space, and hobby and recreation areas in unheated or uninsulated parts of structures below ground or in attics.
Loading space means off-street vehicle parking space reserved for bulk pickups and deliveries.
Lot means a developed or undeveloped tract of land, owned by one person or more than one person as joint tenant or tenants on common, legally transferable as a single unit of land.
Lot depth means the mean horizontal distance between the front and rear lot lines, measured generally perpendicular to the front lot line.
Lot, through means a lot having frontage on two streets that are approximately parallel.
Lot width means the horizontal distance between the sidelines of a lot measured at the front building line.
Major repairs means repairs, improvements or additions to a motor vehicle which include, but are specifically not limited to, replacing or rebuilding of engines, transmissions, or differentials; repair of bodies, fenders or frames of motor vehicles and trailers; painting of motor vehicles and trailers; dismantling or storage of wrecked or junked vehicles or trailers; muffler and exhaust repair and replacement; other major work customarily undertaken by motor vehicle repair shops; or repairs which are not performed in less than three hours.
Mass retailer means retail stores, generally in excess of 75,000 square feet, which either offer discount, general merchandise or offer a wide selection of goods in specific narrow categories. Because of the variety of goods, and the discounted prices, such stores draw on a much larger customer base than similar size local retail merchandise and grocery stores. They typically maintain long store hours, sometimes 24 hours, seven days a week.
Mobile home lot means a parcel of land for the exclusive use of the occupants of a single mobile home.
Mobile home or manufactured home means a structure designed as a moveable dwelling; built upon its own permanent chassis; transported on its own chassis (normally by towing) in one or more sections; occupiable with or without a foundation; and containing all the normal utility systems (plumbing, electrical, heating, and cooling).
(1)
Single-wide mobile home means a mobile home constructed and transported as a single unit.
(2)
Double-wide mobile home means a mobile home constructed and transported in more than one unit, for which parts must be joined at the site of placement into a single whole.
Mobile home park means a parcel of land that has been planned and improved for the placement of four or more mobile homes for permanent use. Pads within a mobile home park remain the property of the park owner and are rented to tenants. A mobile home park does not include the provision of space for storage, inspection, or sale of unoccupied mobile homes.
Mobile home subdivision means a tract of land planned and improved for the placement of four or more mobile homes for permanent use on individually owned private lots.
Modular home means a factory-fabricated transportable building consisting of units designed to be incorporated at a building site on a permanent foundation into a structure and which does not comply with the Georgia Industrial Building Act, as the same may be amended from time to time.
Motel means a building or group of buildings where lodging is provided for more than ten persons and offered to the public for compensation and in which ingress and egress to and from all rooms are made through private entrances.
Newspaper facilities means those facilities housing the operations necessary for the production and distribution of a serial publication that contains news and current events of general interest to the citizens of Fayetteville. Such operations include the gathering of news; writing news columns, features, and editorials; selling and preparing advertisements; and distributing the publication in printed or electronic form.
Nonconforming use means any building or land lawfully occupied at the time of passage or amendment of this chapter which does not conform, after the passage or amendment of this chapter, with the use regulations of the district in which it is located.
Nursery means a building or lot, or portion thereof, used for the commercial cultivation or growing of plants, and including all accessory buildings.
Occupant means any person over one year of age, living, sleeping, cooking or eating or actually having possession of a dwelling unit; except that in dwelling units a guest will not be considered an occupant.
Open space means land and water areas, including agricultural and forestry land, that is in its undeveloped, natural state, or has been developed only to the extent consistent with, or is restored to be consistent with passive recreational uses.
Ornamental fence means a barrier with a maximum height of no more than four feet constructed of either wood rail, stone, brick or similar material but not including wire mesh or wood stockade fence. The principal function of such fence shall be to mark the property boundaries not to provide protection or confinement.
Parking space. Off-street parking space consists of space adequate for parking a vehicle with room for opening doors on both sides, maneuvering room, and access to a public street.
Passive park/passive recreation means a park dedicated to passive recreation. Passive parks specifically do not include swimming pools, gymnasiums, or playing fields and do not generally require a developed site. These include, but are not limited to, hiking, bicycling, picnicking, fishing, horseback riding, interpretive trails, and bird watching.
Pawn shop means an establishment engaged in the buying and selling of secondhand merchandise and offering loans secured by personal property.
Permissible occupancy means the maximum number of persons permitted to reside in a dwelling unit.
Planned commercial center means a retail and/or service building or group of buildings planned and managed as a single unit with off-street parking and loading facilities provided on the property, and housing one or more retail stores with a separate entrance provided for each tenant.
Planning and zoning commission (also referred to as the planning commission) means a group of citizens, appointed by the city council, to perform those functions as described herein.
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.
Privacy means the existence of conditions which will permit a person to carry on an activity commenced without interruption or interference by sight of another person.
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 present owners and subsequent purchasers. They are enforced only by the landowners involved and not by the city or other public agency.
Public street means right-of-way dedicated to the city or owned by the city for public purposes.
Recycling center means the collecting, sorting and reshipment of dry recyclable waste products; and does not include the reduction to raw materials and transformation into products.
Retail business means a place of business involved in the activities of direct selling of goods in small quantities to ultimate consumers for personal or household consumption.
Retirement home. See Care home.
Row house means a multifamily dwelling unit in which each family has a private entrance.
Self-storage/mini (also known as mini warehouse) means a single-story commercial structure with exterior access to storage units, non-climate controlled, exterior metal doors, allows vehicle storage, and truck rental.
Self-storage/multi (also known as secured storage) means a multi-story commercial structure with interior access to storage units which are not visible from the exterior of the structure, is climate controlled, and does not allow outside storage.
Semi-trailer means a detachable trailer for hauling freight, with wheels at the rear end, with the forward end being supported by the rear of a truck tractor, when attached.
Service station means a building or premises where products necessary for automobile service or maintenance are sold and/or where such maintenance services are rendered, but excluding body shops.
Setback means a specified distance from the closest edge of a street, highway or other identified reference point-of-beginning within which a specified land use shall be prohibited.
Sign, outdoor advertising means an attached or freestanding sign that directs attention to a business, commodity or service.
Small box discount store means a retail store that is 16,000 square feet or less in size, which offers for sale a variety of convenience shopping goods and continuously offer the majority of the items in their inventory for sale at a price lower than traditional retail outlets. Small box discount stores do not include pharmacies.
Small loan business means a business that loans money to customers on a temporary basis, with the loan secured by post-dated check, paycheck or car title, or are registered as lenders under state or federal law. These types of businesses do not include a state or federally chartered bank, savings association, credit union, nor do they include businesses where the cashing of checks or money orders is incidental to the main purpose of the business. Small loan businesses include, but are not limited to check cashing establishments, payday or other short term loans establishments, and car title loan establishments.
Solid waste transfer facility means an intermediate destination for solid waste, wet or dry, sorting, separation, compacting and aggregation of smaller shipments into larger ones.
Special event shall mean a temporary outdoor use on private property which extends beyond the normal uses and standards allowed under the city's Code of Ordinances and includes, but is not limited to, art shows, pumpkin and Christmas tree sales, haunted houses, carnivals, special auto sales, grand openings, festivals, home exhibitions, weddings and receptions, and bazaars.
Special exception means a land or structure use that would not normally be permitted without restriction throughout the zoning district but which with proper controls would promote the public health, safety, or general welfare. Such uses may be permitted as special exceptions after presented in a public hearing and approved by the planning and zoning commission and are subject to approval by council.
Street means a public way for vehicular traffic which affords the principal means of access to abutting property.
Street trees mean trees that, depending on local conditions, are planted in a street right-of-way, on the right-of-way line, or next to the street right-of-way.
Structure means anything constructed or erected on the ground or attached to something on the ground, with the exception of fences and walls.
Subdivision means a tract of land which has been divided into two or more lots, all fronting on a public street, and offered for sale as individual lots.
Teen clubs are entertainment establishments that cater to young people age 14 through 20 who are not accompanied by a parent or guardian. They may include, but are not limited to teen nightclubs and teen dance clubs.
Temporary building means a temporary portable structure designed to transport freight, containing walls and a roof, including, but not limited to trailers, that is designed to be transported, either on its own wheels or on a flatbed or other trailer, or has detachable wheels. Storage sheds designed for placement on the ground or on a permanent foundation do not meet this definition.
Temporary housing means any tent, trailer, mobile home or any other structure used for human shelter which is designed to be transportable and which is not attached to the water system of another structure or to any utility system on the same premises for more than 20 days.
Tent shall mean a portable or temporary cover or shelter, with or without side panels, which is supported by poles or other manner other than by air or the contents it protects and is made of canvas, plastic or similar pliable materials.
Thrift shop means a retail establishment primarily engaged in selling secondhand articles, such as clothing, furniture, and other assorted items, the value of which is only a fraction of the original cost, and which normally have no collectible or antique value, where such goods and merchandise are not sold on consignment. Thrift shop merchandise is obtained through bulk purchases, or through donations or gifts and where the donor receives no compensation upon the sale of such merchandise. This use does not include establishments which sell used merchandise on consignment or antique shops. This use does not include the sale of used guns or motor vehicles.
Toilet means a toilet bowl flushed with water under pressure with a sealed trap above the floor level and with said toilet bowl connected to a water system that at all times provides an adequate amount of running water under pressure to cause the toilet to be operated properly.
Tourist home means a building other than a hotel where lodging is provided and offered to the public for compensation for not more than 20 individuals and open to transient guests.
Townhouse means an attached, two-story, multifamily house in which each family occupies two stories.
Tractor trailer means a combination trucking unit consisting of a truck tractor coupled to a full-trailer or semi-trailer.
Tractor truck means a large commercial motor vehicle with a driver's cab but no body, designed for hauling or pulling a trailer or semi-trailer.
Trailer means a vehicle, including a motor home, designed and/or maintained for use as temporary or permanent storage, dwelling or sleeping place, or for travel or recreational purposes, having no foundation other than wheels or jacks.
Trailer park means a parcel of land which is used solely for the rental or lease of lots for transient campers, trailers, motor homes, or temporary parking of any other recreational vehicle excluding trailers used for temporary or permanent storage.
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 as a result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship.
Warehouse means a building or structure for storage, used for the reception, delivery, consolidation, distribution, and storage of freight, bulk storage of raw materials or finished or partly finished goods, merchandise, commodities pending either onward transit or division into smaller batches for subsequent distribution or sale; excluding structures and activities meeting the definition of mini-warehouse found in this section 94-3.
Warehousing means those activities of holding and handling goods in a warehouse, as defined above.
Yard means an open space on a lot situated between the principal building or use on the lot and a lot line and unoccupied by any structure except as otherwise provided herein. Yard areas do not include required buffer zones.
Yard, front means an open, unoccupied space on the same lot with a principal building or use, extending the full width of the lot and located between the street right-of-way line and the facade of the principal building facing the street right-of-way (if various projections of the front facade, then from the projection nearest the street right-of-way) or the boundary of the use nearest the street right-of-way, projected to the sidelines of the lot. In the case of corner lots and double frontage lots, front yards of the required depth shall be provided on both frontages. Required locations of yards are graphically depicted as referenced in subsection 94-3(d).
Yard, rear means an open space on the same lot with a principal building or use, unoccupied except by an accessory building or use, extending the width of the lot and located between the rear line of the lot and the facade of the principal building facing the rear lot line (if various projections or the rear facade, then the projection nearest the rear lot line) or the boundary of the use nearest the rear lot line, projected to the sidelines of the lot. In the case of through or double frontage lots and corner lots, there will be no rear yards. Required locations of yards are graphically depicted as referenced in subsection 94-3(d).
Yard, side means an open, unoccupied space on the same lot with a principal building or use, located between the side facade of the building facing the applicable side lot line (if various projections of the side facade, then the projection nearest the applicable side lot line) or the boundary of the use nearest the applicable side lot line, and the sideline of the lot and extending from the rear line of the front yard to the front line of the rear yard. In the case of through or double frontage lots, side yard shall be defined as the open, unoccupied space on the same lot with a principal building or use, located between the side facade of the building facing the side lot line (if various projections of the side facade, then the projection nearest the applicable side lot line) or the boundary of the use nearest the applicable side lot line, and the sideline of the lot, extending from the rear line of both front yards. In the case of corner lots, side yard is defined as the remaining yard area after full depth front yards have been established on both street frontages. Required locations of yards are graphically depicted as referenced in subsection 94-3(d).
Yard, special means a yard behind any required yard adjacent to a public street, required to perform the same functions as a side or rear yard, but adjacent to a lot line and so placed or oriented that neither the term "side yard" nor the term "rear yard" clearly applies. In such cases, the zoning administrator shall require a yard with minimum dimensions as generally required for a side yard or a rear yard in the district. The appropriate yard shall be determined based on the relation of the portion of the lot on which the yard is to be located to the adjoining lot or lots, with due regard to the orientation and location of structures and buildable areas thereon.
Zoning administrator means the person, officer, or official and the authorized representatives of said person, whom the Fayetteville city council has designated as its agent for administration of these regulations.
Zoning district means an area established in the zoning ordinance, and delineated on the zoning map, in which certain uses are permitted, and in which other uses are prohibited.
Zoning lot means a tract of land, or a portion of a tract, all of which lies within one zoning district, and which may be developed or used for purposes consistent with those permitted in that district, and which may be developed or used for purposes consistent with those permitted in that district. A zoning lot may or may not coincide with platted lot line.
Zoning ordinance means the zoning ordinance of the City of Fayetteville, Georgia.
(d)
Graphic depiction of yard locations is attached hereto [to Ordinance No. 0-11-99] as Exhibit "A" and incorporated herein by this reference.
(Ord. of 4-15-96, art. III; Ord. No. 0-24-98, §§ 1—5, 4-20-98; Ord. No. 0-11-99, 3-15-99; Ord. No. 0-21-99, §§ 1—6, 8-2-99; Ord. No. 0-29-99, § 1, 10-4-99; Ord. No. 0-12-01, § 1, 4-19-01; Ord. No. 0-36-02, § 1, 7-18-02; Ord. No. 0-31-3, art. 1, 7-17-03; Ord. No. 0-14-05, § 1, 5-5-05; Ord. No. 0-11-09, § 1, 7-16-09; Ord. No. 0-16-10, § 1, 12-16-10; Ord. No. 0-22-18 , arts. I, II, 10-18-18; Ord. No. 0-32-18 , art. I, 12-6-18)
Cross reference
Definitions generally, § 1-2.