§ 2.00. Interpretation of certain terms or words.

Except as specifically defined herein, all words used in this ordinance have their customary dictionary definitions. For the purpose of this ordinance, certain words or terms used herein are defined as follows:

Words used in the present tense include the future tense. Words used in the singular include the plural, and words used in the plural include the singular.

The word "shall" is always mandatory and not merely directory.

The word "may" is permissive.

The word "lot" includes the word "plot" or "parcel."

The word "structure" includes the word "building."

The word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.

The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended", "arranged", or "designed to be used or occupied."

The word "map" or "zoning map" shall mean the Official Zoning Map of Metter, Georgia, and may include a series of maps in sections.

The term "planning commission" refers to the Metter planning commission.

The term "building inspector" refers to the person subsequently and specially designated by the City of Metter and so employed as the building inspector for Metter, or authorized representative of that office, and shall include chief building inspector.

The term "city clerk" refers to the City Clerk of Metter, Georgia, or authorized representative of that office.

The terms "council" or "city council" refer to the legally constituted and elected governing body of Metter, Georgia.

The term "R-X" zone refers to zones R-1, R-2, R-3, and/or R-4.

2.01 Accessory. A use or building subordinate to the principal building on a lot and used for purposes customarily incidental to the main or principal use or building and located on the same lot herewith.

2.01a: Adult Entertainment Establishment. This term is defined in the Metter Adult Entertainment Establishment Ordinance.

2.02 Alcohol, Off-site. The sale of alcohol for off-site consumption.

2.03 Alcohol, On-site. The sale of alcohol for on-site consumption.

2.04 Alcohol, Incidental. The sale of alcohol at a business where eighty (80) percent of revenues are not alcohol based.

2.05 Alley. A secondary way, which affords vehicular service access to the side or rear of abutting property.

2.06 Alteration of Building. Any change in the supporting members of a building (such as bearing walls, columns, or girders); an addition or reduction to a building; any change in use; or any relocation of a building from one location or position to another.

2.07 Boarding, Lodging or Rooming House. A dwelling in which meals or lodging or both are provided.

2.08 Building. A structure which is completely enclosed by a roof and by exterior walls which is moveable or permanently affixed to a lot, and used or intended for the shelter, support, or enclosure of persons, animals, or property of any kind.

2.09 Building, Agricultural. An accessory building such as a silo, barn, etc. used for agricultural purposes.

2.10 Building, Principal. A building in which is conducted the principal use of the lot on which said building is situated.

2.11 Building Line. That line which represents the distance a building or structure must be set back from a lot boundary or a street right-of-way line according to the terms of this ordinance. In all cases, the building lines of a lot shall be determined to run parallel to and set back the appropriate distance required within the district in which the lot is located from street right-of-way lines, street center lines, or other lot boundary lines measured to the building wall, not roof overhang.

2.12 Canopy, Freestanding. No limitation to visibility. Front, side and corner yard offsets to be minimum of fifteen (15) feet.

2.13 Conditional Use. A use (sometimes called a "special exception," but not to be confused with a " variance" that would not be appropriate generally or without restriction throughout a zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would not be injurious to the public health, safety, welfare, morals, order, comfort, convenience, appearance, or general welfare. Such uses may be permitted only in zoning districts listed in Article VI upon appeal, if conditional use permits are granted by the board of appeals.

2.14 Clinic. An establishment where medical or dental patients who are not lodged overnight are admitted for examination or treatment.

2.15 Cluster Development. A change from the conventional pattern of subdivision development, which groups housing units into relatively tight units while providing a unified network of open space. A variety of housing types may be utilized in clusters, including single-family, town houses, apartments, and condominiums.

2.16 Day Care Facilities. This zoning ordinance refers to three different kinds of day care facilities. Each type of facility cares for and supervises children under eighteen (18) years of age less than twenty-four (24) hours per day. The allowed location of a day care facility is defined in Article VI.

2.16a. Day Care Home refers to a private residence that provides care for up to six children. This ordinance treats a day care home as a home occupation. The home occupation regulations apply to a day care home.

2.16b. Day Care Group refers to a facility that cares for up to eighteen (18) children. If the Day Care Group is in a residential zone, the regulations of Section 8.09 apply.

2.16c. Day Care Center refers to a facility that cares for over eighteen (18) children.

2.17 District. The term applied to various geographical areas for purposes of interpreting the provisions of this ordinance. The districts are designated with the use of symbols on the official zoning map. Regulations controlling land use in the various districts are set forth in Article V, Zoning District Schedule. The terms "district" and "zoning district" are synonymous and are used interchangeably throughout this ordinance.

2.18 Dwelling. A building or portion of a building arranged or designed to provide living quarters for one or more families. The terms "dwelling", "dwelling unit," and "residence" are synonymous. (See definition of "family," 2.25).

2.19 Dwelling, One-Family. A detached dwelling designed for or occupied exclusively by one family on a single lot.

2.20 Dwelling, Two-Family. A dwelling arranged or designed to be occupied by two families in separate dwelling units living independently of each other on a single lot.

2.21 Dwelling, Group. A building or portion of a building occupied or intended for occupancy by a number of unrelated persons or families, but in which separate cooking facilities are not provided for such resident persons or families. The term "group dwelling" includes but is not limited to the terms rooming house, apartment, hotel, retirement home, nursing home, fraternity or sorority house, Y.M.C.A., Y.W.C.A., and similar organizational or institutional group. A transient hotel, motel, or tourist home shall not be deemed to be a group dwelling as herein defined.

2.22 Dwelling, Multiple-Family. A building or series of buildings on the same lot or portions thereof used or designed and rented as dwellings for three or more families living independently of each other, with the number of families in residence not exceeding the number of dwelling units provided. The terms "multiple-family" and "multi-family" are synonymous.

2.23 Dwelling Unit. One or more rooms connected together and constituting a separate, independent housekeeping establishment for use on a basis involving owner occupancy or rental (lease) on a weekly, monthly, or longer basis with provision for cooking, eating, and sleeping and physically set apart from any other dwelling units in the same structure.

2.24 Drive-In. A retail or service enterprise oriented to automobile driving patrons wherein service is provided to the consumer on the outside and/or inside of the principal building.

2.25 Family. One or more persons with the generic character of a family unit occupying a single dwelling unit and using common cooking facilities.

2.26 Garage, Public. Any garage other than a private garage which is used for storage, repair, rental, servicing, washing, adjusting, or equipping of automobiles or other vehicles.

2.27 Garage, Private. An accessory building or portion of a principal building used only for the private storage of motor vehicles as an accessory use.

2.28 Garage, Repair. Building and premises designed or used for repairing motor vehicles, trailers, and related transport carriers, provided that body work and painting shall be conducted within fully enclosed buildings and provided further that trailers and self-propelled vehicles in process of repair shall be stored in a fully enclosed and screened area.

2.29 Home Occupation. Any use conducted entirely within a dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and meeting the requirements of Section 8.00.

2.30 Junk or Salvage Yards. The use of any part of a lot, whether inside or outside of a building, for the storage, keeping, abandonment, sale or resale of junk, salvage, or scrap materials, or the dismantling, demolition, or abandonment of buildings, automobiles, or other vehicles, machinery, equipment, or parts thereof,

230a Licensed for distilled spirits, beer, wine, malt liquor. These terms are defined in the Metter Alcoholic Beverages Ordinance.

2.31 Loading Space, Off-Street. Space logically and conveniently located for pickups and deliveries off public rights-of-way, scaled to delivery vehicles expected to be used, and accessible to such vehicles at all times.

2.32 Lot. An area designated as a separate and distinct parcel of land on a legally recorded subdivision plot or in a legally recorded deed as filed in the official city records.

2.33 Lot, Corner. A lot located at the intersection of two or more streets.

2.34 Lot, Double Frontage. A lot which has frontage on more than one street, provided, however, that no corner lot shall qualify as a double frontage lot unless said corner lot has frontage on three or more streets.

2.35 Lot Width. The distance between side lot lines measured at the front building line.

2.36 Manufactured Home. A generic term for a factory-built dwelling unit transportable in one or more sections totaling no less than three hundred twenty (320) square feet and meeting the construction and safety standards of the national code administered by the U.S. Department of Housing and Urban Development (HUD). The term "manufactured home" is synonymous with the term and also includes the terms "modular," "double wide" and "prefabricated" home when built to comply with the HUD Code or latest edition of the International Building Code. The term "manufactured home" does not include "recreation vehicles" - see Section 8.04a. (Ord. dated 2-21-08)

2.37 Manufactured Home Park. A parcel of land which has been planned and improved for the placement of two or more manufactured homes or recreational vehicles. A conditional use permit shall be required for the establishment of a manufactured home park; the term "park" includes the term "community," see Section 8.04b. (Ord. dated 2-21-08)

2.38 Motel. A building or buildings in which lodging is provided and offered to the public for compensation, which is open to transient or permanent guests. The word "motel" includes the terms "motor hotel" and "tourist court".

2.38a Neighborhood Commercial Use. This use is intended to provide for the continued use and expansion of small scale, low-intensity neighborhood commercial use types, which serve and are in proximity to residential neighborhoods and is intended to ensure compatibility with adjacent residential and commercial uses. This designation is only for property that was grandfathered as a prior commercial use.

Neighborhood commercial use is defined as the following retail establishments: apparel store, book store, craft store, florist, video rental store, beauty salon, barber shop, business and professional office, copying shop, blue-print shop, shoe repair shop, tailor/seamstress shop, bakery, fruit stand, and a rental/lease facility. No use can exceed two thousand (2,000) square feet.

2.39 Nonconforming Use. A structure or land lawfully occupied by an existing use which does not conform with the permitted uses for the zoning district in which it is situated, either at the effective date of this ordinance or as the result of subsequent amendments to this ordinance.

2.40 Parking Lot. Any public or private open area used for the express purpose of parking automobiles and other vehicles with the exception of areas on the premises of single-family dwellings used for parking purposes incidental to the principal use. Parking lots may be the principal use on a given lot or an accessory use.

2.41 Parking Space. A space not less than nine by eighteen (18) feet plus maneuvering space within a parking lot or on a single-family dwelling lot expressly provided for purposes of parking an automobile or other vehicle.

2.42 Patio House. A single-family dwelling in which most, or all, of a lot is used with yard space combined instead of divided. Front, rear and side yards are consolidated into one garden area, either partially or completely bordered by rooms or enclosed by walls.

2.42a Professional Office. An office used to provide professional services in the fields of architecture, accounting, insurance, law, engineering, real estate, or similar profession.

2.43 Recreational Vehicles. A vehicular, portable structure built on a chassis, designed to be either pulled by another vehicle or self-propelled, to be used as a temporary dwelling for travel and recreational purposes. The term "recreational vehicle" includes the terms "RV", "motor home," "travel trailer" and related wheeled recreational equipment not designed for year-round occupancy.

2.44 Sign. The term "sign" shall mean and include every outdoor advertising device, billboard, poster, panel, freestanding ground sign, roof sign, projecting sign, pylon sign, illuminated sign, sign painted on a wall, window, marquee, awning or canopy, and shall include any announcement, declaration, demonstration, display, ribbon, banner, illustration, or insignia used to advertise or promote the interests of any person when the same is placed in view of the general public traveling along a public street or road right-of-way.

2.45 Signs, Number and Surface Area. For the purpose of determining number of signs, a sign shall be considered to be a single display surface or display device-containing elements organized, related, and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single sign. The surface area of a sign shall be computed as including the entire area within a regular geometric form or combinations of regular geometric forms comprising all of the display area of the sign and include all of the elements of the matter displayed. Frames and structural members not bearing advertising matter shall not be included in computation of surface area.

2.46a Sign, On-Site. An outdoor advertising device relating in its subject matter to the premises on which it is located, or to products, accommodations, services, or activities on the premises. The terms "point of sale" sign and "on-premises" signs are synonymous with "on-site" signs.

2.46b Sign, Off-Site. An outdoor advertising device other than an on-site sign including those erected by the outdoor advertising industry.

2.47 Signs, Miscellaneous Definitions. The following definitions apply to signs:

2.47.01. Animated sign. Any sign that uses movement or change of lighting to depict action or create a special effect or scene.

2.47.02. Air and gas filled device. Any sign using, either wholly or in part, forced air or other gas as means of supporting its structure.

2.47.03. Beacon. Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source; also, any light with one or more beams that rotate or move.

2.47.04. Banner. Any lightweight fabric or similar material (with or without frames) that is mounted on a pole or building. An advertising banner contains a commercial message. A non-advertising banner does not contain a commercial message. A banner used as a symbol of a government, political subdivision, or other entity is a flag. For example, a banner that says, "Close out Sale" is an advertising banner. A banner with pictures of springtime flowers is a non-advertising banner. A banner representing the Georgia Tech football team is a flag.

2.47.05. Building marker. Any sign displaying the name of a building and date and other incidental information about its construction. Such a sign is cut in a masonry surface, bronze or permanent material.

2.47.06 Building sign. Any sign attached to any part of a building.

2.47.07 Canopy or awning. A structure made of cloth, metal, or other material affixed to a building and/or supported by the ground.

2.47.08. Canopy sign. Any sign that is part of or attached to an awning, canopy, or other fabric, plastic, or other structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.

2.47.09. Changeable copy sign. Any sign or portion of [a] sign with illustrations or letters, which can be changed or rearranged without altering the face or surface of the sign. A sign on which the only copy which changes is an electric or mechanical display of the time and temperature shall be considered the "time and temperature" portion of the sign and not a changeable copy sign.

2.47.10. Commercial message. Any sign wording or other representation that directly or indirectly advertises, names, or calls attention to a business, service, or other commercial activity.

2.47.11. Construction sign. A sign identifying individuals or companies involved in design, construction, wrecking, financing, or development when placed upon the premises where work is under construction, but only for the duration of construction or wrecking.

2.47.12. Flag. Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.

2.47.13. Freestanding sign. Any sign supported by structures or supports permanently affixed to or anchored in the ground is wholly independent from any building or other structure.

2.47.14. Identification sign. Any sign displaying identification or historical information and [which] contains no commercial message of any kind.

2.47.15. Incidental sign. Any sign, generally informational, which has a purpose secondary to the use of the lot on which [it] is located (i.e., "no parking", "loading only", and other similar directives). No sign with a commercial message legible from a position off the lot on which it is located shall be considered incidental. Also, this refers to any sign conveying social greetings or congratulations.

2.47.16. Lot. Any piece of parcel of land, the boundaries of which has been established by a legal instrument of record and meets the requirements of this zoning ordinance.

2.47.17. Marquee. A permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, but not supported by the ground, and constructed of durable material to provide protection from the weather.

2.47.18. Nonconforming sign. Any sign, which does not comply with the requirements of this ordinance.

2.47.19. Normal grade. The lower of existing grade prior to construction, or the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating for the purpose of locating the sign.

2.47.20. Outdoor advertisement (billboard). A sign which directs attention to a business commodity, service or entertainment conducted, sold or offered at a location other than upon the premises on which the sign is located.

2.47.21. Pennant. Any lightweight fabric or other similar material, message or no message, suspended from a rope, wire, or string, usually in a series, designed to move in the wind.

2.47.22. Person. Any individual, firm, partnership, association, corporation, company, or organization, singular or plural, of any kind.

2.47.23. Portable signs. Any sign which is not permanently attached to the ground or other permanent structure, or a sign designed to be transported by wheels or trailer; signs converted to A-frames or T-frames.

2.47.24. Political sign. A sign identifying and urging voter support for a particular election issue, political party, or candidate for public office and which is no larger than six square feet. Any sign identifying and urging voter support for a particular election issue, political party or candidate for public office and which is larger than six square feet shall not be considered a political sign but shall be subject to the requirements of this ordinance for a sign of similar size and location.

2.47.25. Principal building. The main or principal building located upon a lot; the building in which the principal use of the premises is conducted. Lots with multiple principal uses may have multiple principal buildings. However, storage buildings, garages, and other clearly additional uses shall not be considered principal buildings.

2.47.26. Projecting sign. Any sign, which is affixed, to a building or wall and its leading edge extends beyond the line of such building or wall or beyond the surface of that portion of the building or wall to which it is affixed by more than twelve (12) inches.

2.47.27. Real estate directional signs (temporary). A nonpermanent directional sign pertaining to the sale, rent, or lease of property.

2.47.28. Real estate sign (temporary). A nonpermanent sign pertaining only to the sale, rent or lease of the property on which it is located.

2.47.29. Residential (Home Office) sign. Any sign located in a district zoned for residential uses that contains no commercial message except advertising for goods and services legally offered (i.e. home occupation)—conforming to the requirements of the zoning ordinance [this appendix]—on the premises where the sign is located.

2.47.30. Roof sign. Any sign erected, constructed, or maintained in whole or a part upon, against, or directly above the roof or parapet line by a space of no more than six inches.

2.47.31. Setback. The distance from the property line to the nearest part of the applicable building, structure, or sign, measured perpendicularly to the property line.

2.47.32. Sign. Any fixture, placard, structure, or device illuminated or non-illuminated that uses any color, form, graphic, symbol, or writing which is visible to the general public, announcing a product, service, place, activity, person, institution, business, solicitation, or to convey information of any kind.

2.47.33. Spectacular sign or device or special event sign. A sign or device including, but not limited to any piece or strip of cloth, paper, canvas, plastic or similar material, which is affixed to the principal building or the curtilage thereof, on which a message, slogan or emblem is painted, drawn or otherwise projected, colored or shaped for the purpose of advertising or drawing public attention; (ii) balloons; or (iii) vehicles, trailers, and other mobile devices which are parked or placed in a stationary position and which have a sign mounted on the vehicle or are painted to display a message and whose primary function is to act as a sign or attention getting device; (iv) other attention-getting devices, but not including banners, fluttering ribbons, flags or streamers.

2.47.34. Street. A strip of land or way, subject to vehicular as well as pedestrian traffic, that provides direct or indirect access to property, including, but not limited to, alleys, avenues, lanes, highways, roads, or other thoroughfares.

2.47.35. Street frontage. The distance, for which a lot adjoins a public street, from one lot line intersecting said street to the furthest distant lot line intersecting the same street.

2.47.36. Suspended sign. Any sign, which is suspended from the underside of a horizontal plane surface and is supported by such surface.

2.47.37. Temporary sign. Any sign, which is not permanently erected, affixed, or maintained on a premise for a long period of time (e.g., political signs).

2.47.38. Wall sign. Any sign attached parallel to, but within twelve (12) inches of a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure which is supported by such wall or building, and which displays only on one sign surface.

2.47.39. Window sign. Any sign, pictures, symbols, or combination thereof, designated to communicate information about an activity, business, sale, event, commodity, or service, which is attached to, placed upon, or painted on the interior of a door or window or upon the windowpanes or glass and is visible from the exterior of the window or door.

2.48 Street. A dedicated, deeded and accepted public right-of-way for vehicular traffic, which affords the principal means of access to abutting properties.

2.49 Structure. Anything constructed or erected, the use of which requires a fixed location on the ground, or which is attached to something having a fixed location on the ground.

2.50 Tourist Home. A dwelling in which sleeping accommodations in less than ten (10) rooms are provided or offered for the use of guests in return for compensation for a maximum thirty (30) days tenure. Any dwelling in which such accommodations are offered in ten (10) or more rooms shall be deemed to be a hotel as herein defined. The use of a dwelling as a tourist home shall not be considered an accessory use or a customary home occupation.

2.51 Tract. See "Lot," 2.32.

2.52 Use, Accessory. See "Accessory" 2.01.

2.53 Use, Conditional. See "Conditional Use," 2.13.

2.54 Use, Principal. The primary purpose for which a lot is occupied and/or used.

2.55 Variance. A modification of the strict terms of this ordinance granted by the city council where such modification will not be contrary to the public interest, and where, owing to conditions peculiar to the property such as irregular lot size, topographic or other characteristics of the land and not as the result of any action on the part of the property owner, a literal enforcement of this ordinance would result in unnecessary and undue hardship. Such modification shall not authorize a principal or accessory use of the property, which is not permitted within the zoning district in which the property is located.

2.56 Yard. A required space on the same lot with a principal building, open, unoccupied, and unobstructed by buildings or structures from ground to sky except where encroachments of accessory buildings and other structures are expressly permitted. Required parking spaces may occupy yard areas if the provisions of screening are met, see 8.024.

2.57 Yard, Front. A yard situated between the front building line and the front lot line and extending the full width of the lot.

2.58 Yard, Rear. A yard situated between the rear building line and the rear lot line and extending the full width of the lot.

2.59 Yard, Side. A yard situated between a side building line and a side lot line and extending from the front yard to the rear yard.

2.60 Zoning District. See "District," 2.17.