§ 2.2. Definitions.

For the purposes of this chapter, certain terms or words used herein shall be defined as follows:

2.2.1.  A

Accessory structure. A structure on the same lot with, and of a size and nature customarily incidental and subordinate to, the principal structure. Examples of accessory structures include, but are not limited to, the following: detached garages and/or carports; storage structures and/or barns; freestanding greenhouses; aboveground swimming pools and pool houses; tennis courts; freestanding workshops; freestanding decks and gazebos; and freestanding ATM bank machines.

Accessory use. A use on the same lot with, and of a nature customarily incidental and subordinate to, the principal use.

Acre. For the purpose of this chapter, a measure of land consisting of 43,560 square feet.

Acreage. Acres collectively in a tract of land.

Acreage, gross and/or acre, gross. The collective number of acres in an undeveloped, unimproved tract of land.

Acreage, net. The collective number of acres in a tract of land less the amount of area improved by public streets and roads.

Administrator, zoning. The director of the department of planning and development or his/her designee.

Adolescent treatment facility. A facility established for the treatment and counseling of emotionally disturbed or "troubled" adolescent boys or girls in a highly structured environment which may include housing for a temporary period of time.

Adult entertainment establishments. Any commercial establishment, which has as its primary purpose or business the offer for sale of any book, publication or film/video which depicts nudity, or sexual conduct or engages in services such as bath houses, massage parlors, wrestling parlors or like activity including a nightclub, cabaret, lounge or other establishment which features adult entertainment.

Adult entertainment. Performances by topless and/or bottomless dancers, strippers or similar entertainers, where such performances are characterized by the display or exposure of specific anatomical areas; any book, publication or film/video which depicts nudity, or sexual conduct, and bath houses, massage parlors, wrestling parlors or like activity including a nightclub, cabaret, lounge or other establishment which features adult entertainment.

Agriculture. Agriculture shall be considered to mean the raising of soil crops and livestock in a customary manner on tracts of land at least five (5) acres in size and shall include all associated activities. Selling of products raised on the premises shall be considered a permissible activity provided that space necessary for the parking of customers' vehicles shall be provided off the public rights-of-way.

Alley. A private or public thoroughfare which affords a secondary means of access to abutting property and not intended for general traffic circulation.

Amenity. Aesthetic or other characteristics that increase a development's desirability to a community or its marketability to the public. Amenities may differ from development to development but may include such things as recreational facilities, pedestrian plazas, views, streetscape improvements, special landscaping, water features, or attractive site design.

Apartment. A dwelling unit for lease or rent within an apartment building or other similar building for occupancy for an extended period of time.

Apartment, accessory. An accessory dwelling which is subordinate to a principal structure or use which may be rented by persons not related to the owner of the property.

Apartment building. A residential building containing three (3) or more dwelling units exclusive of a townhouse building or unit.

Apartments, garden. A multifamily dwelling development consisting of residential buildings two (2) to three (3) stories in height with generous landscaping and recreational areas.

Automotive garage. A use primarily for the repair, replacement, modification, adjustment, or servicing of the power plant or drive-train or major components of automobiles and motorized vehicles. The repair of heavy trucks, equipment, and automobile body work shall not be included in this use. The outside storage of unlicensed and unregistered vehicles is prohibited as part of this use (see "Automotive specialty shop and service station").

Automotive minor repair. Automotive maintenance functions including, but not limited to, the replacement, installation or repair of tires, mufflers, batteries, brakes and master cylinders, shock absorbers, electrical instruments and minor tune-ups involving the changing of spark plugs, points or condenser, and engine block oil changes for passenger cars, vans, and light trucks only.

Automotive specialty shop. A use which provides one (1) or more specialized minor repair, sales and/or maintenance functions such as the sale, replacement, installation or repair of tires, mufflers, batteries, brakes and master cylinders, shock absorbers, instruments (such as speedometers and tachometers), radios and sound systems or upholstery for passenger cars, vans, and light trucks only. No use authorized herein shall permit any private or commercial activity which involves the painting, repair, or alteration of the auto body; nor shall any repair, replacement, modification, adjustment, or servicing of the power plant or drive-train or cooling system be permitted, except that minor tune-up involving the changing of spark plugs, points or condenser, including engine block oil changes, are permitted.

2.2.2.  B

Bed and breakfast inn. A facility, residential in nature, in which overnight accommodations are provided to visitors for compensation, frequently with a morning meal. A bed and breakfast inn may include an afternoon and/or evening meal for guests. The operators of the facility live on the premises. A bed and breakfast inn does not include retail uses, public bar, or conference center.

Berm. An earthen mound or embankment, usually two (2) to six (6) feet in height, designed to screen views, reduce noise, or fulfill other such purposes.

Brewery. An establishment that manufactures malt beverages.

Brewpub. Any restaurant in which beer or malt beverages are manufactured or brewed, subject to the requirements of O.C.G.A. §§ 3-5-35—3-5-38, except package sales do not count towards the required point of alcohol sales at said restaurant.

Buffer. A barrier which is created by use of trees or other acceptable plant or vegetative material alone or in combination with berms, fencing, or walls used to physically separate or screen one (1) use or property from another so as to visually shield or block noise, lights, and/or dissimilar uses. A buffer, when required by this chapter, is in addition to the amount of area required by a setback unless otherwise stated. Buffer areas shall be required along all property lines, including those which abut along a public right-of-way as indicated in this chapter.

Buffer, natural/undisturbed. An existing natural barrier which contains a stand of evergreen trees or other acceptable vegetative material with a density or intensity which in the opinion of the planning staff meets the intent of the definition of a buffer.

Buffer, planted/landscaped. A planted natural barrier which contains a stand of evergreen trees or other acceptable vegetative material with a density or intensity which in the opinion of the city planning staff meets the intent of the definition of a buffer.

Buildable area. The portion of a lot remaining and available for construction of a structure after required setbacks, yards, and buffers have been provided. Buildable area cannot contain any setback areas, easements, and similar building restrictions, and cannot contain any land that is identified as floodplain areas, riparian buffer areas, except as otherwise provided in this chapter.

Building. Any structure which has a roof and which is for the shelter, support or enclosure of persons, animals, or property of any kind.

Building, accessory. A detached, subordinate structure, the use of which is clearly incidental to, customarily associated with, and related to the principal structure or use of the land, and which is located on the same lot as the principal structure or use.

Building, principal. The building containing or to contain the principal use of a lot.

Building height. The vertical distance of a building measured from the average elevation of the finished lot grade along the front of the building to the highest point of the building.

Building line. A building line is one which is no closer to a lot line than the minimum yard setback requirements. (also referred to as yard line)

Building type. The arrangement of structures and their placement next to, above, or below each other. "Single-family detached" and "multifamily attached" are examples of residential building types.

Bumper blocks. Raised concrete wheel stops placed at the head of a parking space to keep a vehicle from encroaching into an adjoining parking space or landscape buffer.

2.2.3.  C

Car wash, principal. A primary or main use which provides space for cleaning vehicles.

Car wash, accessory. A customarily incidental use of an attached or detached bay for cleaning vehicles.

Carport. A partially enclosed structure used for the housing of motor vehicles, the property of, and for use only by the occupants of the lot upon which such structure is located. For purposes of zoning, a carport attached to a principal structure shall be regarded as part of that principal structure and not as an accessory structure. A detached carport shall be classified as an accessory structure.

Cemetery, human. The use of property as a burial place for human remains. Such a property may contain a mausoleum.

Cemetery, pet. The use of property as a burial place for the remains of pets. Such a property may contain a mausoleum.

Club or lodge, noncommercial. An incorporated or unincorporated association for civic, social, cultural, religious, fraternal, literary, political, recreational, or like activities, operated for the benefit of its members and not open to the general public.

Cluster development. A development design technique that concentrates buildings on a part of the site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive features.

Commercial vehicle. A school bus, commercial bus, or church bus, tractor trailer, tandem rig, or any other vehicle driven for hire or utilized in conducting business affairs, such as transportation of equipment, freight, goods, or individuals.

Communication tower. A structure that is intended to send and/or receive radio, television, or cellular communications. This term does not include noncommercial shortwave radio towers.

Condominium. A building containing three (3) or more individually owned dwelling units and related, jointly owned, common areas as defined by the laws of the State of Georgia.

Construction vehicle. Any vehicle (other than passenger vehicle, pick-up or panel truck) having a primary purpose of land clearing or grading, hauling, and use in building construction, including, but not limited to, earth moving equipment such as bulldozers, loaders, backhoes, bobcats, trenching machines and dump trucks.

Consumer fireworks retail sales facility means a permanent or temporary building or structure, stand, tent, canopy or membrane structure that is used primarily for the retail display and sale of consumer fireworks to the public. Said definition shall not apply to facilities or stores where the consumer fireworks are in packages in which the total quantity of fireworks on hand does not exceed one hundred twenty-five (125) pounds (net) [56.8 kilograms] of pyrotechnic composition or, in a building protected throughout with an approved automatic sprinkler system installed in accordance with National Fire Protection Association (NFPA) 13, Standard for the Installation of Sprinkler Systems, not to exceed two hundred fifty (250) pounds (net) [113.6 kilograms] of pyrotechnic composition.

Convenience store. A use offering a limited variety of groceries, household goods, freshly prepared foods, and personal care items, always in association with the dispensing of motor fuels as an accessory use, but in all cases excluding vehicle service, maintenance, and repair.

Crematory. A facility authorized by the State of Georgia Department of Human Resources, other than a hospital, clinic, or laboratory, in which cremation is performed.

2.2.4.  D

Day care facility. Any place operated by a person, society, agency, corporation, institution or group, and licensed or registered by the State of Georgia as a group day care home or day care center, wherein are received for pay for group supervision and care, for fewer than twenty-four (24) hours per day, seven (7) or more persons.

Density. The number of families, individuals, dwelling units, or housing structures per unit of land. The standard for density in single-family attached and multifamily districts shall be gross density which includes all land within the boundaries of the area excluding floodplain areas and standing bodies of water.

Development. The subdividing of land into two (2) or more lots; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; and any use or extension of the use of land.

Dimension stone. Natural stone or rock that has been selected and fabricated (i.e., trimmed, cut, drilled, ground, or other) to specific sizes or shapes.

Distillery. An establishment that manufactures distilled spirits.

Dwelling, duplex. A building containing two (2) single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof.

Dwelling, multifamily. A building containing three (3) or more dwelling units, with each dwelling unit having a common wall or common floor connecting it to at least one (1) other dwelling unit in the building.

Dwelling, patio house. A single-family detached dwelling designed around an open court within the interior of the lot, around which rooms are located and oriented (also known as an atrium house).

Dwelling, single-family attached. One (1) of a series of two (2) or more single-family dwelling units on separate lots attached to another dwelling unit on an adjoining lot by a common party wall.

Dwelling, single-family detached. A building containing one (1) dwelling unit and that is not attached to any other dwelling by any means and is surrounded by open space or yards.

Dwelling, townhouse. One (1) of a group of three (3) or more single-family attached dwelling units under fee simple or condominium or cooperative ownership, as defined by the laws of the State of Georgia, in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one (1) or more vertical common fire-resistant walls. For the purposes of this chapter the term "townhouse dwelling" shall not include a single-story attached dwelling unit.

Dwelling unit. An enclosure of one (1) or more rooms in addition to kitchen and bathroom facilities, but excluding closets, designed or constructed as a unit for residential occupancy by one (1) family.

2.2.5.  E

EarthCraft House certification. A green building program that addresses energy efficiency, durability, indoor air quality, resource efficiency, waste management, and water conservation.

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

Ecodevelopment. A proactive development approach, whereby actions such as incorporating natural topography, landscaping with native plant species, creating natural stormwater management systems, and decreasing impervious cover are implemented in order to improve water quality, reduce infrastructure needs, and to minimize the negative secondary effects on ecology caused by land development.

Equipment, heavy duty. Includes, but is not limited to, bulldozers, loaders, backhoes, bobcats, farming equipment, or other similar machinery.

Extended-stay occupancy. Temporary lodging at an establishment providing dwelling units for occupancy for a period of time consisting of thirty (30) consecutive days or longer.

2.2.6.  F

Family. A group of individuals not necessarily related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability in a permanent and long-term relationship as opposed to one that is short-term or transient.

Family day care. A home occupation in which shelter, care, and supervision are provided for six (6) or fewer persons on a regular basis. A family day care may provide basic educational instruction.

Floor area, gross. The total number of square feet of floor area in a building determined by horizontal measurements between the exterior faces of walls, excluding basement areas, porches, carports, and garages.

Floor area, net. The sum of all floors of a structure as measured to the outside surfaces of exterior walls, excluding halls, stairways, restrooms, elevator shafts, spaces devoted exclusively to permanent mechanical systems, permanent storage areas, attached and detached garages, porches, balconies, attics with less than seven (7) feet of head room, basements, patios, and decks.

Funeral home. A building used for human funeral services. Such building may contain a chapel and space and facilities for embalming and the performance of other services used in the preparation of the dead for burial or cremation, the performance of autopsies and other surgical procedures, the indoor storage of caskets, funeral urns, and other related funeral supplies, and the indoor storage of funeral vehicles. Cremation of the dead may occur within the building.

2.2.7.  G

Green building. A method of building which includes protecting existing trees and natural landscape by clearing only the amount of area needed to construct the building, recycling job site waste, installing high-efficiency water heaters and appliances, using engineered lumber products, recycled building materials and nontoxic building materials, constructing energy-efficient buildings with highly insulated walls and ceilings and double pane windows and installing water conserving landscaping and plumbing, such as the use of native, drought-tolerant plants and low-flow water fixtures, and utilizing fly ash concrete in foundations.

Group home. A dwelling shared by twelve (12) or less persons, excluding resident staff, who live together as a single housekeeping unit and in a relatively permanent, family-like environment in which staff persons provide assisted living care and participation in community activities for the residents with the primary goal of enabling the residents to live as independently as possible. This use shall apply to homes for the handicapped. As used herein, the term "handicapped" shall mean having:

(1)

A physical disability that substantially limits one (1) or more of such person's major life activities so that such person is incapable of living independently;

(2)

A record of having such disability; or

(3)

Being regarded as having such a disability.

However, "handicapped" shall not include current illegal use of or addiction to a controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals. The term "group home" shall not include the following uses:

(1)

Alcoholism or drug treatment center;

(2)

Work release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarceration;

(3)

Medical or psychological treatment center;

(4)

Homeless shelter or hospice.

Guest house. A detached accessory dwelling unit located on the same lot with a single-family dwelling unit. The square foot area of a guest house may not exceed fifty (50) percent of the heated and finished floor area of the principal building on the lot or one thousand (1,000) square feet in floor area, whichever is less, and may be used only by family members, guests, or family employees without payment or consideration.

2.2.8.  H

Halfway house. A less permanent and less family-like living arrangement established to help people recovering from drug or alcohol addictions adjust to a drug-free lifestyle. A halfway house may also be used to provide a structured living environment for persons learning to adjust to society after being imprisoned.

Heated floor area. The finished area within a building or structure that is heated by the main central heating system installed to serve said building or structure. For example, the floor area of an unfinished basement of a residential dwelling or an attached garage to a residential dwelling is not included in determining the amount of heated floor area of a residential dwelling. ("Heated floor area" and "living area" shall have the same meaning.)

Home occupation. An occupation for gain or support customarily conducted on the premises by a person or family residing thereon. The term "home occupation" shall not be deemed to include a bed and breakfast inn.

Homeless shelter. Charitable, nonprofit, short-term housing and/or room and board accommodations for the homeless for which there is no charge, monetary or other, to the person being provided such temporary housing.

Hospice. A home-like facility for the care of terminally ill persons in which food, shelter and nursing care is provided.

Hospital. Any institution receiving in-patients, or a public institution receiving out-patients, 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 psychotics or drug addicts, but shall not include office facilities for the private practice of medicine or dentistry.

Hotel. A facility offering transient lodging accommodations to the general public at a daily rate or weekly rate for a period of continuous guest occupancy not to exceed thirty (30) days, and providing additional services, such as restaurants, meeting rooms, entertainment, and recreational facilities. Guest quarters are accessible through a main entrance and by hallways. Only ten (10) percent shall be allowed for extended stay occupancy, unless such guest quarters are paid for by a corporate entity with a federal tax I.D. number.

2.2.9.  I

Impervious surface. Any material or surface that prevents absorption of stormwater into the ground. Includes, but is not limited to, buildings, asphalt and concrete surfaced streets, parking lots, and sidewalks.

Impervious surface, non. All that area of a lot which is not covered by buildings, asphalt or concrete surfaced streets, parking lots, or sidewalks or any other impervious surface.

Industrialized building. A factory-fabricated dwelling or commercial unit built in one (1) or more sections designed to fit together on a permanent foundation but which usually does not originally have wheels for movement and which is constructed in accordance with the Georgia Industrialized Building Act and which bears the seal of approval issued by the commissioner of community affairs (includes the term "modular building").

Infill Development. New construction or redevelopment that occurs on vacant lots or lots having remaining buildable area in otherwise developed locations. Infill projects can take several forms, such as a single-lot development or multi-parcel projects.

2.2.10.  J

2.2.11.  K

Kennel. An establishment in which dogs or other domesticated animals are housed, groomed, bred, boarded, trained, or sold, all for a fee or compensation.

2.2.12.  L

Leadership in Energy and Environmental Design (LEED). Green building certification system, developed by the U.S. Green Building Council, that provides third-party verification that a building or community was designed and built using strategies aimed at improving performance in energy savings, water efficiency, carbon dioxide emissions reduction, improved indoor environmental quality, and stewardship of resources and sensitivity to their impacts.

Livestock. Domestic animals raised for use and/or sale.

Lot. A lot of record, or any combination of lots of record, held in a single ownership by one (1) person, or in common ownership by more than one (1), which has both lot area and lot dimensions equal to or greater than the lot width and lot area requirements established by this chapter for the zoning district in which such tract of land is located and for the use proposed for the tract of land.

Lot, corner. A lot having frontage on two (2) or more public streets at their intersection.

Lot coverage. That portion of the lot that is covered by buildings. Lot coverage excludes paved walkways, drives, and parking areas.

Lot depth. The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.

Lot frontage. The shortest lot line adjoining a street right-of-way. A lot line adjoining a stub street shall not be considered as frontage unless it is proposed for access or is the only street frontage. Front yard requirements shall be measured from this lot line. In situations where a multiple frontage lot has equal distance on street frontages, the zoning administrator shall determine the legal lot frontage.

Lot line. A line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public space.

Lot line, front. The lot line separating a lot from a street right-of-way.

Lot line, rear. The lot line most opposite and most distant from the front lot line.

Lot line, side. Any lot line other than a front or rear lot line.

Lot of record. A lot that exists as shown or described on a plat or deed in the records of the Office of the Clerk of the Superior Court of Bartow County.

Lot of record, substandard. A parcel of land that has less than the minimum area or minimum dimensions required in the zone in which the lot is located.

Lot, through. A lot that fronts upon two (2) parallel streets or that fronts upon two (2) streets that do not intersect at the boundaries of the lot.

Lot width. The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required setback line.

2.2.13.  M

Manufactured home. A structure transportable in one (1) or more sections 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. Such dwelling is regulated by the manufactured home construction and safety standards, of the most recently adopted HUD Code.

Microbrewery. An establishment in which not more than fifteen thousand (15,000) barrels of beer or malt beverages are manufactured or brewed on the licensed premises in a calendar year and in which such manufactured or brewed beer or malt beverages may be sold for consumption on the premises and consumption off premises, subject to the limitations prescribed in O.C.G.A. § 3-5-24.1. As used in this definition, the term "barrel" shall be defined as set forth in O.C.G.A. § 3-5-1.

Mineral extraction. Severance and/or removal of sand, stone, gravel, topsoil, and other mineral resources whenever such severance and/or removal is not conducted in conjunction with a permitted development activity.

Mining, surface. Any activity constituting all or part of a process for the removal of minerals, ores, and other solid matter for sale or for processing or for consumption in the regular operation of a business. Tunnels, shafts, borrow pits of less than 1.1 disturbed acres, and dimension stone quarries, in which building stone is quarried and prepared in regularly shaped blocks, shall not be considered to be surface mining.

Mobile home. Any trailer, vehicles, or similar portable structure mounted on wheels, or designed for mounting on wheels, intended for dwelling purposes, including structural additions, except camping type trailers parked and unoccupied. Such unit shall be considered a mobile home whether or not the wheels have been removed and whether or not on a permanent foundation.

Mobile home park. A parcel of land which has been planned and improved for the placement of manufactured and mobile homes for nontransient use on leased sites and which may include other facilities such as a grocery store and laundromat established to specifically serve the mobile home park.

Modular structure. A factory-fabricated, transportable structure consisting of units designated to be incorporated at a structure site on a permanent foundation into a structure.

Motel. A facility offering transient lodging accommodations to the general public at a daily rate or weekly rate for a period of guest occupancy and it may provide additional services, such as restaurants, meeting rooms, entertainment, and recreational facilities. Guest quarters are accessible through a main entrance and by internal hallways. Only ten (10) percent shall be allowed for extended stay occupancy, unless such guest quarters are paid for by a corporate entity with a federal tax I.D. number.

Motel apartment. A facility offering transient lodging accommodations to the general public for extended stay occupancy which may provide additional services, such as restaurants, meeting rooms, entertainment, and recreational facilities. Guest quarters are accessible through a main entrance and by internal hallways. Such use shall meet the development standards of the MF-14 zoning district.

2.2.14.  N

Nonconforming use. A lawful use of, or vested right to use any building, structure or land existing at the time of the adoption of this chapter or the adoption of any amendment thereto.

Nonsubdivided. Any lot having more than one (1) zoning district applicable to said lot.

Nursing home facility. Housing for elderly, chronically, or terminally ill persons in which food, shelter and nursing care is provided for compensation.

2.2.15.  O

Office, professional. Includes, but is not limited to, offices of accounting, auditing, bookkeeping, engineering, architectural, finance, real estate, and insurance professions.

Office, temporary. A trailer, mobile home, manufactured, or modular building which is used as a sales office, on-site construction management office or related functions.

Official zoning map. A legally adopted map that conclusively shows the location and boundaries of zoned districts existing at the time of adoption of said map and any adoption of amendments thereto.

Open space. Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, or for the preservation and protection of environmentally sensitive land areas or natural land features. Excludes streets, drives and yards.

Ordinance. This chapter and all amendments thereto including the Official Zoning Map of the City of Cartersville adopted in conjunction with this chapter.

Organic architecture. A building or structure design that is suitable to, and in the nature of the site or the environment, the use, the building materials and the construction process. The local climate, vistas, site topography, the positioning of the sun, and the functional needs of the building and client are all considered in the design of the project, and native building materials are used naturally in the construction of the building.

Outdoor display. The displaying of goods or merchandise outdoors on the property with the intent to advertise for sale said goods.

Outdoor play structure. For the purposes of this chapter, an outdoor play structure shall mean any structure (except pools) erected on a lot for the purpose of recreational use. Includes, but is not limited to, slides, swings, climbing equipment, and play houses. Outdoor play structures shall be considered accessory structures.

Outdoor storage. The keeping, in an unenclosed area, of any goods, salvage, material, merchandise, storage trailers, or vehicles outdoors on the property for more than twenty-four (24) hours. The term "outdoor storage" shall not include the keeping of vehicles or manufactured housing structures on sales lots in districts which allow such sales lots.

Outparcel. A portion of a larger parcel of land generally designed as a site for a separate structure and business from the larger tract. An outparcel may or may not be a subdivision of a larger parcel. To be recognized as an outparcel, the portion must be identified on a site plan approved for the larger parcel.

Owner(s). If a sole proprietorship, the proprietor; if a partnership, all partners (general and limited); if a corporation, all officers, directors and persons holding at least ten (10) percent of the outstanding shares.

2.2.16.  P

Permanent makeup is synonymous with cosmetic tattooing and includes the application of permanent eyeliner, eyebrows, full lip color, re-pigmentation or camouflage using tattooing techniques of placing pigments under the skin. Camouflage, a method of disguising or concealing permanently blotchy or irregularly pigmented skin, acne scarring or other permanent skin irregularities by the use of blending pigments into the skin, is allowed. Tattoo camouflage, using tattooing methods to cover up, mask, or alter an existing tattoo so that it is either rendered less noticeable or takes on a different design, thereby obliterating the original design, is prohibited.

Permitted use. Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

Personal care home. A use in which care is provided for elderly nonfamily members who are typically provided with food, shelter and care. This use may include adult day care facilities which do not provide domiciliary care. This use shall not include hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the physically sick or injured or mentally ill or disturbed.

Personal service establishment. A facility engaged in the provision of services to persons and their apparel, including, but not limited to, barber and beauty shops, coin-operated and full service laundries and dry cleaners, photographic studios, shoe repair and shoeshine shops, and travel agencies, unless already defined.

Piercing parlor is any place in which a fee is charged for the act of penetrating the skin to make a hole, mark, or scar, generally permanent in nature. Does not include the use of a mechanized, pre-sterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear or both.

Places of assembly. A building, or part of a building, in which facilities are provided for such purposes as meetings for civic, educational, political, or social purposes and may include a banquet hall, private club, or fraternal organization.

Planned development. A tract of land developed under a single ownership or control based on a plan which allows for flexibility of design not available under normal zoning district requirements.

Planned shopping development. Two (2) or more commercial establishments with a total gross floor area of at least forty thousand (40,000) square feet, planned and managed as a single unit with off-street parking and loading facilities provided on the property.

Plat. A map, plan, or layout of a county, city, town, lot, section, subdivision, or development certified by a registered surveyor indicating the location and boundaries of a property or properties.

Prefabricated structure. A structure manufactured at an offsite location and brought to a site as fully assembled for installation.

2.2.17.  Q

2.2.18.  R

Recreational vehicle. Boat trailers and any type of portable structure without a permanent foundation, which can be towed, hauled or driven or designed for temporary living accommodations for recreational, camping, and travel use, including, but not limited to, travel trailers, truck campers (on or off the truck), camping trailers and self-propelled motor homes.

Recycling center, collecting. Any facility utilized for the purpose of collecting materials to be recycled including, but not limited to, plastics, glass, paper, and aluminum materials. Such use may be principal or accessory to a nonresidential use on nonresidentially zoned property.

Recycling center, processing. Any facility utilized for the purpose of collecting, sorting, and processing materials to be recycled including, but not limited to, plastics, glass, paper, and aluminum materials whenever.

Repair garage, automobile. A use which may provide a full-range of automotive repairs and services including, but not limited to, major overhauls, engine and transmission repair, rebuilding, and replacement and may include paint and body shops. The outside storage of unlicensed and unregistered vehicles is prohibited as a part of this use.

Repair garage, heavy equipment. A use which may provide a full-range of repairs and services including, but not limited to, major overhauls, engine repair, rebuilding, and replacement on heavy duty trucks and equipment and may include paint and body shops. The outside storage of unlicensed and unregistered vehicles is prohibited as a part of this use.

Religious institution. A building in which persons regularly assemble for religious worship intended primarily for purposes connected with such worship, or for teaching a particular form of religious belief. Excludes a religious bookstore or similar establishment.

Residential. Pertaining to the use of land, means premises such as single-family detached and attached homes, patio homes, townhouses, mobile homes, duplexes, condominiums, or apartment complexes which contain habitable rooms for nontransient occupancy and which are designed primarily for living, sleeping, cooking, and eating therein.

Retail business. A business consisting primarily of buying merchandise or articles in gross and selling to general consumers in small quantities or broken lots or parcels and not in bulk and not for resale.

Retirement center. A residential housing development consisting of building(s) or individual housing units designed for senior adults. This development may include, but not be limited to, transportation, medical care, food preparation, and the like. Restrictions on this development based on age, declarations, bylaws, homeowners' association, and the like shall not be enforced by the City of Cartersville.

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

2.2.19.  S

Salvage yard. Use of property for outdoor storage, keeping, abandonment, sale, or resale of salvage including scrap metal, used lumber, salvaged house wrecking and structural steel materials and equipment, or for the dismantling, demolition, or abandonment of automobiles or other vehicles or machinery or parts thereof.

School. A facility where persons regularly assemble for the purpose of instruction or education including any playgrounds, stadiums, or other structures and grounds used in conjunction therewith. The term "school" shall include, but is not limited to, public and private schools used for pre-kindergarten, primary, secondary, or post-secondary education.

Setback. The required minimum distance between the structure, whether principal or accessory, and any lot line.

Setback line. That line that is the required minimum distance of a structure from any lot line and that establishes the area within which the principal structure must be erected or placed.

Service station. A use which provides for the sale of motor vehicle fuels and automotive accessories, and which may provide minor repair and maintenance services. A service station shall be limited to two (2) bays.

Sign, freestanding. A self-contained sign structure of a permanent nature which is wholly independent of any building or other structure.

Special use. A use approved by the board of zoning appeals, in accordance with a public hearing, which authorizes such use which must meet certain standards which may exceed the requirements of the district as a whole.

Street, alley. A street having a minimum right-of-way of twenty (20) feet and which is used primarily as a service way providing a secondary means of public access to abutting property and not intended for general traffic circulation.

Street, arterial. A street having a minimum right-of-way of one hundred (100) feet and which is used primarily for fast and heavy traffic flow, is of considerable continuity, and is used as a traffic artery for inter-transportation between large areas.

Street, local. A street having a minimum right-of-way of sixty (60) feet and which is used primarily in residential subdivisions for access to abutting properties as opposed to the collection and disbursement of traffic.

Street, major collector. A street having a minimum right-of-way of eighty (80) feet and which carries traffic from activity centers and minor collector streets to arterial streets.

Street, minor collector. A street having a minimum right-of-way of sixty (60) feet and which is primarily used as a link between local streets and major collectors or arterial streets.

Street, public. Right-of-way dedicated to the city or owned by the city, or any other state or county public right-of-way.

Street connectivity. The quantity and quality of connections in the street network. The design of the street network determines how direct or indirect the connections are and governs the number of paths that connect two (2) places.

Structure. Anything constructed, erected, or placed with a fixed location on or in the ground, or attached to something having a fixed location on the ground. The term "structure" shall include, but is not limited to, buildings, mobile homes, billboards, freestanding signs, swimming pools, fall-out shelters, and truck or van trailers or bodies if detached from the cab of the vehicle and placed on the property to be used as a storage facility. For the purposes of this chapter, privacy walls and/or fences shall not be considered structures.

Structure, accessory. A subordinate structure, customarily incidental to a principal structure or use and is located on the same lot. Examples of accessory structures in residential districts shall include, but is not limited to, tool sheds, guest houses, detached garages, and play sets. Examples of accessory structures in nonresidential districts shall include, but is not limited to, storage buildings, freestanding signs, play sets, and detached carwashes.

Structure, principal. A structure in which the principal use or purpose on a property occurs, and to which all other structures on the property are subordinate. Principal shall be synonymous with main and primary.

Subdivision. Any division of a tract or parcel of land into two (2) or more lots, building sites, or other parts for the purpose of immediate or future sale, legacy, or building development. The term includes resubdivision and any division of land involving a new street, existing street, or a change in existing streets, and, as appropriate to the context, relates to the process of subdividing or to the land or area subdivided. The term does not include the combination or recombination of portions of previously platted lots, where the total number of lots is not increased and the resultant lots meet the standards of the city, or the division of land into parcels of five (5) acres or more, where no new streets or new utility services are involved.

Subdivision design, conventional. Residential developments where all the land is divided into house lots and streets.

Subdivision design, open space. Residential developments where a percentage of the buildable land area is designated as common undivided, permanent open space.

Surface, all-weather. Any surface treatment, including gravel, which is applied to and maintained so as to prevent erosion, and to prevent vehicle wheels from making direct contact with soil, sod or mud; and which effectively prevents the depositing of soil, sod or mud onto streets from areas required to be so treated.

Sustainable development. A pattern of resource use that aims to meet human needs while ensuring that future needs may be met.

2.2.20.  T

Tattoo parlor is any place in which is offered or practiced the placing of designs, letters, scrolls, figures, symbols or any other marks upon or under the skin of any person with ink or any other substance, resulting in the permanent coloration of the skin, excluding permanent makeup (also known as cosmetic tattooing), by the aid of needles or any other instrument designed to touch or puncture the skin.

Townhouse. A multi-living unit structure in which each living unit and lot is owned in fee simple. Individual dwelling units within a townhouse are separated by a firewall.

Travel trailer. A vehicular portable structure whether self-propelled or pulled by a power unit, designed for temporary occupancy for travel, recreation, or vacation uses. See also "recreational vehicle".

Truck, heavy duty. A vehicle designed for hauling supplies, materials, or other vehicles and which has a weight of four (4) tons or greater empty weight or having a carrying capacity of more than one and one-half (1½) tons.

Truck terminal. A primary use of property where trucks/trailers are temporarily stored, maintained, or based. Trucks/trailers shall have current registration and license plates with decal.

2.2.21.  U

Use, accessory. A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.

Use, principal. 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.

2.2.22.  V

Variance. A variance is a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.

2.2.23.  W

Wholesale business. A business primarily engaged in the selling of goods or articles in gross to retailers or jobbers for resale and not to the ultimate consumer.

Wildlife conservation park. A place where animals are kept, often in combination of indoor and outdoor spaces, and are viewed by the public.

2.2.24.  X

2.2.25.  Y

Yard. An open space that lies between the principal building or buildings and the nearest line. The minimum required yard as set forth in this chapter is unoccupied and unobstructed from the ground upward except as may be specifically provided in this chapter.

Yard, front. A space extending the full width of the lot between any building and the front lot line and measured perpendicular to the building at the closest point to the front lot line.

Yard, rear. A space extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line.

Yard, required. The open space between a lot line and the yard line within which no structure shall be located except as provided in this chapter.

Yard, side. A space extending from the front yard to the rear yard between the principal building and the side lot line and measured perpendicular from the side lot line to the closest point of the principal building.

Yard line. A line drawn parallel to a lot line at a distance therefrom equal to the depth of the required yard. Also referred to as a building line.

2.2.26.  Z

Zoning. The power of local governments to provide within their respective territorial boundaries for the zoning or districting of property for various uses and the prohibition of other or different uses within such zones or districts and for the regulation of development and the improvement of real estate within such zones or districts in accordance with the uses of property for which such zones or districts were established.

(Ord. No. 01-13, § 1, 1-3-13; Ord. No. 06-13, §§ 1, 2, 4-4-13; Ord. No. 23-15, § 1, 7-2-15; Ord. No. 02-18, § 1, 1-18-18; Ord. No. 24-18, § 1, 12-6-18)