Section 2Definitions

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

2-1. Interpretation of Certain Terms and Words. 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 "person" includes a firm, partnership, company, corporation or association.

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

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

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

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."

2-2. Accessory Building. 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, including residential swimming pools.

2-3. Administrator, Zoning. The person, officer, or official and his authorized representative, whom the city council has designated as its agent for the administration of these regulations. (See section 11-1.)

2-3A. 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.

2-3B. Adult Entertainment Establishment. Any commercial establishment, which has as its primary purposes or business the offer for sale of any book, publication, or film which depicts nudity, or sexual conduct or engages in services such as bathhouses, massage parlors, wrestling parlors or like activity, including a nightclub, restaurant, cabaret, lounge or other establishment which features adult entertainment.

2-3C. Alternative tower structure. Clock towers, bell towers, church steeples, light/power poles, electric transmission towers, manmade trees (without accessory buildings/structures), and similar natural or manmade alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

2-4. Bed and Breakfast. A homeowner occupied dwelling in which lodging and meal(s) are furnished for compensation for three or more, but not exceeding, eight guests. Such dwelling shall contain no more than four guest rooms. In R-20 and R-12 zoning districts, use is restricted to the City of Ashburn's locally recognized historic district(s).

2-5. Buffer Area; Buffer Strip. A landscaped open area and/or screened area designed to separate incompatible uses.

2-6. Building. Any structure, except a mobile home or trailer, which has a roof and which is for the shelter, support or enclosure of persons, animals, or property of any kind.

2-7. 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.

2-7A. Church. A building in which persons regularly assemble for religious worship intended primarily for purposes connected with such worship, or for propagating a particular form of religious belief.

2-8. Club or Lodge, Private. 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.

2-9. Care Home. An orphanage, rest home, nursing home, convalescent home, boardinghome for the aged, or similar use established to render domiciliary care, but not including facilities for the care of mental patients, alcoholics, drug addicts and not including nursery schools.

2-9A. Collation. The use of a wireless telecommunications facility by more than one wireless telecommunications provider.

2-10. Condominium. A building containing three or more individually owned dwelling units and related, jointly owned, common areas as defined by the laws of the State of Georgia.

2-11. Curb Cut. The providing of ingress and/or egress between property and an abutting public street.

2-12. Density. The overall intensity of land use for the total project. When referring to residential areas, density is defined as the number of housing units permitted per acre in the respective zoning district involved in accordance with the terms of this zoning ordinance or as authorized under the development standards of this ordinance.

2-13. Dwelling, Single-Family. A detached building used and either designed or constructed for one dwelling unit.

2-14. Dwelling, Single-Family Attached. One of a series of two or more single-family dwelling units built on separate lots attached to another dwelling unit on an adjoining lot by a common party wall.

2-15. Dwelling, Manufactured Home. A manufactured home is a detached structure transportable in one or more sections, which is built on a permanent chassis and is designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein. For the purposes of the administration of this ordinance, the term manufactured home shall be interpreted to include mobile homes.

2-15A. Manufactured Housing Park. An area, under single ownership and not subdivided into customary lots planned for individual ownership, containing three or more manufactured homes used as living facilities having a defined space, or an area containing three or more spaces designed or intended for parking of manufactured homes to be used as living facilities for rent or lease.

2-16. Dwelling, Two-Family or Duplex. A building either designed, constructed, altered, or used for two adjoining dwelling units that are connected by a fire rated common wall and/or if two stories in height by a fire rated common floor.

2-16A. Dwelling, Three-Family or Triplex. A building either designed, constructed, altered or used for three adjoining dwelling units that are connected by a five rated common wall or walls, or if more than one story in height, by a fire rated floor or floors.

2-17. Dwelling, Multifamily. A building either designed, constructed, altered, or used for more than three adjoining dwelling units, with each dwelling unit having a party wall or party floor connecting it to at least one other dwelling unit in the building. This includes apartments, condominiums, or any other type of multifamily structure.

2-18. Dwelling Unit. An enclosure of one or more rooms, including kitchen, and bathroom facilities, designed or constructed as a unit for residential occupancy by one family.

2-19. Family. One or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a boardinghouse, lodging house, hotel, or fraternity or sorority house.

2-20. 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, attic, porches, carports, and garages.

2-20A. Height. When referring to a tower or other structure, means the distance measured from ground level to the highest point on the tower structure or appurtenance.

2-21. Home Occupation. An occupation for gain or support customarily conducted on the premises by a person or family residing therein. Home occupations are governed by the requirements of section 9-1. Home occupations are permitted uses as a matter of right in certain districts pursuant to the schedules of use under section 5-1.1 and are permitted in all other districts only after special review and approval by the board of appeals as special exceptions pursuant to section 12-6.2.

2-22. 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.

2-22A. Industrialized Building. A term used only in Georgia, "industrialized building" describes certain manufactured buildings which are regulated by the Georgia Department of Community Affairs. Georgia law defines an industrialized building as "any structure or component thereof which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to, or destruction thereof." Industrialized buildings are constructed and regulated in accordance with the "Industrialized Buildings Act," O.C.G.A. § 8-2-110 et seq. An industrialized building must meet all requirements of the district in which it is located. Industrialized buildings designed for residential uses are often referred to as "modular homes."

2-23. Junkyard. Use of property for outdoor storage, keeping, abandonment, sale, or resale of junk including scrap metal, rags, paper or other scrap materials, used lumber, salvaged house wrecking, and structural steel materials and equipment, or for the dismantling, demolition, or abandonment of automobiles or other vehicles or machinery or parts thereof.

2-23.1. Storage area. Property and/or buildings used for the permanent or temporary storage of inoperable vehicles, machinery or other equipment or materials awaiting salvage, restoration, or sale, but not including exterior displays of new or used merchandise in operable condition for retail or wholesale distribution.

2-24. Kennels. The housing of four or more dogs.

2-24A. Lattice tower. A support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation to the top.

2-24B. Licensed Day Care Center. A day care center licensed by the State of Georgia and/or City of Ashburn that provides care, training, education, custody, treatment or supervision for children under 14 years of age, where such children are not related by blood, marriage or adoption to an owner or operator of the facility.

2-25. Lot. A lot of record, held in a single ownership by one person, or in common ownership by more than one, which has both lot area and lot dimensions equal to or greater than the lot width and lot area requirements established by this ordinance for the zoning district in which such tract of land is located and for the use proposed for the tract of land. (See section 3-21.)

2-26. Lot, Corner. A lot having frontage on two or more public streets at their intersection. (See section 3-11.)

2-27. Lot of Record. A lot which is part of a subdivision recorded in the office of the clerk of the superior court of Turner County, or a parcel described by metes and bounds, the description of which has been so recorded prior to the adoption of this ordinance. (See section 3-21.)

2-28. Lot, Through. A lot other than a corner lot, having frontage on more than one street; or a corner lot having frontage on three or more streets.

2-29. Lot Width. The distance between the side lot lines, measured along the front yard setback line as established by this ordinance, or if no setback line is established, the horizontal distance between the side lot lines measured along the street right-of-way line.

2-29A. Modular home. See "Industrialized Building."

2-29B. Monopole. A support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.

2-29C. Motel. A commercial building or group of buildings containing guest rooms and having separate outside entrances for each guest room. Designed to be used primarily by the motoring public and includes such terms as "auto court" and "motor lodge," but not bed and breakfast.

2-29D. Newspaper or Periodical Production, Sales, and Distribution. The operation of newspaper or periodical business including the production, sales, and distribution thereof, including all necessary presswork. Such term includes but is broader than newspaper or periodical publishing.

2-29E. Newspaper or Periodical Publishing. This term is narrower in scope than newspaper or periodical production, sales and distribution. The term does not include presswork, sales or distribution and is limited to the composition, layout and non-presswork printing of a newspaper or periodical.

2-29F. Nightclub (Lounge). A place of entertainment open at night, usually serving food and alcoholic beverages providing music and space for dancing.

2-30. Nursery School. An agency, organization, or individual providing daytime care of six or more children not related by blood or marriage or not the legal wards or foster children of the attendant adult.

2-31. Open Space.

2-31.1 That required portion of a lot at ground level, unoccupied by enclosed buildings and available to all occupants of the project. This space shall not be devoted to driveways or off-street parking but shall be usable for green space, recreational use and other leisure activities normally carried on outdoors.

2-31.2 Land devoted to conservation or recreational purposes and/or land designated by a municipality to remain undeveloped (may be specified on a zoning map).

2-31A. Personal Care Home. A building or group of buildings, a facility or place in which is provided two or more beds and other facilities and services, including room, meals and personal care for non-family ambulatory adults for compensation.

2-31A.1. Family personal care home means a home for adults in a family-type residence, noninstitutional in character, which offers care to two through six persons.

2-31A.2. Group personal care home means a home for adult persons in a residence or other type building(s), noninstitutional in character, which offers care to seven through 15 persons.

2-31A.3. Congregate personal care home means a home for adults which offers care to 16 or more persons.

2-32. Planning Commission. As utilized in this ordinance, the planning commission shall mean the Ashburn Planning Commission as duly appointed by the Ashburn City Council.

2-32.A Pre-existing towers and antennas. Means structures as set forth in subsection 16-2.

2-33. Principal Building. The building containing or to contain the principal use of a lot.

2-34. Principal Use. 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.

2-35. Public Street. Right-of-way dedicated to the city, county, state or federal government or owned by the city, county, state or federal government for public street purposes.

2-35A. Radio and Television Stations. Facilities for the on-site origination, transmission and broadcast of television and/or radio signals of an operator licensed by the Federal Communications Commission to originate, transmit, and broadcast programming using television signals and/or radio signals on either an FM band frequency in the range between 88 and 108 megahertz or an AM band frequency in the range between 535 and 1705 kilohertz.

2-35B. Radio and Television Studios. Facilities at one site for only the origination and transmission to another site for broadcast (specifically excluding at said site the ability to broadcast) of any operator licensed by the Federal Communications Commission to originate, transmit and broadcast programming using television signals and/or radio signals on either an FM band frequency in the range between 88 and 108 megahertz or on [an] AM band frequency in the range between 535 and 1705 kilohertz.

2-35C. Residential. Pertaining to the use of land, means premises such as homes, townhomes, patio homes, manufactured homes, duplexes, condominiums, apartment complexes or single room rental units, which contain habitable rooms for nontransient occupancy and which are designed primarily for living, sleeping, cooking and eating therein.

2-35D. Scenic views. Means those geographic areas containing visually significant or unique natural features, as identified in the county comprehensive plan.

2-35E. 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. This shall include but not be limited to public and private schools used for primary, secondary or post-secondary education.

2-36. Setback. The shortest distance between the centerline of a street and the principal building or structure on a lot.

2-37. Shopping Center. Two or more commercial establishments planned and managed as a single unit with off-street parking and loading facilities provided on the property.

2-38. Sign. Any surface, fabric, or device bearing lettered, pictorial or sculptured matter designed to convey information visually and exposed to public view; or any structure (including billboard or poster panel) designed to carry the above visual information.

2-38.1. Advertising separate use sign. A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered only elsewhere than upon the premises where the sign is displayed.

2-38.2. Advertising incidental use sign. A sign which directs attention to a business, commodity, service or entertainment conducted, sold, or offered as a minor and incidental activity upon the premises where the sign is displayed.

2-38.3. Bulletin board. A sign used to announce meetings or programs to be held on the premises of a church, community recreation center, school, auditorium, library, museum, or similar non-commercial places of public assembly.

2-38.4. Identification sign. A sign used to identify only the name of the individual, family, organization or enterprise occupying the premises.

2-38.5. Point of business sign. A sign which directs attention to a business, profession or industry located upon the premises where the sign is displayed, to type of products sold, manufactured or assembled, and/or to service or entertainment offered on said premises, but not a sign pertaining to the preceding if such activity is only minor and incidental to the principal use of the premises.

2-38.6. Portable display sign. A sign not permanently affixed to the ground or any sign which is mounted on a portable wooden or metal trailer-type frame or any other such sign intended by either the sign owner or property owner to be a temporary sign.

2-39. Special Exception. A special exception is a use which within certain districts specified by this ordinance is not permitted as a matter of right but may be permitted within these districts by the board of appeals after said board has:

(1) Reviewed the proposed site plans for the use, its location within the city, its arrangement and design, its relationship to neighboring property and other conditions peculiar to the particular proposal which would determine its desirability or undesirability;

(2) Has found the proposal not to be contrary to the intent of this ordinance; and

(3) Has approved the use as specified.

(See sections 5 and 12-6.2.)

2-40. Structure. Anything constructed or erected with a fixed location on or in the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, billboards, swimming pools and fallout shelters but does not include walls or fences.

2-41. Telecommunication. The technology which enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or electromagnetic systems.

2-42. Trailer, Travel Type. A vehicular portable structure designed as a temporary dwelling for travel, recreation, and vacation uses, which is identified on the unit by the manufacturer as a "camper" or "travel" trailer.

2-43. Variance. A variance is a relaxation of the terms of the zoning ordinance that will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the intentional actions of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship. (See section 12-6.3.)

2-43A. Visual quality. Means the appropriate design, arrangement and location of tower structures in relation to the built or natural environment to avoid abrupt or severe differences.

2-43B. Wireless telecommunications antenna. The physical device through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission a retransmitted or received. Antennas used by amateur radio operators are excluded from this definition.

2-43C. Wireless telecommunications equipment shelter. The structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.

2-43D. Wireless telecommunications facility. A facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.

2-43E. Wireless telecommunications tower. A structure intended to support equipment used to transmit and/or receive telecommunications signals including monopoles, guyed and lattice construction steel structures. This term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telecommunication towers, manmade trees (with accessory buildings/structures) and other similar structures.

2-44. Yard, Front. That area of a lot lying between the abutting street right-of-way line and the principal building of the lot and extending across the front of a lot from side lot line to side lot line. (See illustration following this section.)

2-45. Yard, Rear. That area of a lot extending across the rear of a lot from side lot line to side lot line and lying between the rear lot line and the principal building on the lot. (See illustration following this section.)

2-46. Yard, Side. That area of a lot between the side lot line and the principal building on the lot extending from the front yard to the rear yard. (See illustration following this section.)

History: (Ord. No. 2018-12, § 1(Exh. A, § A), 12-6-2018)